HIV - AIDS POLICY
   
 

PREAMBLE

It is scientifically accepted that the Human Immunodeficiency Virus (HIV) knows no social, gender or racial boundaries, but that socio-economic circumstances do influence disease patterns. HIV thrives in environments of poverty, rapid urbanisation, violence and destabilisation. The fundamental principal is that HIV and AIDS should be treated like other comparable life-threatening diseases. There is a need to create a new dispensation in which all employees within the department will enjoy and exercise their fundamental rights and freedoms. The Justice Department, through this policy document, commits itself to ensure equal opportunities in the department.

INTRODUCTION

The Department of Justice recognises that in South Africa racial oppression, economic hardship and poverty have all contributed to the AIDS epidemic which affects millions of our citizens. Because of ignorance about HIV and prejudice, people living with HIV/AIDS face discrimination in all aspects of their lives, and this discrimination makes it even more difficult for the government to reduce the rate of HIV transmission in society. The human rights and dignity of HIV-infected persons, including persons with AIDS, and workers with HIV-infection who are healthy should be treated the same as any other workers. Employees with HIV/AIDS want to continue working, which enhances their physical and mental well-being and should be enabled to contribute their creativity and productivity in a supportive occupational setting.

HIV AS A DISABILITY

In the United States, HIV infection is regarded by the law as a disability, and statutes such as the Americans with Disabilities Act (ADA) have been enacted that protect persons with HIV from discrimination, most prominently in terms of access to public and private employment. In a South African Supreme Court of Labour Court defines HIV as a disability, statutes such as the Constitution and the Labour Relation Act (LRA), will have the same effect as the ADA.

EMPLOYMENT

Employees need to be empowered with the necessary knowledge and skills on how to threat and relate with HIV-infected employees.

PURPOSE

To achieve employment equity and to protect the human rights and dignity of HIV-Infected employees and employees with AIDS, and to avoid discriminatory action against and stigmatisation of them in the provision of employment.

THE DEPARTMENT OF JUSTICE IS COMMITTED TO:

  • promoting equality, freedom, fairness and respect for human rights

  • ensuring equality in and before the law for all persons without discrimination

  • treating staff equitably and ensuring the development of an affirming work environment with career advancement possibilities for all regardless of race, gender, sexual orientation, status, cultural background, political affiliation, religious affiliation or disability, etc.

  • implementing the equality provision in the Constitution in all areas of social justice.

FOR THESE REASONS THE DEPARTMENT IS COMMITTED TO A PROCESS OF:

  • non-discrimination, equal opportunities and equal access for employees with HIV

  • ensuring non-discrimination against people with HIV in the administration of justice

  • respecting the right to confidentiality of staff suffering from HIV and AIDS

  • developing resources and education programmes for all employees on how to prevent HIV infection, as well as distribution of condoms

  • creating a working environment that is supportive, sensitive and responsive to employees with HIV

  • not using HIV status as a consideration in decisions concerning the employment, promotion or training career pathing etc. of any staff member

  • protection for people/staff infected with HIV/AIDS

  • ensuring that the same benefits be provided to all employees

  • ensuring the employees with HIV/AIDS have the same rights and duties as other employees

  • setting mechanisms to deal with grievances and conflicts relating to HIV/AIDS

  • fairness to all employees and to empower them so that they can help to strengthen the justice system.

ACTION PLANS AND PROGRAMMES

Action plans and programmes will be designed around the areas of sensitising its staff, then to be supportive and finally responsive to the needs of the department. Programmes must be implemented before HIV-related questions arise in the workplace.

BUDGET/RESOURCES

The Department of Justice commits itself in making the resources available to ensure that the policy will be implemented.

GLOSSARY

DISABLED

As defined by the World Health Organisation. The UN Standard Rules on the Equalisation of Opportunities for Persons with Disabilities differentiate between a disability and a handicap. They suggest that people may be disabled by physical, intellectual or sensory impairment, medical conditions or mental illness which may be permanent or transitory in nature. The term "handicap" means a loss or limitation of opportunities to take part in the life of the community on an equal level with others. It describes the encounter between the person with a disability and the environment.

EMPOWERMENT

Providing people with the necessary tools and skills enabling them to do their jobs effectively.

MANAGEMENT

To be seen broadly and to include supervisors.

REPRESENTIVITY

Broadly representative of the South African community.

HIV/AIDS

Are used according to medical and scientific definitions that have been developed by the Centre for Disease Control (CDC) in the USA, the World Health Organisation (WHO) and the International Labour Organisation (ILO).

STD

Sexually Transmitted Disease

HIV

Human Immonudeficiency Virus

AIDS

Acquired Immune Deficiency Syndrome

Issued by Department of Justice
Directorate: Employment Equity
Private Bag X81
Pretoria, 0001