Because she initially did not want to go to the dentist, an HIV-positive woman received 1,500 euros in compensation for discrimination. That was the decision of the court of Vienna-Döbling. The person concerned indicated his infection in a standardized questionnaire.
As a result, she was initially refused treatment. In the end, the woman was offered an appointment at the end of the day because special hygiene measures still had to be taken. “The whole situation was humiliating and stigmatizing. As a patient, I expect to be treated with respect and to be treated like everyone else,” said the patient. She contacted the Vienna Aids Help Center and the Litigation Association because she did not want to accept the discrimination.
Attempted reconciliation failed
In 2019, a mediation attempt at the Ministry of Social Affairs already failed. The HIV-positive then sued for damages for discrimination under the Disability Equality Act (BGStG). As a chronic disease, the infection legally falls under the discrimination characteristic of disability. Four years later, the woman was proved right and she received 1,500 euros in compensation.
“I am very pleased with the positive ruling by which the court has awarded our plaintiff full damages,” said Theresa Hammer, head of legal enforcement at the Litigation Association. “Unfortunately, HIV-positive people experience discrimination in healthcare time and time again. You can defend yourself against that, if necessary in court, as our client demonstrates.” Last year, the reports of unequal treatment that went to the AIDS organization mainly concerned incidents with doctors, in hospitals or during a stay in a spa or rehabilitation center. center (65.7 percent). Further reports came from the private/leisure time (17.2 percent), work (8.5 percent), media/internet (5.7 percent) and government/insurance (2.9 percent) sectors.
prejudice and false information
“In our consultations we hear time and time again that HIV-positive people are denied dental treatment with reference to perceived hygiene standards. This is often based on prejudices and incorrect or outdated information. For example, HIV-positive people whose viral load cannot be detected by modern medication are not contagious at all,” said Barbara Murero-Holzbauer, legal officer at Aids Hilfe Wien and also a board member of the Litigation Association.
The verdict is not final. The defendant dentist has appealed, which is why the proceedings are now moving to the second instance before the Vienna Regional Court.
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
