PANOS London - Thursday, October 22, 1998
Alicia Yolanda Reyes

So when he was told that a requirement for changing his employment status was a series of medical examinations, Alfonso underwent them cheerfully. "My health could not have been better, so I was not worried," says Alfonso.

But something about his colleagues' attitudes towards him bothered Alfonso -- some were querying him about his sexual orientation and state of health. Then the company secretary told him that some "problems" had cropped up and that the doctor wanted to carry out more tests.

"They sent me to the capital where they did some blood tests, asked me about my sexual life, and enquired whether I had had any transfusions. But no-one properly explained what was happening," Alfonso recalls.

He should have smelt a rat. But it was left to Alfonso's sister, who worked in the same company, to break the news. "Is it true you have AIDS?" she asked. Alfonso's initial tests had included -- without his knowledge -- an HIV test. And before he himself learnt about it, the positive result had become an open secret at work.

Finally, the company told him that he had the virus which causes AIDS and that he could not continue working for it -- far less be given a permanent job. However, according to Patricia Campos of the Jalisco State Council for the Prevention and Control of HIV/AIDS (COESIDA), Mexican government regulations clearly state that living with HIV/AIDS is no reason for anyone to be refused work or dismissed from their job. The law also says tests should be voluntary and confidential.

Nonetheless, the regulations are routinely violated.

Alfonso approached the National Human Rights Commission, which awarded him a life-time pension and the right to medical treatment. Yet Alfonso is only 30 years old, in good health and considers himself fit to work.

Around 180,000 people are living with HIV/AIDS in Mexico and the majority of them are aged 15 to 49 years, according to the World Health Organisation and UNAIDS -- the AIDS branch of the United Nations.

Peter Piot, Executive Director of UNAIDS says, "It is critical that workplaces be safe and supportive, since HIV/AIDS affects most people in their most productive years."

And the World Health Organisation's guidelines for employers say that "pre-employment HIV/AIDS screening as part of the assessment of fitness to work is unnecessary and should not be required."

They also say that "confidentiality regarding all medical information, including HIV/AIDS status, must be maintained. HIV infection by itself is not associated with any limitation in fitness to work."

The approach is backed by the International Labour Organisation, a Geneva-based UN body.

There are two main reasons why companies continue to screen for HIV/AIDS, says UNAIDS' Auroita Mendoza. "They fear the economic burden of paying medical insurance and pensions to people with AIDS. And they fear being known as employers of people whose behaviour is risky, and not adhering to the social norms of the community," she says.

But in Mexico, despite clear violations of the law which states that having HIV/AIDS cannot be the reason for denying health services, rescinding a work contract or for expulsion from school, few dare to sue.

According to Pedro Avalos of Friends Preventing AIDS, the main problem is that those who are affected are unaware of their rights.

And since HIV/AIDS is closely linked to sexual behaviour -- many aspects of which are a taboo subject in Mexican society -- they avoid taking a step which might eventually place them at risk of having to discuss how they acquired the virus or of other people learning about the situation.

Jeszs Martmnez of COESIDA says that it is common for people to come looking for help when they believe their rights have been violated. "Yet once they have calmed down and returned home, few take the case further. That is why every day we hear of new violations, but there is little that we can do if those who are affected do not take it forward," he says.

One exception is a case being brought against the Civil Hospital in the city of Guadalajara which has continued in spite of delays and alleged threats against the petitioners. Two doctors who were completing their residency in the hospital were dismissed with threats and insults when it was learnt they had HIV.

The doctors submitted a complaint to the State Human Rights Commission (CEDH), but a year has passed and little has happened.

Guadelupe Morfmn Otera, CEDH president, claims that the petition will be speeded up, but the young men continue without any possibility of employment. They say they have received threats that other hospitals will be informed of their condition if the suit is not withdrawn.

"Given the number of employees and workers worldwide, it is clear that prevention programmes in the workplace and policies on HIV infection and infected workers can contribute importantly to the global response to HIV/AIDS," said Bea Bezmalinovic of the Harvard-based Global AIDS Policy Coalition.

"In many communities, business leaders are de facto leaders of public opinion," he added.

"Employees who are HIV positive should continue to work, in positions which are available and appropriate, for as long as they are medically fit," argue South African lawyers Sue Albertyn and Dan Rosengarten in their paper, 'HIV and AIDS: Some Critical Issues in Employment Law.'

"Education and educational programmes remain the answer to dealing with the question of HIV/AIDS in the workplace," they add.

* Editor: Dipankar De Sarkar. Subscribers are asked to send clippings of published features to Panos. Panos Features are also available on the Panos website: http://www.oneworld.org/panos. If you would like to receive features by email, contact Mark Covey at (END/PANOS/AYR/DDS/98)
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