France
| National policy | |
|---|---|
| National policy/strategy or official recommendations on HIV testing? | Yes |
| National policy/strategy document | |
| Who can administer HIV tests? | |
| Restrictions on who can legally administer HIV tests? | Yes |
| Which groups can legally do HIV testing? |
|
| Further comments | From the responses received it is unclear as to the restrictions which operate, if any. One respondent states that non-clinical staff can carry out tests with appropriate training. |
| Free HIV testing | |
| HIV testing free to all who want it? | Yes for all |
| Further comments | |
| Is free HIV testing available? | Across whole country |
| Further comments | |
| HIV testing restrictions | |
| HIV testing access restricted for some groups/populations? | No |
| Which groups are restricted | |
| Further comments | |
| Availability of testing in non-clinical settings | |
| Is testing available in any of the following ways? | |
| Postal HIV sampling legal? | No |
| Home HIV testing legal? | Yes |
| Community testing at NGOs legal? | Yes |
| Community/outreach event testing legal? | Yes |
| Other | |
| Rapid tests used by community based testing services/initiatives? | |
| Anonymity/Confidentiality of HIV testing | |
| Anonymous testing available? | Yes |
| If yes, please give details | At CEGGIDs (Free testing and diagnosis centres). Other centres eg. family planning offer confidential testing. Testing at AIDES is confidential (it can also be anonymous). |
| If not, why not, what sort of information is required and is there any promise of confidentiality? | |
| Discrimination & equality | |
| Legislation | |
| Legislation protecting the rights of people with HIV? | Yes |
| Further comments |
There are no anti-discrimination laws which specifically mention HIV, but as a class of individuals there are many criteria including discrimination based on health or handicap which have been held to protect people with HIV. The major protections that people with HIV can rely upon are contained in section 225 of the 'code penal' . The link to the website where this is (in French) is below For seriously ill migrants who cannot have access to a medical treatment in their home country, there are protections against deportation and a resident permit can be issued for medical reasons. This is dealt with in the section on Mobility |
| Other key populations | |
| Needle exchange available for people who inject drugs? | Yes |
| Further comments | |
| Opiate substitution therapy available? | Yes |
| Further comments | |
| Are PWID (people who inject drugs) excluded from HIV treatment while actively using drugs? | No |
| Further comments | 'There is no exclusion in the regulations, however in practice this may well be different' states one of our respondents |
| Legal to sell sex? | No |
| Further comments | From the information received and the databases consulted it seems that in 2016 a change was made to the law -
from http://spl.ids.ac.uk/sexworklaw . We are indebted to the Institute of Development Studies for this information |
| Legal to buy sex? | Yes |
| Further comments | However
there is MAJOR pressure on sex workers and laws marginalise them from actively
and passively soliciting clients. see also http://spl.ids.ac.uk/sexworklaw |
| Access to HIV Treatment | |
| Free access to HIV treatment? | Yes, for some |
| Further comments | |
| Status and access to HIV treatment and care in your country | |
| Access to HIV treatment restricted for certain populations with HIV? | Yes |
| Which groups are restricted? |
|
| If more than one of the above populations selected, please give more information | |
| Status | |
| Country status | EU |
| Mobility in Europe | |
| Do the following groups/populations have legal access to HIV treatment? (i.e provided on the same basis as citizens of the country) | |
| Legal treatment access: Other EU migrant nationals | Yes there is universal access |
| If yes but exceptions, please describe | |
| Legal treatment access: general non-EU migrants | Yes there is universal access |
| If yes but exceptions, please describe | |
| Legal treatment access: Non-EU migrants with asylum/refugee status | Yes there is universal access |
| If yes but exceptions, please describe | |
| Legal treatment access: Non-EU migrants who are undocumented | Yes but there are exceptions |
| If yes but exceptions, please describe | According to our respondent from AIDES STATE MEDICAL AID exists for all people who are on French Soil for more than three months. Thus undocumented migrants can access health care, but ONLY AFTER this period and ONLY if they have an income of less than 700 euros per month. |
| Further comments | |
| About this data | |
| Last minor revision | 30 September 2016 |
| Last major revision | 11 November 2016 |
| Published | 11 November 2016 |
| Data sources | As well as responses from in-country individuals and organisations were taken from the following sources: http://ecdc.europa.eu/en/healthtopics/aids/Pages/monitoring-dublin-declaration.aspx Sex Work Laws These included https://en.wikipedia.org/wiki/Prostitution_by_country#Europe The Global Network of Sex Work Projects www.nswp.org and country sources and http://sexualrightsdatabase.org/map/21/Adult%20sex%20work and http://spl.ids.ac.uk/sexworklaw Drug use Needle exchange information was taken from Harm Reduction International who have an interactive tool https://www.hri.global/global-state-of-harm-reduction Criminal Law http://criminalisation.gnpplus.net has useful info about the criminal law and is searchable by country as well as http://www.hivjustice.net/site/countries/ MSM http://ilga.org/what-we-do/state-sponsored-homophobia-report/ (2016) |
| Data contacts | Responses were received from AIDES |