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Protecting Labour Rights in the Epidemic
Anna Torriente, ILOAIDS
International Labour Organization
Prevent HIV, Protect Human Rights at Work
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After 30 years of the epidemic…
Stigma and discrimination in employment and occupation remains widespread
One third of PLHIV have experienced loss of employment and half report experiencing some type of discrimination
Members of key populations experience increased discrimination
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Human rights violations at work
Denial of access to employment
Mandatory testing or screening
Breaches of privacy and confidentiality
Discriminatory terms and conditions of work
Discrimination in access to social protection
Unfair dismissal
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International and regional instruments
In addition to national law, courts have relied on:
United Nations instruments
International labour standards
Regional instruments
Codes and guidelines
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Protections against stigma and discrimination
There should be no discrimination against or stigmatization of workers … on the ground of real or perceived HIV status or the fact that they belong to regions of the world or segments of the population perceived to be at greater risk of or more vulnerable to HIV infection…..
ILO HIV and AIDS Recommendation, 2010 (No. 200), paragraph 3 c)
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Access to employment or occupation
Suspected HIV status or disabilityGuigère v. Popeye Restaurant, Case No. 2008, HRT02, 17 January 2008
Denial of access to employmentHoffman v. South African Airways, Case No. CCT 17/00, 28 September 2000
Denial of access to specific occupationsDoe v. City of New York, 15 F. 3rd 264, 28 January 1994
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Terms and Conditions of Employment
Equal remuneration
Reasonable accommodation
Access to social security and social
protection
Access to insurance
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Unfair dismissal
IB v. Greece, European Court of Human Rights, Application No. 552/10, 3 October 2013
Edson Osório Leites v. Sociedade de Ônibus Gaucha, 22 June 2011 and Adriana Ricardo da Rosa v. Sociedade de Ônibus Porto Alegrense Ltda. (SOPAL), 3 August 2011
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Gender Equality
Recommendation No. 200 calls for workplace measures to:
Ensure gender equality and women’s empowerment
Ensure the prevention and prohibition of harassment and violence in the workplace
Promote the active participation of men and women in the HIV response, regardless of sexual orientation
Promote protection of sexual and reproductive rights
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Key groups
Migrant Workers
Workers in high risk occupations
Sex Workers
Children and young persons
LGBT Workers
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Impact of Recommendation No. 200
Integrated into more than 50 national HIV and AIDS workplace policies and programmes
2011 Political Declaration has recognized the guidance provided by ILS, particularly the Recommendation
Used as a source of law in at least eight court decisions
Its key principles incorporated into national codes and legislation
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Thank you
www.ilo.org/aids www.ilo.org/legislation
Prevent HIV, Protect Human Rights at Work
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CASE STUDY
Veronica Muthio Kioka v. Catholic University of Eastern Africa, Industrial Court of Kenya at Nairobi, Case No. 1161 of 2010 8 November 2013
Prevent HIV, Protect Human Rights at Work
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The complainant was hired by the respondent university as a telephone operator in 2000. Her terms and conditions of employment were different from those of her two male colleagues who occupied comparable positions. She did not receive an on-going contract, nor did she receive any allowances in addition to her salary.
After a period of three years, the complainant applied for a permanent position in a different department. She was notified that before she could be appointed, she would have to pass a medical examination. She presented herself at the university clinic. The physician did not inform her that she would be tested for HIV. When she tested positive, she was not appointed. She remained in the same post.
Five years later, the complainant became pregnant. During the three months of her maternity leave, she received no salary, contrary to national law. Six months after returning to her job, her contract came to an end and was not renewed.
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Questions for discussion
What labour rights issues are raised in this case?
What elements would you take into consideration in resolving the complaint?
On what sources of law (international, national and/or regional) would you rely?
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