The European Court of Human Rights (ECHR) ruled Tuesday in O.G. and Others v. Greece that Greece violated the right to respect for private life of HIV-positive sex workers. Greece imposed blood tests on Greek sex workers and publicly disseminated their personal data upon the order of a prosecutor in 2012.
The ECHR unanimously identified two violations of Article 8 of the European Convention on Human Rights. Article 8 enshrines the right to respect for private and family life. It protects interference from public authorities, except lawful and necessary acts such as that of promoting national security, economic well-being or public safety.
The ECHR struck out the application of five applicants, since four had passed away and one was not in contact with her representatives. It continued examining the application of the remaining six applicants. Five applicants submitted a complaint of imposing a blood test without consent. The ECHR declared this complaint inadmissible for three applicants and found that Greece had violated Article 8 with respect to the remaining two applicants.
Regarding the publication of personal data, six complaints were filed by the applicants. One complaint was dismissed for having expired, and another was deemed inadmissible because of mistaken identity and the possibility of alternative remedies. Four complaints were successful as the ECHR found a violation of Article 8 due to disproportionate interference by Greece.
Consequently, Greece was ordered to pay a total of 70,000 euros in non-pecuniary damages to the concerned applicants as per Article 41 of the European Convention on Human Rights.
The case involves 11 Greek nationals, primarily comprising ten prostitutes diagnosed with HIV and one applicant, the sister of a prostitute. During a 2012 police operation in Athens, Greece, the prostitutes were arrested and subjected to identity checks, medical screenings and HIV-positive blood tests. They were charged for attempting to inflict serious bodily and simple harm. Pursuant to Law no. 2472/1997, a data protection statute, a prosecutor ordered the public release of their names, photographs, reasons for criminal proceedings and HIV-positive status. This information was extensively covered by the media.
Greece’s former health minister Andreas Loverdos supported the restriction of unlicensed brothels after a significant increase in HIV cases in 2012. On May 10, 2012, the Joint United Nations Programme on HIV/AIDS (UNAIDS) expressed concern over the criminal prosecution and public disclosure of information of sex workers. The organization urged Greece to adopt inclusive, evidence-based programs for accessible HIV services.
