The National Human Rights Commission of Korea has stated that refusing surgery on the grounds of human immunodeficiency virus (HIV) infection constitutes discrimination.
On April 28, the Commission announced that it had recommended that the hospital director and staff, including medical personnel who refused surgery to an HIV-positive patient, undergo job training and establish measures to prevent recurrence.
The complainant was scheduled to undergo cervical and thoracic spinal stenosis surgery at the hospital in July of last year, but was denied the procedure after it was revealed that they were HIV-positive. According to the Commission's investigation, the hospital claimed that the complainant did not require surgery. However, the medical staff had already consulted with the complainant in advance regarding the surgical method and had scheduled the procedure.
In fact, there is no need for specialized HIV personnel. According to the Korea Disease Control and Prevention Agency’s “2024 HIV/AIDS Management Guidelines,” the same protocols apply to HIV-positive patients as to the general patient population when performing surgery, and no special equipment or facilities are required.
Previously, in February, the Commission also recommended that the director of another hospital provide job training and establish measures to prevent recurrence. In that case, another complainant, who was also HIV-positive, was denied scheduled septoplasty in January of last year for the same reason. During the refund process, the hospital’s counseling manager publicly mentioned the complainant’s medical history, using terms such as “AIDS,” “infection,” and “HIV.”
A representative of the Commission stated, “This decision should serve as an opportunity to enhance human rights awareness in medical settings,” and added, “As unjust refusals of care for HIV-positive patients continue to occur, we will persist in our efforts to eliminate discrimination.”
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