EU Warns UK on Equality

posted: 14/12/2009

The government faces legal action by the European Commission for not doing enough to protect people from discrimination at work. This threatens the Equalities Bill now going through Parliament.
 

The European commission says parts of UK law, including provisions on sexual orientation and disability, are inadequate. They fail to properly implement several Equalities Directions signed unanimously by European countries way back in 2002. The EU could take the UK government to the European court of justice.
 

Sexuality : fail
The EU sent the government two official opinions last month, and these include a warning that the law that applies to faith-based organisations, schools and adoption agencies allows far too much discrimination on grounds of sexual orientation.
"This could be difficult for the government," said Robin Allen QC, head of Cloisters chambers. "The extent to which religious organisations are exempt from the rules of sexual orientation discrimination is a particularly difficult issue. The government will certainly resist any strengthening to the current law in an election year."
 

HIV Class Actions missed : fail
Other parts of UK law singled out by the EU's equal opportunities commissioner include the lack of a ban on "instructions to discriminate", where a person is discriminated against because of the actions of a third party, and the lack of clear provisions for class actions. Class actions are an important right, particularly for stigmatised groups like people with HIV, who are often very reluctant to make formal complaints. Organisations, like George House Trust, should be able to take class actions on behalf of a group of people to challenge illegal discrimination.
 

"The government has kept promising to address group claims and, as a matter of good practice, lawyers have been saying it should happen. But no one had picked up that failing to do so would breach the EC directive – this came as a total surprise," said Rachel Harfield, an employment law solicitor at Russell Jones & Walker.

UK only EU state to fail on equalities
Last month, the long-awaited equality bill was included in the Queen's speech for a second year and was presumed to be compliant with EU requirements. News of the warning from the commission means the UK is the only European country to have failed to implement two key EU directives on discrimination.
 

"This directive was agreed unanimously by all EU countries in 2002 but, to be effective, it needs to be fully and correctly transposed into national law," said Vladimir Spidla, EU commissioner for equal opportunities. "We call on the UK government to make the necessary changes to its gender equality legislation as soon as possible so as to fully comply with the EU rules."
 

Two months to answer
The government has two months to respond. The general election has to be held within the next six months and Parliament has to finish all business about a month before the election. A spokesman for the government's Equalities Office said: "We take our European legal obligations seriously. We will be studying the reasoned opinions carefully and will reply to the commission in the new year. The equality bill will be continuing its progress through parliament during the fifth session."
 

The criticism will embarrass the government. The bill, which replaces nine existing laws and more than 100 other measures, was intended to end this patchwork mess with a single law.
 

"One of the criticisms of the existing equality legislation is that there are too many pieces of legislation," said Harfield. "The equality bill is supposed to be a consolidation – the last thing the government would want is to introduce an equality bill as it stands, and then have to introduce new legislation further down the line. That would make a mockery of what the bill is supposed to do."
 

Multiple discriminations : Fail

Experts have welcomed many of the bill's provisions, but some see it as a "missed opportunity" for failing to develop the law on equal pay or to allow claims with more than two grounds. This is another issue that affects people with HIV. Many people with HIV tick several equality boxes and discrimination may be because of HIV (disability), sexuality, ethnicity, and gender. Often discrimination may be for more than one of these reasons, but to make a claim at present you can only pick one. That choice is a gamble and Europe says there is no need for this.
 

Allen said: "One of the biggest issues with the equality bill is the attempt to redraw the lines between gay people and evangelicals – there will be concerns that any further demands for changes could interfere with the legislative process."
 

Source

Prevention Priority in Europe

posted: 13/11/2009

Prevention looks set to be the major theme of the 12th European AIDS Conference, which officially opened in Cologne, Germany, on November 11th.

Launching the conference to the media, Prof. Francoise Barre-Sinoussi said that preventing HIV from establishing itself in individuals was now one of the priorities of basic research into the virus. And Prof. Jurgen Rockstroh of Bonn University highlighted that 50% of HIV infections are undiagnosed in Europe.

Reducing the amount of undiagnosed HIV and providing HIV treatment and care would improve health outcomes and help prevent new infections, he told the media.

Basic research: better drugs, better prevention

Over 4000 people are in Cologne to learn about recent developments in Europe’s HIV epidemic.

Current HIV treatment is highly effective and doctors are increasingly hopeful that patients in Europe have the chance to live a near-normal lifespan. Prof. Barre-Sinoussi said that one of the main objectives of basic research into HIV now was to find new targets for antiretroviral drugs, and even ways of eradicating HIV infection.

