Combatting the stigmatization of HIV and other medical conditions

December 12, 2023 - Defence Stories

CANFORGEN 006/23 CMP 005/23 - Use and Disclosure of Personal Health Information (accessible only on the National Defence network) was released on 18 January 2023. This CANFORGEN supersedes CANFORGEN 039/08 CMP 018/08 - Disclosure of Medical/Social Work Info to Commanding Officers. This modernized CANFORGEN adheres to the fundamental principles of professional conduct and culture change by providing clarity regarding the privacy rights of our members and the responsibilities of the chain of command to support an individual’s medical employment limitations (MEL).

It is crucial that all Canadian Armed Forces (CAF) members, both the leadership and the rank and file, read this CANFORGEN and adhere to its directions. Fulfilling these responsibilities helps maintain members’ confidence in our health care system and CAF leadership. Making decisions affecting a member that are not in accordance with their MEL, or the unauthorized release of personal health information (PHI) could be at odds with the CAF’s legal obligations. As stated in CANFORGEN 006/23, “Non-compliance with this CANFORGEN could potentially amount to discrimination under the [Canadian Human Rights Act];” and “It is important to note that a member’s personal information including PHI cannot be disclosed without consent except in specific and limited circumstances as found in subsection 8(2) of [the Privacy Act].”

In an effort to combat the stigmatization of Human Immunodeficiency Virus (HIV) and other medical conditions, the Director External Review (DER), which deals with human rights complaints on behalf of the CAF, has created an intranet page to provide the facts about those living with HIV (accessible only on the National Defence network). Although this page is about HIV specifically, the advice it provides about reducing stigmas can be applicable to any illness.

If the chain of command becomes aware of a member’s illness diagnosis for any reason, it is imperative that they continue to treat the member with respect and that all decisions concerning the member’s limitations be based on the member’s MEL, not preconceived and erroneous ideas about the illness. If the chain of command has questions and/or concerns about the MEL, they should seek the expertise of the health practitioners in the Health Services Group for clarification.

All CAF members, and our leadership especially, must have the courage to put aside their fears, biases, and personal opinions and focus on facts to provide all of our members with the dignity and consideration they deserve.