Research Scholar at The Tamil Nadu Dr. Ambedkar Law University, Chennai, India
The Fact Sheet of WHO 2019 on HIV/AIDS (HA) reports that about 38 million are Infected (HAI). The evolutionary patterns of the dreadful disease indicate an increase in the victimisation of innocents. Undeniably, the HA myths further stigmatise the victims. A closer examination of their sufferings reveals that the common violation denies their basic right to livelihood. The list of employment-based violations inter alia includes Unfair Treatment, Poor Employer-Employee Relationship, Discrimination amongst Peers, Non-Renewal of Work Contracts, Cheap Labour, Screening Test, Breach of Confidentiality, Termination due to HA Phobia, Undermining the Skills and Abilities, Absence of Health Services and Social Securities. Although the Convention on the Rights of Persons with Disabilities, 2006 appeals for non-discrimination of the disabled persons at work and employment (Article 27) it is HA-specific less. The International Labour Organisation (ILO), since the adoption of Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No.159) and that of the Code of Practice on HA and the World of Work, 2001 and through its follow-up Recommendation 2010, has revived the spirit of decent work and employment without discrimination for the HAI. By examining the lex specialis evolved by the ILO on HA, the author intends to examine the following: Why there is a non-liquet as to a Convention on HA? Are the ILO guidelines and recommendations on the right to decent work of HA comprehensive? How to implement the norms of ILO for the victimised HAI labour group? Methodology will be descriptive and analytical.
International Journal of Legal Science and Innovation, Volume 4, Issue 1, Page 132 - 141DOI: https://doij.org/10.10000/IJLSI.111256
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