She suggested that research into so-called “elite controllers” – rare HIV-positive people who don’t get HIV symptoms of the infection and have a very low viral load – could improve both HIV treatment and help with prevention.

Undiagnosed HIV in Europe

The importance of testing and being diagnosed soon enough was clear during Prof. Rockstroh’s summary of the conference.

Approximately half of all HIV infections in Europe are undiagnosed, this figure increasing to 79% in some Eastern European countries.

More HIV testing is essential if we are to control the European HIV epidemic, said Prof. Rockstroh. However, laws criminalising HIV transmission and exposure, and the high levels of HIV stigma in some countries are serious obstacles discouraging people from testing.

Other key themes of the conference include:
HIV and aging
HIV worsens diseases of aging, such as heart, kidney and liver disease. HIV treatment can help reduce the risks, but only if you know your status.

Access to treatment
Around 80% of people in richer European countries are taking anti-HIV drugs, but only 5% in Eastern European countries where the epidemic is far worse. This Cologne conference is setting the scene for the International AIDS Conference in Vienna in 2010 which will focus on Eastern Europe.

Co-infections
A third of people with HIV in western Europe are co-infected with hepatitis C virus, but this rises to a frightening 70% in Eastern Europe where injecting drug use is fuelling HIV and hepatitis epidemics. There is an urgent need for new anti-hepatitis C therapies, but there has been little research into new drugs for people with co-infection. A special conference session will consider possible ways forward.

Providing the best possible care
New European HIV treatment guidelines will be launched at the conference. These will cover antiretroviral treatment, medical monitoring and the treatment of hepatitis co-infections.

EU, HIV and Protection from Discrimination

posted: 02/06/2009

The European Union is discussing an ‘equal treatment directive’ against discrimination on grounds of religion or belief, disability, age or sexual orientation. While we have this type of protection in the UK, the position is much worse in many other EU countries. The 'directive' would make sure there is no country-lottery (like a post-code lottery) for HIV rights across the Union.

This is one reason why we called yesterday for people to vote in the EU elections for HIV.

AIDS Action Europe joined with the UK’s NAT (National AIDS Trust), the European AIDS Treatment Group (EATG) and the EU’s HIV/AIDS Civil Society Forum (CSF) to campaign for the directive to protect people with HIV from discrimination.

An online Petition attracted 70 NGO signatories from across Europe, including at least one NGO from every member state, and representations have been made to national government representatives, Commissioners and commission officials, other interested advocacy networks and to many Members of the European Parliament.

Council of Ministers will decide

The final decision on the directive rests with the Council of Ministers and there is some time to go before the Council comes to a final decision. But between December 2008 and April 2009 the European Parliament debated the directive.

The EU Parliament has now accepted HIV as part of the draft directive

As a result of extensive lobbying by AIDS Action Europe, as well as by NAT, EATG and CSF members, the European Parliament agreed the amendment to the directive which we believe will provide real protection from discrimination for all people with HIV.
 

More work needs to be done to persuade the Council of Ministers to agree the addition of anti-HIV discrimination protection – but this recent success shows how the EU Parliament does make a real difference for people with HIV and why voting on Thursday is important.

Vote for HIV at Elections

posted: 01/06/2009

The election matters because the tide of public anger with politicians is high, and most people don't normally vote in either county council or European elections. This time abstentions and protest votes for smaller parties like UKIP and BNP, are likely to be far higher than last time.

The risk is serious that parties and candidates will be elected who are hostile to people living with HIV, especially people who are migrants. George House Trust urges everyone to use their vote.

Some migrants with HIV have no right to vote and many others have not registered. This makes it more important that the rest of us do vote, and vote thoughtfully.
 

Who can vote?
It is too late now to register for this election because you have to register at least 11 working days before an election. Find out here who can register to vote and how to do this in time for the general election which is due before early June 2010 - simply click here or scroll down this page to the line across the page, for the full details and the weblinks.

One or Two Elections?

There are two elections, but most people in the region will only be able to vote in the European one. The council elections are only for County Councils - in the Northwest that means people living in the Lancashire County Council and Cumbria County Council areas. There are no elections this year for unitary councils, like those in Greater Manchester, Merseyside, Blackburn with Darwen, and the two new unitary councils in Cheshire.
 

