On Tuesday, the European Court of Human Rights (ECHR) ruled in O.G. and Others v. Greece that Greece violated the right to respect for private life of HIV-positive sex workers. This violation was underpinned by Greece’s decision to impose blood tests on Greek sex workers and publicly disseminate their personal data in 2012.
This ruling by the ECHR unanimously identified two violations of Article 8 of the European Convention on Human Rights. Article 8 secures the right to respect for private and family life against interference from public authorities, excluding instances where such interference is lawful and necessary for purposes such as promoting national security, economic wellbeing or public safety.
While the initial application was filed by eleven individuals, the ECHR chose to focus on six of these, as four had passed away and one failed to maintain contact with her representatives. Of the remaining six, five raised complaints about being subjected to blood tests without their consent. For three of these applicants, the complaint was declared inadmissible by the ECHR. However, Greece was found to have violated Article 8 with respect to the two other applicants.
The six also filed complaints regarding the publication of their personal data. The ECHR dismissed one complaint as expired and another as inadmissible due to mistaken identity and potential alternative solutions. Yet, it did find cause to hold Greece accountable for violating Article 8 in the case of the four remaining complainants due to disproportionate interference.
Consequently, Greece was ordered to pay a total of 70,000 euros in non-pecuniary damages to the applicants per Article 41 of the European Convention on Human Rights. The case was initially brought forward by eleven Greek citizens who were primarily sex workers diagnosed with HIV. Following a 2012 police operation in Athens, these individuals were subjected to identity checks, medical screenings, and HIV-positive blood tests. Subsequently, they were charged with attempting to inflict serious bodily and simple harm.
In accordance with Law no. 2472/1997, a data protection regulation, a prosecutor ordered the public dissemination of their names, photographs, reasons for criminal proceedings and their HIV-positive status. This information was widely disseminated by the media.
Amidst a significant increase in HIV cases in 2012, Greece’s then Health Minister Andreas Loverdos supported the closing down of unlicensed brothels. However, the Joint United Nations Programme on HIV/AIDS (UNAIDS) expressed concern over the criminal prosecution and public disclosure of sex workers’ information. The organization called for Greece to adopt inclusive, evidence-based initiatives for making HIV services accessible.