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Law for Promotion and Protection of the Right to Equality of persons with HIV/AIDS

The Law for Promotion and Protection of the Right to Equality of persons with HIV/AIDS and their Relatives was published in Official Gazette No. 40,571 of December 30, 2014. The purpose of said Law is to promote and protect the right to equality of the persons with the Human Immunodeficiency Virus (“HIV”) and the Acquired Immune Deficiency Syndrome (“AIDS”).

 

The Law establishes the following regulations in order to assure equality at work of persons with HIV/AIDS:

 

  1. A prohibition is prescribed against the establishment of HIV/AIDS diagnoses as a requirement for obtaining or keeping a job.

  2. The HIV/AIDS condition of a person may not be considered an impediment to hiring him/her or a cause for termination of the employment relationship.

  3. A prohibition is prescribed against making or requiring HIV testing to be undergone by the persons who wish to obtain a job, as well as during the employment relationship, including in this category the pre and post-vacation medical examinations.

  4. Employers are prohibited from giving or allowing inhumane, discriminatory, or degrading treatment to their workers because of their health condition.

  5. A prohibition is prescribed against creating, disseminating, or allowing the dissemination of contents, methods, instruments, messages, and opinions of any nature whatsoever that are discriminatory against persons with HIV/AIDS.

  6. Employers must allow work to be developed in an environment free from any type of discrimination.

 

The Law establishes that the condition of being infected with HIV/AIDS may not be considered a justified cause to terminate an employment relationship. In this connection, the Law prescribes that workers infected with HIV/AIDS will be protected by fire freeze, according to the labor legislation.

 

The Law prescribes that any person who through an action or an omission differentiates and excludes one or several persons or their relatives because of the fact of being infected with HIV/AIDS, in order to annul or impair the enjoyment or exercise of the rights, obligations, and guarantees established in the Law will be penalized under administrative law with a fine ranging between 10 Tax Units and 1,000 Tax Units, subject to the provisions of the Law. If the person that commits the violation is part of the public or private health staff, he/she will be suspended from professional practice, subject to the provisions of the applicable laws on professional practice.

 

The Law became effective upon its publication in the Official Gazette.

 

In order to access the Law, please click here.

 

“NOTE: THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY SPECIFIC MATTER AND ITS CONTENT ARE INTENDED AS A MANAGEMENT ALERT AS TO CURRENT DEVELOPMENTS IN VENEZUELA, ANY SPECIFIC LEGAL QUESTIONS REGARDING THE POSSIBLE APPLICATION OF NEW OR PROPOSED LEGISLATION TO PARTICULAR SITUATIONS SHOULD BE ADDRESSED TO TRAVIESO EVANS ARRIA RENGEL & PAZ.