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The Chilean Supreme Court accepted a legal appeal filed by journalist and LGBTQ+ activist Víctor Hugo Robles against a Ministry of Health campaign that criminalizes people living with HIV/AIDS. “ The video broadcast stigmatizes people living with HIV, fostering discrimination and social ostracism, which clearly affects their mental well-being, ” the lawsuit argues.

“Several articles of the AIDS Law have been disregarded and violated. The obligation to disseminate and promote the rights of people living with HIV has been ignored, and instead, a campaign is being carried out that undermines the dignity of these individuals, stigmatizes them, and fosters discrimination against them,” says the activist who filed the complaint against the Minister of Health, Emilio Santelices. He dubbed the campaign the “HIV campaign of terror.”

On January 7, the Santiago Court of Appeals had rejected the appeal in the first instance. But then, the community HIV/AIDS activist known as “Che of the Gays”—represented by health law specialist Esteban Arévalo—appealed to the Supreme Court of Justice. The Supreme Court ordered the Court of Appeals to hear the appeal.

In his arguments, he considered valid the appeal's argument that the contents of the campaign "may constitute a violation of the guarantees indicated in article 20 of the Political Constitution of the Republic."

“Discrimination and criminalization by the State of Chile is illegal and ethically reprehensible because it is precisely the officials and public institutions that are obligated to respect the AIDS Law that establishes non-discrimination against people living with HIV/AIDS,” emphasizes the activist, who also collaborates with Presentes.

The legal action states that “on December 30, 2018, the Ministry of Health made public a video, which is part of a campaign within the framework of the HIV/AIDS problem (…) it immediately caused hundreds of reactions criticizing in various ways the “discriminatory” tone of the video and its “police” message , which was widely covered by the national press (…)

This video, issued and disseminated by the respondent, in addition to directly affecting the appellant, who is a person living with HIV, has caused outrage, uproar, and widespread criticism in public opinion, including the Medical Association.”

The appeal states that “the broadcast and dissemination of the video as part of a campaign regarding HIV/AIDS” violates Law 19.779, known as the “AIDS Law,” because “it has not been developed, implemented, or evaluated with the participation of the community. It also fails to incorporate the latest scientific research or consider the national epidemiological situation,” it asserts.

Furthermore, explains activist Víctor Hugo Robles, it violates Article 3 of the “AIDS Law” which states that “the State will take the necessary actions to inform the population about the human immunodeficiency virus (…) disseminate and promote the rights and responsibilities of carriers and patients.”

Therefore, the lawsuit states, the campaign “deprives the plaintiff and thousands of inhabitants of the Republic, who live with HIV, of the legitimate exercise of the right to psychological integrity, a right recognized and guaranteed in article 19 No. 1 of our Fundamental Charter.”

According to the activist and journalist, "the Supreme Court's decision obliges the Ministry of Health to report on the (lack of) reasons for the development of a campaign questioned by social organizations, medical corporations and parliamentarians committed to the matter."