COlaHR
 
 

THE HIV AND AIDS (ANTI-DISCRIMINATION) ACT, 2014

 
 

WHAT DOES IT PROTECTS YOU ::

The HIV and AIDS (Anti-discrimination) Act, protects people living with or affected by HIV from discrimination or differential and unfair treatment. Discrimination refers to actions and omissions that amount to arbitrary distinction, exclusion, restriction or unfair treatment affecting a person who is, or is suspected to be, living with or affected by HIV and AIDS. Discrimination can occur with respect to access to and continuation of employment, conditions of employment, employment benefits, access to health care services, education, access to and use of public facilities and other social services.

The HIV and AIDS (Anti-Discrimination) Act guarantees the following rights to people:

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Right to continue to work under normal conditions for as long as they are medically fit to do so.
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Right to keep their HIV status private and refuse to disclose it prior to accessing any public or privately delivered services, employment and any other opportunity.
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Right to be informed of the HIV status of their partner in a marriage or co-habitating relationship.
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Right to refuse to undergo an HIV test if this is set as a precondition to an offer of employment, access to public or private services or opportunities, except if such a test is permitted by a court of law in order to prevent transmission of HIV to other persons.
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Right to receive adequate counselling, give express consent prior to any HIV test and have the confidentiality of their status kept private.
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Right to have the confidentality of their HIV status kept confidential, even if they had disclosed to their employer, their fellow workers and the relevant bodies, without their explicit consent.
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Right to protection of data with respect to their health and medical record.
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Right to remain or join occupational or any other benefit schemes provided to oter employees.
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Right to benefit from reasonable support from their employer, including costs of medical tests and supply of medicines and treatment for opportunistic infections, when infection with HIV occured in the workplace.
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Right to receive compensation for HIV infection contracted in the course of employment, or in the course of the use of a public service, unless such infection is the result of willful act of self-injury or gross negligence on the part of the employee or on the part of the client.