and implicit actions, by the person concerned. Coded or implicit actions may include disclosure that allows for the communication of a person’s health status in a manner other than direct verbal dialogue. States must ensure that all forms of disclosure are recognised. 19. While disclosure should be encouraged, there should be no requirement to reveal one’s HIV status or other information related to one’s health status. In the context of HIV, healthcare workers should be authorised, without being obliged to, decide, depending on the nature of the case and according to ethical considerations, whether to inform a patient’s sexual partners of his or her HIV positive status. Such a decision should be made in line with international standards, in accordance with the following principles:[5] i. The HIV-positive person in question has been thoroughly counselled; ii. Counselling of the HIV-positive person has failed to achieve appropriate behavioural changes; iii. The HIV-positive person has refused to notify, or consent to the notification of his/her partner(s); iv. A real risk of HIV transmission to the partner(s) exists; v. The HIV positive person is given reasonable advance notice; vi. The identity of the person is not revealed to the partner (s), if practicable, otherwise identity is revealed; vii. Follow-up is provided to ensure support to those involved, as necessary; and viii. The person providing HIV treatment, care, or counselling services has ensured that the person living with HIV is not at risk of physical violence resulting from the notification. The revealing of a person’s health status by a third party outside the ambit of the above mentioned guidelines is unlawful and may lead to penal sanctions. General State Obligations: Respect, protect, promote and fulfil 20. Article 14 (1) (d) and (e), like any other human rights provision, imposes four sets of general obligations on States Parties namely to respect, protect, promote and fulfil. 21. The obligation to respect in relation to Article 14 (1) (d) & (e) requires States to refrain from interfering directly or indirectly with the rights to self-protection, to be protected, and the right to be informed on one’s health status and the health status of one’s partner. 2 2 . The obligation to protect in relation to Article 14 (1) (d) and (e) requires States to take measures that prevent third parties from interfering with these rights. Special attention, in the implementation of this obligation, should be given to action by third parties that may impact on the right to sexual and reproductive health of all women, including those mentioned under paragraph 14 above. 23. The obligation to promote in relation to Article 14 (1) (d) and (e) requires States to create the legal, social and economic conditions that enable women to exercise their rights in relation to sexual and reproductive health. This involves engaging in sensitisation activities, community mobilisation, training of healthcare workers, religious, traditional and political leaders on the importance of the right to protection and to be informed on one’s status and that of one’s partner. 24. The obligation to fulfil in relation to Article 14 (1) (d) and (e) requires States to adopt all the necessary measures, including allocation of adequate resources for the full realisation of the right to self-protection and to be protected and the right to be informed on one’s health status and the health status of one’s partner. Specific State Obligations 25. The right to self-protection and to be protected against sexually transmitted infections, including HIV in Article 14 (1) (d) of the Protocol entails the following:

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