• Litigating the Human Rights of People living with HIV: HIV-Related Discrimination (+)

    This publication summarizes selected cases in three thematic areas where there has been considerable litigation aimed at protecting and promoting the human rights of people living with HIV, including in the area of HIV-related discrimination. The compilation of cases in this area include:

    Canada: Court rules discrimination against HIV-positive soldier is unconstitutional

    Colombia: Constitutional Court rules that dismissal violated worker’s rights to equality, employment, privacy, health and social security

    India: Court rules against employer’s policy of refusing to hire people living with HIV

    India: Supreme Court denies right to marry for people living with HIV, then resiles from this conclusion

    Venezuela: Court upholds military policy denying active duties to personnel with HIV, but orders
    defence minister to protect privacy and health

    Namibia: Exclusion of HIV-positive man from defence force is discriminatory

    South Africa: Court prohibits HIV-based discrimination by airline

    Colombia: Constitutional Court rules military cadet school violated rights of HIV-positive student

    South Africa: Court dismisses case against school for deferring application for enrolment of
    child living with HIV

    Botswana: Employee cannot be dismissed for refusing compulsory HIV antibody test