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Protecting Labour Rights in the Epidemic

Prevent HIV , Protect Human Rights at Work. Protecting Labour Rights in the Epidemic. Anna Torriente , ILOAIDS International Labour Organization. After 30 years of the epidemic…. Stigma and discrimination in employment and occupation remains widespread

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Protecting Labour Rights in the Epidemic

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  1. PreventHIV, ProtectHumanRightsatWork Protecting Labour Rights in the Epidemic Anna Torriente, ILOAIDS International Labour Organization

  2. 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

  3. 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

  4. International and regional instruments In addition to national law, courts have relied on: • United Nations instruments • International labour standards • Regional instruments • Codes and guidelines

  5. 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)

  6. Access to employment or occupation • Suspected HIV status or disability Guigère v. Popeye Restaurant, Case No. 2008, HRT02, 17 January 2008 • Denial of access to employment Hoffman v. South African Airways, Case No. CCT 17/00, 28 September 2000 • Denial of access to specific occupations Doe v. City of New York, 15 F. 3rd 264, 28 January 1994

  7. Terms and Conditions of Employment • Equal remuneration • Reasonable accommodation • Access to social security and social protection • Access to insurance

  8. Unfair dismissal • IB v. Greece, European Court of Human Rights, Application No. 552/10, 3 October 2013 • Edson OsórioLeites v. Sociedade de ÔnibusGaucha, 22 June 2011 and Adriana Ricardo da Rosa v. Sociedade de Ônibus Porto Alegrense Ltda. (SOPAL), 3 August 2011

  9. 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

  10. Migrant Workers Sex Workers LGBT Workers Key groups Children and young persons Workers in high risk occupations

  11. 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

  12. Prevent HIV, ProtectHumanRightsatWork Thank you www.ilo.org/aids www.ilo.org/legislation

  13. Prevent HIV, ProtectHumanRightsatWork CASE STUDY Veronica MuthioKioka v. Catholic University of Eastern Africa, Industrial Court of Kenya at Nairobi, Case No. 1161 of 2010 8 November 2013

  14. 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.

  15. 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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