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Human rights
The ILO Code of Practice on HIV/AIDS and the world of work sets out ten key principles that protect rights and guide the workplace response: they include non-discrimination, confidentiality, gender equality, a safe and healthy work environment, continuation of employment, and the right not to undergo compulsory HIV testing.
KEY POINTS
- • The ILO and its partners in UNAIDS take a rights-based approach to HIV/AIDS.
- • Human rights are entitlements which come to all individuals because they are human. National and international instruments - conventions, treaties, codes and laws - do not create rights, but recognize and protect them.
- • The best way to respond to the human rights implications of HIV/AIDS is to develop policies at national and enterprise levels that set out the rights of workers who are infected and/or affected by HIV/AIDS.
- • Education is essential to help co-workers understand the rights and the needs of those affected.
- • Non-discrimination is a fundamental human right, and it also reinforces prevention in very practical ways. If people fear the possibility of discrimination, they will probably conceal the fact that they are HIV-positive. They will not be able to get any treatment. It is possible that they will pass on the infection to others.
- • All successful prevention initiatives have been part of a wider approach that has included establishing an atmosphere of openness and trust and taking a firm stand against discrimination.
The ILO Discrimination (Employment and Occupation) Convention, 1958 (No.111) may be used in cases of discrimination related to HIV status; other relevant instruments for the protection of rights include the Occupational Safety and Health Convention, 1981 (No.155), Termination of Employment Convention, 1982 (No.158), Social Security (Minimum Standards) Convention, 1952 (No.102), Labour Inspection Convention, 1947 (No.81).
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To be comprehensive, your workplace programmes should include a gender dimension.
Further information:
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