KUALA LUMPUR, August 16 — The Malaysian AIDS Council (MAC) has warned against mandatory HIV testing as it could lead to more harm than good if implemented without adequate support systems, particularly within universities.
MAC vice president Dr Dinesh Mahalingam said the country’s current infrastructure is ill-equipped to support and protect students who test positive. He highlighted the importance of safeguarding sensitive information securely and cautioned against privacy breaches that could lead to stigma and discrimination.
“It should not be mandatory,” Dr Dinesh told reporters during the launch of the Positive Living Initiative by the Malaysian AIDS Foundation (MAF) and Durex on August 6. “If a student tests positive, what are you going to do? Who will know about it? Can we guarantee their information won’t be leaked to lecturers or other students?”
Dr Dinesh argued that without these guarantees, mandatory testing could create more social problems, including the potential disruption of a student’s education. “Our role should be to help these young people continue their education safely, not to put them at risk of discrimination,” he said.
His remarks respond to last month’s proposals advocating for compulsory testing for students, despite HIV testing already being mandatory for new university entrants.
In Malaysia, HIV testing is mandatory primarily for international students as part of the visa and admission process, but it is not generally required for local students, except for declaration purposes.
However, exceptions may exist for certain specialised programmes (like medical programmes) or institutions with their own health screening requirements.
Checks by CodeBlue reveal that some universities in Malaysia, particularly for international students, may restrict registration and admission for those who test positive for HIV.
Several universities classify HIV as a condition that is “contagious, difficult to manage, and requires prolonged and expensive treatment”. As a result, if a student tests positive for HIV before registration, they are deemed “not fit for registration”.
However, if HIV is detected after registration, in cases where ongoing medical evaluations or follow-ups occur, the university may allow the student to continue their studies under specific conditions: they must cover all medical expenses themselves, continue only their existing course, or may defer their studies for up to two semesters, if needed.
It is important to note that advancements in HIV treatment and prevention mean that effective management of the virus can significantly reduce the risk of transmission. The concept of U=U (“Undetectable = Untransmittable”) highlights that individuals with an undetectable viral load cannot transmit HIV to others.
In Malaysia, the confidentiality of students’ medical records is not always explicitly detailed in university communications.
While universities are required to comply with local data protection laws, such as the Personal Data Protection Act (PDPA) 2010, which governs the collection, use, and disclosure of personal data for commercial use, this commitment to confidentiality may not always be clearly stated on university websites or medical examination forms.
In contrast, universities in countries like the United Kingdom clearly outline their confidentiality practices, stating that medical information is kept strictly confidential and only shared with those directly involved in decision-making, such as college officers or disability services, when necessary. Students can specify if they do not want their information shared with certain parties when submitting their application.
Additionally, under the Equality Act 2010 in the UK, anyone diagnosed with HIV is automatically considered disabled from the day of diagnosis. This means that universities cannot discriminate against applicants based on their HIV status, and having HIV cannot be a valid reason for rejecting an applicant.
“I think MAC, MAF, and many NGOs in the country believe that HIV testing should be voluntary, not mandatory. The World Health Organization (WHO) also supports voluntary testing. We’ve discussed voluntary testing for over 10 years now, so moving towards mandatory testing is counterproductive.
“IPTs (higher education institutions) should approach this issue from a different perspective. Testing should be considered only when all necessary measures are in place. Implementing mandatory testing without addressing these barriers could jeopardise a young person’s life, future, and mental health,” Dr Dinesh said.
Malaysia Should Lower HIV Testing Age To 16
The MAC has renewed its call to lower the consent age for HIV testing from 18 to 16. Globally, many regions have already lowered the consent age for testing and treatment to 16, and in some cases, as low as 14, Dr Dinesh said.
He added that since Malaysia permits legal sex and marriage at 16, maintaining an 18-year consent age for HIV testing seems inconsistent.
“I think by lowering the consent age, we will actually see more young people get tested. Currently, young individuals who are aware of their risk often hesitate to come forward for testing due to the need for parental consent. As a result, they hilang daripada radar because they don’t want their parents to know.
“By reducing the age limit, we could help youths who are sexually active who are at risk to get tested discreetly and access treatment without having to involve their families,” Dr Dinesh said.
“I believe destigmatising HIV is key to getting more people on treatment. This is still in advocacy, and we will see how the government responds. I’m confident they are listening to our voices, but it’s a significant decision for them. Eventually, I think we will get there.”
A recent Durex Global Sex Survey (GSS) 2024 revealed troubling gaps in sexual health awareness and protection among young people.
The survey, covering 36 countries and 29,500 respondents, highlighted a significant disconnect between sexual activity and responsible practices.
In Malaysia, while 70 per cent of respondents are sexually active, only 24 per cent have purchased condoms in the past year, pointing to a critical need for better communication about sexual health and safer practices.
The survey uncovered several other alarming statistics: over half of Malaysians did not use condoms during their first sexual experience, 31.62 per cent mistakenly believe that sexually transmitted infections (STIs) cannot be contracted without penetrative sex, and 33.88 per cent are unsure about STI risks.
Additionally, 20.36 per cent are unaware that pregnancy can occur even during menstruation, and many rely on withdrawal and period tracking rather than using condoms.