European Election Candidates and Parties in Northwest England
The EU Parliament and Commission has some useful powers affecting people living with HIV and it has some influence over migration. That is why voting in the European election is important.
We are a charity and, by law, cannot be party political – we can't tell you who to vote for, or campaign for a party. But we can provide information to help you decide how to use your vote.

In the European elections all of Northwest England is one constituency. Proportional Representation decides which candidates get elected to the 8 seats in the EU Parliament for the NW region.

The UK voting system for the European elections is proportional representation - a regional closed list. This means that political parties put forward names of candidates for each region, in the order they want them elected. You have one vote and put a cross in the box next to the party you want. You can't vote for any individual candidates, except for an independent candidate who is not in a party. (There is one independent standing in the Northwest.)
 

Who's Standing?

You can check here the full lists of candidates for each party (and the 2004 election results) here
 

In 2004, 

• Conservatives won 4 seats,
• Labour won 3 seats,
• Liberal Democrats won 1 seat,
• UKIP (United Kingdom Independence Party) won 1 seat.

This year the number of seats has been cut across Europe, so the Northwest will have 8 MEPs, not 9 as now.
 

Please do use your vote
George House Trust asks you to vote in the election on Thursday 4 June, taking into account the impact the party you choose to put a cross next to may have on everyone living with HIV, not just in the UK, but the rest of Europe too, and for the influence the EU can exert in the rest of the world on HIV.

County Council elections in Lancashire and Cumbria
If you have a vote in these elections we urge you to use it - the BNP won seats on Burnley Council at the last election and now hope to win seats on Lancashire County Council.

Who can vote and how do I register?
 

You can register now to vote for the coming general election, which has to take place by early June 2010, if you are:
• 16 years old or over (but you won't be able to vote until your 18th birthday), AND
• a British citizen, OR
• an Irish, EU, or qualifying Commonwealth citizens.
“Qualifying Commonwealth citizens are those who have leave to enter or remain in the UK, or do not require such leave.”
 

At the European elections, but not at Council or Parliamentary elections, EU citizens can also vote.
 

Registering to Vote
You can register to vote online – but you have to print, sign and post the application form to your local council's Electoral Registration Office.

The application form is here. If you enter your postcode in the box (top right) it will tell you the address of your local Electoral Registration Office.

Nationality Question

One question you must answer on the form is about your nationality – simply write in Zimbabwean, or whatever your nationality is – this must be UK, Irish, a Commonwealth country, or another EU country, for you to vote.
 

The electoral registration form has a simple declaration you must sign which says
“As far as I know, the details on this form are true and accurate. I understand that to provide false information on this form is an offence, punishable on conviction of up to 6 months and/or a fine.
I confirm that I am a British, Irish, European Union or qualifying Commonweath citizen.
Qualifying Commonwealth citizens have leave to enter or remain in the UK, or do not require such leave.”
Normally if you sign this, it is simply accepted. You are not normally asked to show any documents to prove your nationality and leave status.

Am I a 'qualifying Commonwealth Citizen'?
Section B 6 in the Guidance for Electoral Registration Officers explains who can register.
Unfortunately it doesn't explain this in plain English – it refers to the law which is section 4(6) of the Representation of the People Act 1983 and suggests you could check with the Home Office.
 

The Guidance for Electoral Registration Officers says
Commonwealth citizens - Entitlement to vote
6.14 Qualifying Commonwealth citizens are entitled to register as Parliamentary and as local government electors provided that they also fulfil the age and residence requirements for such registration and are not subject to any other legal incapacity.
Meaning of ‘qualifying Commonwealth citizen’
6.15 A person who is a Commonwealth citizen is a qualifying Commonwealth citizen for registration purposes if they do not require leave to remain in the UK or they do require leave to remain in the UK but have been granted such leave or are treated as having been granted such leave.
6.16 Any type of leave to remain is acceptable, whether indefinite, time limited or conditional.
6.17 Qualifying citizens of the following countries meet the nationality criteria to register in respect of all elections.

Commonwealth countries
Antigua and Barbuda, Australia, The Bahamas, Bangladesh, Barbados, Belize, Botswana, Brunei Darussalam, Cameroon, Canada, Cyprus, Dominica, Fiji Islands, The Gambia, Ghana, Grenada, Guyana, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Mozambique, Namibia, Nauru, Nigeria, New Zealand, Pakistan, Papua New Guinea, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Samoa, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, Swaziland, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom, United Republic of Tanzania, Vanuatu, Zambia, Zimbabwe.
 

