An end to labor arbitrariness at the expense of people living with HIV


From Positive Voice news

On 24 November 2022, the Parliament of Greece voted unanimously to ban discrimination at work against people living with HIV. It is a special day for the fight against HIV stigma, but also a day that honors the Government and all the parties of the Greek Parliament. The universal support of the provision, a rare fact in parliamentary practice, on the one hand demonstrates its correctness and importance and on the other hand emphasizes that issues such as the protection of human rights cannot be a field of partisan confrontation, but of agreement, sending a resounding message for the removal of discrimination and reducing stigma.

The specific article 48 was passed in the framework of the law “Rationalization of insurance and pension legislation, strengthening of vulnerable social groups and other provisions“, of the Ministry of Labor and Social Affairs. People living with HIV are one of the most multi-vulnerable and marginalized social groups. This article derives from the International Labor Organization’s Recommendation 200/2010 on HIV/AIDS, according to which “actual or perceived HIV-positive status should not be a reason for discrimination that would prevent the recruitment or continuation of employment or equal opportunities in accordance with the provisions of the International Labor Convention 111“.

With this provision, which was introduced by the Ministry of Labor in response to a request from the HIV-positive Association of Greece, discrimination in work and professional life, to the detriment of people living with HIV, is now expressly prohibited and the investigation (examination) of HIV infection by the – potential – employer, an issue that was not ensured by the legislative framework until now, resulting in abusive, stigmatizing and unacceptable practices in the workplace.

The Association of HIV-positive people Positive Voice thanks the Government for the initiative, which follows other initiatives, as announced by the Prime Minister in his message last year for the 40th anniversary of the emergence of the HIV/AIDS pandemic.


Rave is a crime in Italy

From the article published by the Forum Droghe

The first three measures by the new Italian government, the right-centre coalition which won the 25 September elections, have been a) to block the reform promoted by the Parliament to mitigate the harsher norms which regulate life prison sentences and other juridical innovations b) to block NGOs ships which save migrants in the Mediterranean sea, preventing disembarkation in a safe Italian harbour and c) to introduce a new norm in the penal code which make raves and free parties a crime.

The d.l. (decree law) n. 162/22 of 31.10.22 introduces a new article (art. 434-bis Penal Code), which sanctions the crime of “invasion of lands or buildings to hold events dangerous for public order, or public safety or public health”. This shifts the supposed offences related to raves from the Penal Code section dealing with private property to the one dealing with major crimes such as slaughter, fire, flood, train wreck, explosive manufacture. The sanctions provided to organizers are prison sanctions from 3 to 6 years and fines from 1,000 to 10,000, and the seizure of all stuff and equipment. Also, participants can be sanctioned with reduced penalties, and, furthermore, the proposal establishes a change in the Anti-Mafia law, in order to extend special personal prevention norms also to rave organizers.

The Decree law is in force since 1st November. It must be discussed, possibly emended and approved by the Parliament by the end of December. If it is not approved it will expire. The government itself is working on some changes, considering the numerous criticisms from a juridical perspective, which may lead to its rejection by the Parliament.

Many CSOs, professionals, PWUDs organizations, harm reduction teams, people from the world of culture and policy are taking a position against it and asking for the new law to be annulled. Many jurists support the hypothesis of the anti-constitutionalist basis of this proposed law and many others contest the violation of the fundamental principle of proportionality of penalties.

The civil society organisations and other opponents of this law have less than two months for mobilizing and organizing to fight against this new repressive law, working with jurists, policy makers, the media, people from the cultural environment, etc.

See all the details about the WitchTek 2022, the Halloween free party self-organized for the third year where more than 3.000 people met near Modena (northern Italy, Emilia Romagna region), coming from all over the country and also from other European countries which triggered this harsh move and all the details about the new law at the Forum Droghe’s article following this link>>>.

Amendments to the Law on the Production and Trafficking of Illicit Drugs without sufficient support

The legislative procedure for the proposal for an amendment to the Law on the Production and Trafficking of Illicit Drugs, which was submitted by part of the opposition, is coming to an end. The proposal was supported on the meeting of the parliamentary Health Committee on 17 February by eight members of the parliamentary committee on health, while one more was against.

The amendment was submitted to the legislative process by the parliamentary groups SD, Levica, LMŠ, SAB and NP. On behalf of the proponents, Dejan Židan (SD) and Violeta Tomić (PS Levica) explained today that they want to clearly define that the cannabis plant is a cultivated plant, which should be separated from cannabis as an illicit drug. According to them, this would correct the error resulting from the incorrect translation of the European Convention on Narcotic Drugs, which also led to the stigmatization and criminalization of the plant.

According to the proponents, the convention clearly defines the difference between cannabis and the cultivated cannabis plant, which is crucial for defining legal economic and amateur activities that do not require a drug control system, but only define the conditions of legal activities (agriculture, industry, horticulture, etc.).

The proposal would define the conditions under which the cannabis plant can be legally grown for industrial, food and horticultural purposes. As they explained, the goal is also to avoid monopolistic, especially French pressure on the Slovenian market, which eliminates old Slovenian varieties by setting 0.2 percent THC.

