Translated material
HIV-positive grandmother was allowed to become a guardian of her grandson in Krasnoyarsk
The Oktyabrsky District Court of Krasnoyarsk recognized as unlawful the decision of the district administration, which forbade her grandmother with HIV to take under the care of the grandson whose mother died. Earlier, Russians could not become guardians with this diagnosis, but the Constitutional Court of the Russian Federation recognized the ban on the adoption of children with HIV or hepatitis C.
Lawyer Vladimir Vasin , who collaborates with the human rights organization "Zone of Law", told Mediazone that in Krasnoyarsk the court recognized the refusal of the district administration illegally to give the boy under the care of an HIV-positive grandmother.
In October 2017, grandmother was allowed to take her grandson under the guardianship of the grandson (the boy’s mother died), but in March 2018, a woman was refused to be a re -order of the administration, as she found an HIV, the publication reports with reference to Vasin’s lawyer.
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The district administration that refused grandmother did not take into account many important circumstances, the lawyer noted: she did not ask the opinion of the grandson, did not recognize the opinions of experts in the field of HIV, did not take into account that her grandmother is raising a child from childhood. The regional center of AIDS also provided the conclusion that a woman regularly takes antiretroviral drugs, due to health reasons, is non -gas for others and can act as a guardian.
The grandmother went to the court, who recognized the refusal to make her the guardian of the grandson illegal and ordered the administration to re -consider the issue of custody of the child.
The Oktyabrsky District Court of Krasnoyarsk, in its decision, also referred to the decision of the Constitutional Court of Russia on a complaint of a family from the Moscow Region (then the court recognized the woman to divert the child illegal). The head of the international human rights group "Agora" Pavel Chikov called that resolution of the KS "a very serious step towards a decrease in discrimination" of people living with HIV.
“The month did not pass from the decision of the Constitutional Court on the complaint of Ramil Akhmetgaliev, as Vasin secured him in practice,” Chikov said about the court decision in Krasnoyarsk. - They worked well with tandem, convinced the judge to postpone before the decision of the Constitutional Court, and then satisfy the lawsuit. Congratulations! Close HIV-positive relatives of the children now have the right to claim custody of them. ”