Asylum

The Guidance says this about asylum:
6.18 The fact that an applicant or elector has claimed asylum has no connection to their right to be registered as an elector ….. The Electoral Registration Officer can only make enquiries as to nationality and whether a person has any type of leave to remain in the UK.

The Representation of the People Act 1983, Section 4(6) is no real help in deciding who is a qualifying commonwealth citizen.
 

The George House Trust guide on who can register to vote

This is our understanding of the rules:
If you are a citizen of one of the Commonwealth countries listed above, what matters is
do you

• require leave to enter, or
• have you been granted leave to remain, or
• are you treated as having leave to enter, or
• are you treated as having leave to remain.

If your honest belief, after checking the information below, is that you can truthfully sign the application to register for a vote which states As far as I know, the details on this form are true and accurate, you can apply for a vote.
 

Leave to enter
Commonwealth citizens always require leave to enter, unless they have the right of abode.
- see Immigration rule 7:
Most Commonwealth citizens with right of abode in the United Kingdom can simply check their passport – a UK stamp in the passport will state if you have the right of abode in the United Kingdom; or you will have a UK certificate of entitlement certifying the right of abode. Official Guidance on Right of Abode
Some other Commonwealth citizens will have the right of abode, even if they don't have this stamp in their passport, or a certificate of entitlement. It is unlikely recent migrants from the Commonwealth will have this. This right of abode depends on your birth, or marriage. South Africans and Pakistani citizens won't be able to claim this. Check the link above for the birth and marriage requirements for this.
 

Leave to remain
Who has leave to remain is complicated, but people with leave to remain will either have a current, valid stamp in their passport saying you have leave to remain, or will have some other Home Office / Borders and Immigration Agency official document or letter saying this.
The rules about leave to remain are here, and depend on your reason for being here.
 

Treated as having leave to enter
Commonwealth citizens who have made a valid claim for asylum, or for humanitarian protection, who have not had a final refusal, are treated as having leave to enter.
 

Treated as having leave to remain
Commonwealth citizens whose claim for asylum or humanitarian protection has been approved, are treated as having leave to remain. Others are also be treated as having leave to remain, for example refused asylum seekers who are receiving ‘section 4 support’. 

If you think you should also be treated as having leave to remain, you could check with a Citizens Advice Bureau, or your immigration adviser. We suggest you print this information and take it to them, with your passport, and any official letters, or papers about your immigration / asylum situation.

No right to vote
Other Commonwealth citizens, including people whose

• claims for asylum or humanitarian protection have had a final refusal, or
• who have overstayed their visa, or
• who entered the UK irregularly,

have no right to vote.

You cannot have the right to vote if you are not a citizen of a Commonwealth country, or of an EU country. This means, for example, citizens of the Democratic Republic of the Congo, USA, Brazil, etc. can't ever vote in UK elections, unless they become British, or become a citizen of another EU country.

Register to vote
You can register to vote online – but you have to print, sign and post the application form to the local council's Electoral Registration Office.

The application form is here. If you enter your postcode in the box (top right) it will tell you the address of your local Electoral Registration Office.
 

George House Trust provides this information in good faith but the responsibility is yours to check you have a right to register. If you are in doubt you could ask your local Citizen's Advice Bureau  , or your immigration / asylum adviser.
 

We suggest you print this information and take it to them, with your passport and any official letters or papers about your immigration or asylum situation.

New Euro HIV Policy

posted: 16/12/2008

In 2009 the current EU policy on HIV, called Communicate, will be updated and replaced. The European Commission has started consulting on what it should say. It affects future EU HIV spending decisions.

The policy is for use by European member states, countries which are in the process of joining the EU, and is of interest to neighbouring countries such as Norway and Switzerland. The current policy was for 2006-2009.

As a starter, the EU HIV/AIDS Civil Society Forum held a brainstorm early November on the strengths and weaknesses of the current policy, as well as the key issues that civil society will advocate to get included in the new policy. The report of this meeting of the Civil Society Forum will become available soon.
 

AIDS Action Europe and EATG, as co-chairs of the Civil Society Forum, will develop a strategy to ensure meaningful and wide consultation and involvement of civil society in the development of the new policy. A first draft of the policy is expected February 2009. At that time, AIDS Action Europe and Civil Society Forum members as well as European networks will be invited to participate in this consultation round. The new Communication needs to be approved by all EU Commissioners in September 2009.

Dull maybe, but it brings money

The new European policy is perhaps dull to many people but it does set out a framework for European HIV programmes and funding. Follow developments at Aids Action Europe