n Law, Democracy & Development - A summary of some cases on HIV/AIDS : case note

Volume 5, Issue 2
  • ISSN : 1028-1053
  • E-ISSN: 2077-4907



This case is about the right of persons living with HIV/AIDS not to be discriminated against when applying for employment. The case is particularly important because of the high incidence of HIV/AIDS on the African continent. It is reported that sub-Saharan Africa accounts for over 70% of the world-wide incidence of HIV/AIDS. With the potential problems of dealing with workers living with HIV/AIDS in terms of chronic illness resulting in absenteeism and low productivity, it is not surprising that employers should be reluctant to employ HIV-positive applicants and tend to exclude such applicants through pre-employment testing for HlV/AIDS. This case, however, emphasises that access to employment for HIV-positive persons is a matter of human rights, in particular the right not to be discriminated against unfairly and the right to human dignity. It should be instructive for other jurisdictions in Africa and elsewhere.

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