El Salvador:
AIDS
Activists Challenge New Law
San Salvador, Mar. 13 2002 (VOA News) -- AIDS activists in El
Salvador are challenging a provision in a new law designed to
protect the rights of people suffering from HIV-AIDS. The provision
that is causing controversy allows employers to test workers
for HIV. Advocates say the provision will open the door to discrimination
in the workplace. The International Labor Organization says
it knows of no other country with such a law.
Painted
in large black letters on the green wall of Donald's barber
shop, in one of San Salvador's largest shopping malls, is
a sign informing customers that all the barbers here are screened
regularly for HIV.
Shop manager
Carlos Quiej says the management has had the policy in place
for years. He says it is for the customers' safety.
Mr. Quiej
says clients have a right to safety, and that they want to
come to a safe place, where they will not be infected with
anything. He says some people say they come to the shop because
of this policy.
AIDS activists
fear that the practice of screening employees for HIV will
become more widespread, since the adoption late last year
of an AIDS law. A provision in the law permits employers to
screen current and prospective employees for HIV. Activists
maintain this article will contribute to workplace discrimination
against the estimated 20,000 Salvadorans thought to be infected
with the virus.
Alexia
Alvarado is a lawyer for a group of social organizations attempting
to challenge the controversial article.
Ms. Alvarado
says, while testing happened in the past, it was a debatable
practice, but now it is protected by law. She says that it
will be difficult for those with HIV to find a job in an already
difficult labor market.
The law
specifies that employers cannot fire someone because they
are HIV positive, but Ms. Alvarado does not believe that this
provision offers sufficient protection to those infected with
HIV. She adds that employers will simply use other excuses
to fire people with HIV.
The International
Labor Organization's Code of Practice on HIV-AIDS and the
workplace says testing should not be required as a condition
of employment. While workplace testing does occur in other
parts of the world, the ILO says it knows of no other country
where it is sanctioned by law.
Proponents
of the provision say it is intended to improve workplace safety.
Representative Norman Quijano is a member of the legislature's
health committee, which wrote the controversial article. He
says he was elected to defend the rights of all Salvadorans,
not just those who are HIV positive. He says that the law
will not promote firing those with HIV.
Experts
say the risk of becoming infected with HIV in the workplace
is minimal.
Alex Gutierrez
is HIV-positive and unemployed. He says he is thinking of
trying to go to the United States. He says he had thought
he might find work before, but that since the law was passed,
he has little hope.
Activists
have already filed suit in the country's supreme court, alleging
the testing provision constitutes a violation of privacy.
More suits are planned, alleging discrimination. Activists
are also negotiating with legislators for the provision to
be repealed.
-- Catherine
Elton - Voice of America in San Salvador
--
Reprinted with the permission of Voice of America
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