Germany

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?No
Which groups can legally do HIV testing?
  • Any doctor/nurse (not necessarily in a specialist clinic)
  • NGO with clinical supervision
  • NGO without clinical supervision
Further comments

Only NGO's who apply rapid test are allowed to be given without supervision. 

Free HIV testing
HIV testing free to all who want it?Yes in certain places
Further commentsCosts for testing in non-anonymous settings (practitioners, clinical centers) are reimbursed by health insurance. Some public health centers may charge a fee of about 10 euro's (i.e. General Practitioner) due to health insurance needing a name to pay for the testing fees.
Is free HIV testing available?Across whole country
Further comments

Non anonymous testing can be a barrier in certain public health centers

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?No
Community testing at NGOs legal?Yes
Community/outreach event testing legal?Yes
Othergay steam baths and government run health centers called
Rapid tests used by community based testing services/initiatives?Finger blood, Saliva
Anonymity/Confidentiality of HIV testing
Anonymous testing available?Yes
If yes, please give detailsNon anonymous testing can be a barrier. Some public health centers may charge a fee of about 10 euro (i.e. General Practitioner) due to health insurance needing a name to pay for the testing fees.
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 commentshttp://www.antidiskriminierungsstelle.de/EN/Home/home_node.html
Other key populations
Needle exchange available for people who inject drugs?Yes
Further comments

Availability of needle exchange (but only available in 1 prison) is also confirmed by information available on https://www.hri.global/global-state-of-harm-reduction 

Opiate substitution therapy available?Yes
Further comments

Availability of OST is also confirmed by information available on https://www.hri.global/global-state-of-harm-reduction

According to one respondent still no medical heroin.

Are PWID (people who inject drugs) excluded from HIV treatment while actively using drugs?Yes
Further comments
Legal to sell sex?Yes
Further comments

One respondent stated that a new law is planned for 2017 which restricts sex work

For further information see http://spl.ids.ac.uk/sexworklaw  

Legal to buy sex?Yes
Further comments

Some municipalities have restricted zones called "Sperrgebiete"

For further information see http://spl.ids.ac.uk/sexworklaw  

Access to HIV Treatment
Free access to HIV treatment?Yes, for some
Further commentsOnly for documented citizens. HIV treatment is reimbursed by health insurance. There is a gap for people living with HIV without any insurance.
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?
  • Migrants
  • Only for documented citizens. HIV treatment is reimbursed by health insurance. There is a gap for people living with HIV without any insurance.

If more than one of the above populations selected, please give more information
Status
Country statusEU
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 nationalsYes but there are exceptions
If yes but exceptions, please describe

People without a health insurance will find barriers.

Legal treatment access: general non-EU migrantsYes but there are exceptions
If yes but exceptions, please describe

People without a health insurance will find barriers.

Legal treatment access: Non-EU migrants with asylum/refugee statusNo
If yes but exceptions, please describe

Only when covered by health insurance.

Legal treatment access: Non-EU migrants who are undocumentedNo
If yes but exceptions, please describe

People without a health insurance will find barriers.

Further comments
About this data
Last minor revision12 July 2016
Last major revision5 January 2017
Published19 January 2017
Data sourcesAs 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 Projekt Information (www.projektinfo.de) and CSSG (Charitable Foundation Sexuality and Health) (www.stiftung-gssg.org) and Berliner Aids-Hilfe (www.berlin-aidshilfe.de)

Barring The Way To Health - Update this information