This collection contains national legislation and policies adopted by ILO member States relevant to the issue of HIV/AIDS and the world of work. The entry for each member State provides a section on legislation, which encompasses a wide range of legislative texts, such as constitutional law, public health, discrimination/equality, labour, occupational safety and health, etc. There is also a section for each member State containing national policies and strategies, as well as a range of documents adopted by governments, employers’ organizations, workers’ organizations, business coalitions, as well as relevant policy and strategy documents drafted by civil society associations and networks, such as networks of persons living with HIV (PLHIV).
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National legislation and policies related to HIV/AIDS and the world of work
Asia and the Pacific
Europe and Central Asia
The inclusion of a text in this collection does not signify responsibility for, or approval of, its content on the part of the ILO. Nor does any reference in a text to the ILO Code of practice on HIV/AIDS and the world of work or other international labour standard signify that its provisions are in conformity with the principles set out in the ILO Code of practice, or with any other ILO instrument. The ILO expressly disclaims any liability for any omission, error of translation, typing error or any other act or omission that may have occurred in the process of reproducing these texts.
01 January 2010
The appellant, a sex worker, alleged that she had been unfairly terminated from her employment in a massage parlour.
20 July 2009
The applicant alleged that her employer terminated her employment while she was on maternity leave on the basis that she could no longer carry out the duties attached to her position.
01 January 2009
The applicant alleged that he had been subjected to unfair discrimination due to his gender identity. He claimed that the respondent employer had unfairly terminated his employment once the applicant had informed the employer of his intention to undergo a gender-reassignment process (sex change) from male to female.
01 January 2008
The applicant alleged that her employment was terminated by her employer on the basis that her common-law spouse was HIV positive.
01 January 2005
The petitioner alleged that he had been denied training for the post of stipendiary cadet trainee sub-inspector of police (civil) on the basis of his HIV status.
22 November 2004
The applicant alleged unfair dismissal on the basis of his HIV status. He sought compensatory damages and reinstatement.
28 March 2004
The applicant alleged that his employment was terminated by his employer on the basis of his HIV status.
01 January 2004
The applicants were prisoners awaiting their trial. They sought a declaratory judgment, alleging that their continuous detention, and t segregation and discrimination on the basis of their HIV status, was a violation of their constitutional right to dignity. The applicants sought a declaration that, as confirmed HIV/AIDS patients, they had a right to proper medical treatment while in prison custody. In addition, they sought a declaration that prison authorities had violated their fundamental rights under the Nigerian Constitution and the African Charter of Human and Peoples’ Rights and a declaratory order instructing the authorities to relocate them to designated government-owned hospitals for proper medical treatment.
19 December 2003
The applicant alleged that her employer excluded her from employment after she refused to undergo an HIV test.
01 March 2002
The appellants, the Government of South Africa, applied for leave to file an urgent appeal against an interim order of execution from the High Court in Pretoria, ordering the government to make the drug Nevirapine available to mothers and their new-borns in certain public health facilities.