Employees rights and HIV/AIDS

Abstract

HIV/AIDS has infected and affected people from all walks of life in their everyday activities. It is also true that since it was discovered scientist have worked tirelessly to try and find a cure. Meanwhile society's response to this pandemic, has been stigma, discrimination and in some societies exposure or branding, or rejection. Despite the rights to equality, dignity, and privacy, those infected by the virus, found it hard to fit into society after the status was revealed, especially at their work places. Upon independence, one of the key issues that were addressed after a long and brutal period of the apartheid regime's labour system was the rights pertaining to all workers. Hence article 95 of the Namibian Constitution 11 `The State shall actively promote and maintain the welfare of the people by adopting, inter alia, policies aimed at the following:.... enactment of legislation to ensure that the health and strength of the workers...''. advocated and emphasised on the importance of these rights, as well as the need for government to make provision for them. Although the constitution does not clearly state the legal standing with regards to the rights of employees who are infected of affected by the pandemic as it was, the law currently applicable in this respect is the Labour Act 11 of 2007 as well as the National Policy on HIV/AIDS.This write up is aimed at highlighting the legal standing with regards to the rights of Namibian employees as far as HIV/AIDS is concerned. The paper will also critically analyse the right to dignity; the right to privacy; as well as the right to non discrimination in relation to employees who are affected and infected by HIV/AIDS. The study will further look at the implementation of the policies and relevant legislative provisions, in an attempt to ascertain the rights guaranteed to employees who are infected with HIV/AIDS, assessing the usefulness of these provisions in their endeavour to entrench basic labour rights and protections as well as to eradicate unfair labour practise