P.R. Laws tit. 1, § 523

2019-02-20 00:00:00+00
§ 523. Bill of Rights

(a) They shall hereby be guaranteed the effective enforcement of the rights set forth by the laws and the Bill of Rights of the Constitution of Commonwealth of Puerto Rico.

(b) Every person who is a carrier of the HIV/AIDS virus shall have the right to: Receive clear, exact and scientifically based information about AIDS without any kind of restriction. Carriers of the virus have the right to receive specific information about their health condition.

(c) No one has the right to restrict the freedom or the rights of persons for the sole reason that they are HIV carriers, regardless of their race, nationality, religion, ideology, gender or sexual preference. Neither the State, nor any natural or juridical person shall request information that attempts against the privacy of persons who are HIV carriers, nor shall they establish registers of persons with whom they have had sexual contact.

(d) Right to the best assistance and treatment, without any restriction, to guarantee a better quality of life.

(e) No carrier of the virus shall be subject to isolation, quarantine or any other type of discrimination.

(f) Any carrier of the AIDS virus has the right to participate in all aspects of social life. Any action tending to deny virus carriers employment, shelter, or assistance, or to deprive them of the same, or tending to restrict their participation in group, school and military activities must be considered discriminatory and punished pursuant to this chapter.

(g) The right to receive blood and products derived thereof, organs or tissue that have been rigorously tested for HIV.

(h) Nobody shall make reference to another person’s past or future disease, or to the results of HIV testing without that person’s consent, except for what is provided in §§ 571 et seq. of Title 24. All medical and assistance services must ensure privacy for the virus carrier.

(i) No one shall be forced to be tested for HIV for any reason, except for what is provided by §§ 571 et seq. of Title 24. HIV evidence must be used exclusively for purposes of diagnosis, treatment, control of transfusions and transplants, and epidemiological studies, but never for any type of control over people or populations. The interested parties must be informed of the test results by a competent professional.

(j) Any virus carrier has the right to communicate his health condition or the test results only to the people he/she wishes to inform.

(k) Any carrier of the virus has the right to continue with his civil, professional, sexual and emotional life. No action can restrict his full right to citizenship.

History —Sept. 2, 2000, No. 349, § 3.