JFJ reports alarming HIV status breach

More than 70 persons had their HIV status unlawfully disclosed between 2020 and 2023, in what human rights watchdog Jamaicans for Justice (JFJ) describes as a deeply troubling pattern of privacy violations.

In its 2024 annual report released on Friday, JFJ said these breaches have intensified the isolation and vulnerability of persons living with HIV, often exposing them to violence.

"With no specific legal penalties and the Data Protection Act ineffective in domestic settings (where 70 per cent of cases occur), JFJ called for amendments to the Domestic Violence Act (DVA) to recognise this as psychological harm and for anti-discrimination laws to protect persons living with HIV."

In one instance, the complainant--a person living with HIV--faced persistent mistreatment from a neighbour who publicly hurled derogatory insults about his status, referring to him as a "crackhead" and "b****y man." After the matter was reported to JFJ, the organisation prepared and delivered a cease-and-desist letter to the aggressor on the complainant's behalf.

In another incident, a person living with HIV was outed after a woman, identified as KR--who attended the same treatment site and support group--disclosed his HIV status to two coworkers.

According to JFJ, the absence of anti-discrimination laws in Jamaica "hinders redress for stigma and discrimination, with reliance on the constitutional right to privacy untested due to fears of increased exposure."

Meanwhile, JFJ's executive director, Mickel Jackson, expressed concern about the limited activity of the parliamentary committee tasked with reviewing the DVA. The human rights organisation had submitted recommendations urging harsher penalties for perpetrators and broader support systems for survivors.

"We note with disappointment that the joint select committee tasked with reviewing this legislation has yet to hold frequent meetings. We urge Parliament to prioritise this matter," Jackson said.