On January 7, the Court of Appeals of Santiago rejected, in the first instance, a call to protect the journalist and sexual diversity activist Víctor Hugo Robles, presented against the minister of health, Emilio Santelices, blaming the public authority from a criminal to People living with HIV / AIDS through what he called "terrorist HIV campaign".
Sponsored by the lawyer, Esteban Arévalo, the health activist, the community activist in HIV / AIDS, called "The At The Gay", appealed to a Supreme Court grant, which accepted the constitutional protection of the Court of Appeals to prosecute it.
"That the values of the disc show that in the case of corruption in the case there were mentioned facts that might be able to constitute the violation of the guarantees of those indicated in Article 20 of the Constitution of the Republic, reason why the appeal It should be accepted for processing For these considerations and the provisions of Article 20 of the Political Constitution of the Republic and the Self-Approved of this Court on the matter, the resolution of January 7, two thousand nineteen years of age is revoked, and In its place it is stated that the protection mechanism deduced is admissible, and the procedure must be given. Sign up and return, "said the Third Chamber of the Supreme Court, among others ministers Maria Eugenia Sandoval and Gloria Ana Chevesich among others.
The legal action indicates that July 30, 2018, the Ministry of Health, published a film, which is part of a campaign in the context of the HIV / AIDS problem, which our country presents. This registry has led to hundreds of reactions to users of social networks, both people living with HIV and the appellants and organizations of civil society working on the issue, criticizing the "discriminatory" tone of the video in various ways and its "police" message , which was widely gathered by the national press.
"Although the constitutional action of protection is not a popular action," adds the legal action, "it is present that this video is broadcast and disseminated by the respondent, as well as directly affecting the appellant who lives with HIV; it has caused indignation, confusion and a cross-cutting criticism in public opinion, including the Medical Association. "
Víctor Hugo Robles evaluated the decision of the Supreme Court because "the Health Ministry is obliged to inform (without) reasons for the elaboration of a campaign interrogated by social organizations, medical corporations and parliamentarians committed to the matter."
Similarly, he said: "It will allow greater participation of social organizations and take care of the preventive messages sent to the population, guaranteeing respect for Human Rights of people living with HIV / AIDS in Chile."
"Discrimination and criminalization by the state of Chile are illegal and ethically unlikely, as it is precisely public officials and institutions that must respect the Aids Act, which establishes non-discrimination for people living with HIV / AIDS," he noticed . the activist