The Ghana HIV and AIDS Network (GHANET) has stated that authorities cannot legally use a person’s HIV status to disqualify them from joining the national security services.
The network argued that under both global human rights guidelines and local legislation, HIV status cannot be used as grounds to disqualify job seekers.
Network President Ernest Amoabin Ortsin indicated that the recent announcement by Interior Minister Muntaka Mohammed-Mubarak regarding the disqualification of 1,300 applicants due to their HIV status raises serious legal concerns.
He stated that because HIV is effectively managed with modern antiretroviral therapy, affected individuals are entirely capable of leading full and productive working lives.
Consequently, disqualifying them from joining the security services is unconstitutional.
He further noted that mandatory HIV testing for employment is largely prohibited unless specifically required for highly specialised duties.
Speaking on Nyankonton Mu Nsem on Rainbow Radio 87.5FM, Ortsin noted that “if the disqualification was indeed based on the HIV status of the applicants, it would amount to a breach of the Ghana AIDS Commission Act, 2016 (Act 938)”.
He explained that “Section 32 of Act 938 clearly protects persons living with HIV from employment discrimination, meaning that an HIV status cannot be used as a reason to refuse employment to any individual”.
“Furthermore, it appears the applicants were not informed about the testing, which has likely made it difficult for authorities to notify those involved.”
These remarks follow mounting public concern over reports that several applicants in the recent security recruitment process may have been turned away solely after testing positive for HIV.
Mr Ortsin observed that the figure of those testing positive is not unexpected, as it aligns closely with Ghana’s national HIV prevalence rate of 1.49 per cent.
“Statistically, the number is to be expected because it aligns perfectly with our national prevalence rate. Out of every 100 citizens, between one and two of them will test positive for HIV. So it was not shocking, but what was shocking to us was the claim that those affected were disqualified. We need further and better details. Our laws frown on discrimination and stigmatisation. We need to be told whether they were indeed disqualified because of their status. It was unfortunate that this information was disclosed. It has created confusion among those who could not qualify. It could create mental health issues for the applicants.”
In light of the situation, Ortsin proposed a comprehensive review and streamlining of the current medical screening regime for applicants.
By: Rainbowradioonline.com/Ghana