Dr Edward Kumah, a Senior Lecturer at the University of Skills Training and Entrepreneurial Development, has advised individuals disqualified from entering the security services after testing positive for HIV to sue the government.
According to him, an applicant’s HIV status cannot lawfully be used as a ground for disqualification.
He has therefore urged the affected individuals to mount a joint legal challenge against the state over the decision.
His comments follow a disclosure by Interior Minister Muntaka Mohammed-Mubarak that 1,300 people were disqualified from recent recruitment exercises across various security services due to testing positive for HIV.
Speaking on Nyankonton Mu Nsem on Rainbow Radio 87.5FM, Dr Kumah stated that the exclusions were not only discriminatory but also infringed upon existing laws.
He asserted that the Ministries of Defence and the Interior must immediately provide the legal basis for their actions.
“I challenge the Ministries of Interior and Defence to provide the legal basis for taking this action. It is a reckless action. Are they going to also dismiss officers serving in the services who are also infected with HIV and other infections? This is an abuse of the fundamental human rights of the applicants. There is no provision in our laws that prevents people from… [or allows] being denied employment based on HIV status.”
Dr Kumah maintained that the affected individuals must be compensated by the state for the treatment they received.
“I will recommend to the affected victims to head to court and sue the government. If indeed they were disqualified based on their status, they must be compensated.”
He lamented that the public disclosure had plunged the affected individuals into a state of anxiety and confusion.
Warning that the country could soon reach an alarming tipping point where few applicants qualify for security roles, he concluded that the actions of the state were highly unethical and breached patient confidentiality.
He also asked the government to present parliament with new legislation stating explicitly if it cannot accept persons with HIV in such recruitment exercises, noting that the current laws do not support the move.
By: Rainbowradioonline.com/Ghana