The fundamental rights of persons with AIDS/HIV: a constitutional and social analysis in the face of discrimination

Abstract

This work addresses the challenges faced in the applicability of the fundamental rights of people living with HIV/AIDS, highlighting discrimination as a significant obstacle. When examining the literature and empirical evidence, it is identified that there is a stigma associated with people living with HIV/AIDS in different spheres of society, resulting in marginalization, social exclusion and violations of human and fundamental rights. Therefore, the first topic will discuss the main concepts, international treaties signed by Brazil, the 1988 Federal Constitution and other laws on the rights of people with HIV. Then, the second topic will analyze the social mechanisms that perpetuate stigma and discrimination against key groups, highlighting the obstacles to the realization of these rights. And finally, the third topic will examine the main institutional, legal and cultural impediments to the integration of HIV-positive people into Brazilian society, including relevant court decisions. When examining the judgments, the importance of a judicial approach sensitive to conditions of vulnerability and the protection of fundamental rights is evident. A qualitative research methodology will be used, with a literature study serving as the main emphasis. This approach will involve a critical and methodical examination of the body of research on the rights of HIV-positive people in Brazil, including academic works, legal documents, case law, reports from international organizations and other pertinent sources. It is concluded that, to guarantee the effective applicability of the rights of HIV-positive people, a collective commitment to combating intolerance is essential. Furthermore, a fundamental rights-based approach is needed to tackle taboo and prejudice, involving educational policies and programs, community awareness raising and actions to encourage inclusion and respect.