After months of organizing the petition, and years of work from select activists, E.V.A. has succeeded in pushing adoption reform through the Ministry of Health, which is now willing to support the petition and present the reform to the Duma (Russian parliament). Take a look at this article from a Russian newspaper (translated into English by yours truly) which talks about the reform, its history and future implications. This is key in providing orphans, specifically those with HIV, a brighter future. It is also a step in ending discrimination and stigma towards HIV+ people within Russia and granting them the rights they deserve.
The Russian Ministry of Health is ready to give people living with HIV
and hepatitis B the right to adopt children. Human rights activists and patient
associations have long worked towards this solution, and, according to these
groups, current forms of treatment completely eliminate the risk of infection
for children. The government is now ready to support this initiative.
A letter from the Ministry of Health was sent
to both the Russian Ministry of Education and a representative of the women’s patient
organization, “E.V.A.”, Alexandra Volgina. In the document, Alexander Goliusov,
deputy head of the Department, recalls that adoptive parents and guardians
could not be people, “suffering from infectious diseases who are undergoing
medical treatment.” In most cases, people only fall under this label during the
acute period of their illness. But, with chronic viral hepatitis B & C,
this acute period can last for several years, and with HIV, clinical
examination continues throughout life. “Patients, who adhere to proper medical
and preventative procedures are generally restored to good, functional health,”
recognizes the Ministry of Health. “Simply because such patients are undergoing
medical treatment cannot be the criteria on which adoptive parents are evaluated.”
The letter writers state that the document was sent to the Government Office with
the goal of removing HIV and hepatitis B & C from the list of diseases that
prohibit a person from adopting children.
According to the Institute of Epidemiology, there are 8 million people
suffering from different forms of hepatitis in Russia. In turn, the Federal Center
of AIDS said that there are 700,000 people officially registered as living with
HIV. Experts recognize that there are, in fact, many more people infected with
HIV.
The Ministry of Health changed its position on this issue after two
trials. In 2010, Svetlana Izambayeva, a resident of Kazan who was diagnosed
with HIV, successfully challenged the law banning HIV+ people from adopting
children and was allowed to adopt a child. After the court victory of Mrs.
Izambayeva, patient organizations began collecting signatures demanding the
change of internal rules from the Ministry of Health. They prescribed that the
presence of these diseases is not a legitimate reason to deny adoptive rights.
In 2012, a similar court case was won in Petrozavodsk, by a patient who was
infected with viral hepatitis during surgery.
As explained by the human rights organization “Agora,” which was
involved in both of proceedings, denial of adoptive rights came from a
government decree in 1996. Paul Pins, head of the organization “Agora” explained,
“this document was created at a time when HIV or hepatitis meant certain death.
Now, with access to proper treatment, people with these diseases can live.”
“I know a lot of people with these diagnoses who have already taken in
foster children,” Alexandra Volgina told Kommersant. “People did the best that
they could to work around the adoption ban: arranging it under their parents or
a healthy spouse. No problems have occurred with these children.” According to
her, about 600 people have signed a proposal allowing people with these
diagnoses to adopt.
“Cancelling
the ridiculous ban is absolutely the right decision,” says Lyudmila
Petranovskaya, a psychologist of social order for the Development Center.
“Currently, the law does not even allow people living with HIV to adopt
children who also have the same diagnosis.”
“If
the Ministry of Health believes that the diseases of the adoptive parents are
not a danger for adopted children, then this option will be considered,” said
Alexey Levchenko, a spokesman for the Deputy Prime Minister for Social Affairs,
Olga Golodets. He recalled that in February 2012 the government implemented a
decree authorizing adoption rights for people receiving treatment for stage I
and II cancer. “Thus, this new initiative is in line with recent decisions of
the government,” concluded Levchenko.
