Criminal liability of healthcare workers for discrimination against HIV patients

Abstract

The criminal liability of health personnel for discrimination against HIV patients is based on the ethical and legal duty to guarantee care without prejudice. Discrimination violates rights, such as equality, dignity, right to health, enshrined in international regulations and national frameworks, such as the Organic Comprehensive Criminal Code in Ecuador. Discrimination against HIV patients by health personnel constitutes a criminally punishable offense, as it violates patients' rights. To describe the criminal liability of health personnel for discrimination against HIV patients, from a legal and bioethical perspective. Descriptive, hermeneutic study, using the dogmatic method. Acts of discrimination have an impact by manifesting themselves in the refusal to provide treatment, low quality care or undue disclosure of the patient's health status, which represents degrading treatment. Any act of discrimination is criminally punishable by deprivation of liberty.