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Russia court grants child custody to HIV-positive woman

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] A Russian court on Monday awarded an HIV-positive woman custody of her younger brother. Svetlana Izambayeva sought custody rights in February after her mother's death left the boy orphaned, but was denied by a city court because of her HIV status. On appeal, the Supreme Court of the Republic of Tatarstan overruled the lower court decision. Human rights groups following the case had called the lower court decision unfair and alleged widespread discrimination against people with HIV in Russia. Monday's court decision could set an important precedent in Russia. As many HIV-positive Russians claim to experience discrimination from people who do not understand HIV/AIDS, the government and other groups continue to make an effort to raise awareness and educate the public. According to the Joint United Nations Programme on HIV/AIDS (UNAIDS), there are more than 900,000 people living with HIV in Russia. Efforts to alleviate discrimination also continue in other countries. Earlier this month, the US Centers for Disease Control and Prevention removed HIV from its list of communicable diseases of public significance, ending a 22-year-old policy prohibiting people with HIV or AIDS from entering the country. In 2008, an Indian court awarded custody to an HIV-positive woman after her in-laws refused to turn over the child.

Full post as published by JURIST - The Paper Chase on January 26, 2010 (boomark / email).