InterPress News Service (IPS) - Monday, March 2, 1998
Marlene Lewis

Mandatory testing for HIV which leads to the Acquired Immune Deficiency Syndrome (AIDS), has opened strong debates in this northern Caribbean island and have some asking about the constitutional rights of persons diagnosed with the disease.

"Mandatory testing is illegal and we are agitating through the National AIDS Committee to help employers to understand that this is a violation of the rights of individuals and as an organisation we will not keep quiet while the rights of citizens are trampled," says Ian McKnight, President of Jamaica AIDS Support (JAS).

The JAS is a non-governmental organisation which provides shelter and counselling for HIV-infected persons.

"I know of no law that compels any employer to do any such thing," adds Hugh Thompson an attorney-at-law.

"The issue raises the question of a breach of confidence and it is also a breach of human rights," continues McKnight.

According to Chapter 3, Section 16 of the Jamaica Constitution, "Every person regardless of race, place of origin, political opinion, colour, creed or sex is entitled to certain fundamental rights and freedom, including the right to life, to personal liberty, freedom of movement, freedom from inhumane treatment, enjoyment of property, freedom of conscience, freedom of speech, freedom of association, respect for private and family life and freedom from discrimination."

Persons who feel that these rights have been violated can seek redress through the courts.

The debate on the issue began following a recent survey commissioned by the National AIDS Committee (NAC), an organisation which seeks to defend the rights of HIV-infected persons. Questionnaires were administered to 16 companies comprising a work force of 1,394 persons.

It found that four companies required compulsory testing as a precondition for employment with positive testing precluding employment, says Copeland Brown, a human resource consultant who analysed the results of the survey for the NAC. The Jamaica Defence Force (JDF) is one company which requires testing for its recruits. Serving officers are also tested each year.

Since the beginning of this year two female recruits were refused entry into the JDF because they tested positive for the HIV.

However, officers who are serving in the JDF and are found to be infected are not dismissed, but according to Captain Shirley Tomlinson, are offered counselling.

Meanwhile, McKnight contends that this move by employers will mean skilled persons will be dismissed or not hired because of their HIV status when they could continue to function efficiently at the work place for several years. "If companies insist on this test then we can expect to see a fast growing number of unemployed persons out on the streets.

"The trend has been one where HIV infection has been doubling among the 25 to 35 age group which represents the more productive group within the country's labour force.

"Indications therefore are that unemployment will double if persons are denied jobs because they test positive," says McKnight.

Since the disease was first diagnosed here in 1982 some 2,430 persons have contracted it. Of this figure, 1,320 have died, 837 of whom were men and 483 women.

Some 10,000 persons have tested positive for HIV.

In the light of these findings and the decision by some employers to implement mandatory testing, the NAC is calling on government to design a national policy on AIDS and to draft legislation to protect the privacy of HIV infected persons and minimise discrimination against them.

Neville Ying, President of the Jamaica Employers Federation says while his organisation has not articulated a position on the issue, it is normal for companies to ask applicants to undergo a medical examination before they are hired.

He says it is important that companies are aware of general health conditions of employees which can assist them in making job placement decisions.

Attorney-at-law, Christopher Dunkley adds that if the test is a company regulation then the applicant, would, in effect, be consenting to taking the test once he or she accepts the terms and conditions of employment. (end/ips/lb/ml/cb/98) .

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