Banco Galicia is violating Argentina's AIDS law, which guarantees confidentiality regarding personal information, and Banco Supervielle denied two mortgage loans to people living with HIV. These are not isolated cases, but they rarely receive attention. Due to issues like these, as well as complaints about labor and healthcare systems, Fundación Huésped receives approximately 2,700 complaints annually. By Lucas Gutiérrez. Being HIV-positive is not an impediment to obtaining a loan; science, the law, and everyday life confirm this. However, Banco Galicia asks about serological status in the health declaration form, and Banco Supervielle rejected two loan applications from HIV-positive individuals. Fundación Huésped is supporting those affected with legal action. Banks and insurance companies remain unresponsive. "Have you been diagnosed with Acquired Immune Deficiency Syndrome (AIDS), the complex of diseases derived from AIDS, or have you had tests indicating exposure to the virus (HIV positive)?" This question is part of the health declaration that anyone wishing to apply for a mortgage at Banco Galicia must complete. In doing so, Banco Galicia is violating Argentina's AIDS law, which guarantees confidentiality regarding this information. It also violates the principle of voluntariness, as it leaves no room for choice: failure to answer constitutes non-compliance with the requirements of the form. This came to light thanks to lawyer Gastón Llopart, who publicly denounced the case, and journalists like Franco Torchia, who shared the form. "The investigation revealed that the problems faced by HIV-positive individuals are not being adequately addressed by the State in terms of both the creation and implementation of public policies, as well as the glaring shortcomings of oversight bodies and organizations that defend the rights of the HIV-positive community," Llopart told Presentes .

Reviewing forms

Resolution 37275 of the National Superintendency of Insurance, dated November 2012, states that a patient living with HIV cannot be excluded from personal insurance plans. This is based on the understanding that a person living with HIV and undergoing treatment has the same life expectancy as someone who is HIV-negative. Currently, Banco Galicia's only response is that the Health Affidavit it requests only asks for information necessary to generate the life insurance policy associated with the mortgage loan. They claim they are reviewing their forms to ensure compliance with current regulations. For a bank to grant a loan, depending on the amount requested, it is likely that the institution will require a health affidavit like the one Banco Galicia is requesting, or that the beneficiary will need to obtain life insurance. If the insurance company rejects the policy, the bank denies the loan.

Banco Supervielle denied two loans to people with HIV

In July of this year The newspaper La Nación reported two cases of clients whose loan applications had been rejected because they tested positive for HIV. The note didn't specify which banks were involved but explained that the situation was in legal proceedings with the support of Fundación Huésped. Manuel, a pseudonym used by the complainant, had his loan approved in January. In February, he had to apply for the life insurance required by the bank and undergo medical checkups. Among these was an HIV test, which Manuel refused, and the insurance was not granted. The bank then decided not to give him the loan. Manuel took the test results to his personal physician, who confirmed they were fine. With this information, he went to the bank's headquarters, and the response was a letter. "They told me it's normal for the insurance company's doctor to reject the life insurance because they conduct an objective analysis, while my doctor was making a subjective interpretation," he explained at the time to the newspaper La Nación. After midnight on August 8, Leandro Cahn, Communications Director of Fundación Huésped, in a radio interview with journalist Franco Torchia He confirmed that the bank in question was Banco Supervielle. In February of this year, Supervielle also reversed an approved loan because the applicant tested positive for HIV. Diego, a pseudonym for legal reasons, received loan approval and agreed to undergo the tests required for life insurance. These tests revealed his HIV-positive status, and the loan was denied. Both cases are currently being supported by Fundación Huésped for legal action.

Taking advantage of the stigma

Romina Cavallo, coordinator of the Direct Assistance program at Fundación Huésped, explains the procedure: “As in all cases, we sent a letter to the bank and a letter to the insurance company informing them that they were violating the resolution and that they should refrain from continuing to commit discriminatory acts.” Cavallo explains that the insurance company that rejected the policy was HDI SA. Likewise, the lawsuit was only filed against Banco Supervielle, since it is with this bank that the contractual relationship exists and which subsequently rejected the loan. PRESENTES contacted the insurance company HDI but has not yet received a response regarding the claims made by Fundación Huésped. “Sometimes it is difficult to prove that what happened is related to the virus,” Cavallo explains, but details that in Manuel's case, there is an exchange of emails that serves as objective evidence. “Banco Supervielle responded with a formal letter denying everything,” she says. Currently, both cases have not reached an agreement in mediation and are proceeding to trial. “People end up not filing complaints or reports because they don’t want the situation to be publicized, which is why most cases go unreported,” says Cavallo. The Foundation receives approximately 2,700 complaints annually regarding issues like this, but mostly related to labor and the healthcare system.

The law that exists, the law that is missing

Argentina's current AIDS law was passed in 1990. While progressive, it was enacted at a time when the virus was deadly. A new bill has received a favorable opinion in the Health Committee of the Chamber of Deputies and is now moving to the two remaining committees. Matías Muñoz, national coordinator of the Argentine Network of Positive Youth and Adolescents (RAJAP), explains: “The bill proposes creating an observatory on stigma and discrimination within the executive branch. This will obligate the State to conduct research and monitor these situations so that specific public policies can be implemented, not only for punishment, but also for inclusion and improved coexistence.” Fundación Huésped reports that Banco Galicia has contacted them to request a meeting to evaluate their current policy. They also stated: “We are convening a working group with INADI (National Institute Against Discrimination, Xenophobia and Racism), the Consumer Protection Agency, and the National Superintendency of Insurance to develop strategies to prevent these cases.” Meanwhile, the two lawsuits against Supervielle are ongoing.