Www.aids2014.org Protecting Labour Rights in the Epidemic Anna Torriente, ILOAIDS International Labour Organization Prevent HIV, Protect Human Rights at.

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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?