Although they emphasized that the proposal did not interfere in the field of medical or recreational use, and the proponents, following the opinion of the parliamentary legislative and legal service, also submitted several amendments, a number of concerns were heard at the meeting. State Secretary at the Ministry of Health Franc Vindišar explained that the proposal was not appropriate in the government’s opinion. They estimate that “the regulation does not only concern the agricultural production of industrial hemp, but also means deregulation, sometimes legalization, which will contribute to greater use of cannabis for recreational purposes”.

As he said, such important changes require an in-depth analysis in terms of potential benefits and, above all, negative health, social, security, financial and other consequences, which the proposal does not include. He assured that the terminology in Slovenian legislation is regulated in accordance with all conventions and European regulations, but at the level of the Ministries of Health and Foreign Affairs they will harmonize and ensure the translation of the convention, which was already proposed by the Health Committee. The Ministry of Health has also prepared a bill on the cultivation and trade of cannabis for medical purposes, which is currently in interdepartmental coordination.

He also criticized the proposal discussed today for being partial and for the new solutions not to be followed by a change in control and penal provisions. From the point of view of public health protection, according to him, the proposed limit of one percent THC in cannabis plants, which can be grown for seeds and fiber for industrial, food and horticultural purposes, is not particularly acceptable.

Several representatives of non-governmental organizations and institutions working in the field of health and addiction then presented their views. The proposal was largely opposed, described as ill-conceived and warned that it means liberalization in this area and leads to greater availability of cannabis, which means greater use and harmful consequences for public health, especially for children and adolescents.

The director of the National Institute of Public Health, Milan Krek, pointed out that “cannabis is the most commonly used drug in Slovenia today, ten times more used than other drugs”. However, the experience of other countries with cannabis liberalization is poor in terms of public health. According to him, the bill also “seriously interferes in the field of state security”, as it facilitates the work of organized crime in the production and trafficking of drugs in certain segments.

Robert Pavšič (LMŠ) pointed out that there are many plants whose use can have harmful consequences if misused, mentioning, among others, pears, plums, barley and poppies, as they can all be made into drugs – legally or illegally. Alcohol abuse can have dire consequences, but wine and beer are categorized as food, he added.

Like Tomić, he pointed out that today industrial hemp products sold in Slovenia mostly come from abroad. According to Tomić, Slovenian farmers are not competitive. Matjaž Grkman from the Ministry of Agriculture, on the other hand, said that Slovenian farmers, like others in the EU, could grow industrial hemp, but the problem was in the farmers’ organization itself.


Consultations in the Office for Combating Drugs

The Office for Combating Drugs of the Government of the Republic of Serbia held a meeting with civil society organisations on 25 February 2019. Besides 11 organisations which signed the Memorandum of Understanding with the Office in 2018 (including DPNSEE and 3 of its member organisations), 4 new organisations which established formal cooperation with the Office also joined the meeting.

Most of the meeting was dedicated to the proposals for amendments to the Criminal Law related to drug-related offenses. DPNSEE sent a formal proposal to the Ministry of Justice, the Working group for changes of the Criminal Law it created, The Office for Combating Drugs and the Office for support to the civil society organisations proposing decriminalisation of drug use and possession for personal use and protection of civil society organisations providing services to drug users. The proposal is available in Serbian following this link>>>.

The proposal was appraised as a very good, clear, concise and evidence based, but concerns were expressed that it may not be supported due to current situation in the country and increased conservatism in relation to the drug use. The participants emphasized the need to establish a system of accreditation of civil society organisations services. It should include all elements of their work, from prevention, harm reduction, treatment to social services and rehabilitation.

The Office will, through their representative, present civil society proposals to the Working group for changes of the Criminal Law.

The participation of civil society organisations representatives in the Working group to prepare the new Action plan for implementing the National Drug Strategy was appraised as a very good example of partnership. The Office will propose full involvement of the civil society in designing the new Strategy.

The participants at the meeting also got acquainted with the current activities of the Office on Drugs Policy, exchanged experiences on the previous cooperation defined in the Memorandum and made suggestions for improving it.

Greek Parliament set to vote on new bill establishing Supervised Drug Consumption Sites

A hearing meeting of the Standing Committee on Social Affairs of the Hellenic Parliament took place on 20 February 2019 to discuss draft law submitted by the Health Ministry. Among others, it includes various amendments of the Law 4139/2013 on drugs as well as a specific provision for the legal establishment of supervised drug consumption sites in Greece. The debate over the recent draft law is entitled “Private Clinics Statutory Framework, Modernization and Reformative recommendations, The National Public Health Organization establishment, the National Institute of Neoplasms and the other provisions establishment”.

Sofia GalinakiSofia Galinaki, Advocacy Officer of Diogenis and representative of the Greek organizations’ Platform for psychoactive substances, participated in the hearing, during which in cooperation with other Platform’s member organizations presented a series of proposals aiming to improve this legislative initiative.

Α relevant proposals’ memorandum was submitted on behalf of the Platform to the Committee and the Minister of Health, Mr A. Xanthos.

The second reading of the draft law by the Committee scheduled for 26 February 2019.

The current Law (in Greek) is available following this link>>>>