English - CEDAW Southeast Asia

CEDAW and the Law:
HIV/AIDS and the workplace
Article 14 of the Law on HIV/AIDS enumerates the responsibilities of the employer including:
(a) organizing propaganda and education on HIV/AIDS prevention and control measures; (b)
ensuring no stigmatization and discrimination against people living with HIV in the workplace;
(c) arranging jobs suitable to the health and professional qualification of labourers living with
HIV; and (d) facilitating employee participation in HIV/AIDS prevention and control activities.
Article 14 also prohibits: (a) terminating or causing difficulties to an employee living with
HIV; (b) forcing an employee living with HIV to change jobs; (c) refusing to give a salary raise,
promote an employee, ensure his/her legitimate rights or benefits on the ground that such
person is living with HIV; and (d) request a job applicant to have an HIV test or refuse to recruit
a person on the ground that such person is living with HIV.
HIV/AIDS and educational establishments
Article 15 of the Law on HIV/AIDS states that educational establishments are responsible for
organizing education for students and learners on HIV/AIDS prevention and control integrated
with sex and reproductive health education, and for conducting other HIV/AIDS prevention
and control activities at their establishments. Education establishments are not allowed to
refuse admission, discipline or expel, or separate, limit or forbid, students from participating
on the ground that they are living with HIV. They also cannot request a student, leaner or a
candidate to have an HIV test.
Another important legal document is the Decree on Health Violations that provides
sanctions for administrative violations. The following violation of regulations on HIV/AIDS
prevention and combat are punished by a fines of VND 2 million to VND 5 million: (a)
disclosing testing secrets or results without permission; (b) violating regulations on keeping
secret the names, ages, addresses and images of people living with HIV; (c) publishing on
mass media names, ages, addresses and images of people living with HIV without their
consent; and (d) refusing to give medical treatment to people living with HIV. The following
acts are also punishable: (a) notifying positive HIV test results to persons other than the
patient; (b) relying on test results to recruit labour or enrol trainees; (c) failing to supply or
disseminate information on HIV control and prevention to labourers; and (d) dismissing
labourers or expelling pupils of students for reasons of living with HIV.
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The Directive No. 02/2003/CT-TTG of February 24, 2003 by the Prime Minister on
Strengthening Prevention and Combating of HIV/AIDS (Directive on HIV/AIDS) provides
instruction to particular ministries on the prevention and combat of HIV/AIDS: (a) MCI has the
main responsibility on information, education and communication tasks on prevention and
combating of HIV/AIDS, such as to provide guidance for community awareness to ensure
understanding and non-discrimination towards people living with HIV/AIDS; (b) MPS will
conduct studies and develop mechanisms for management of children, commercial sex
workers, drug abusers living with HIV/AIDS who are now kept in re-educational centres, jails
or detention centres. It will also develop plans and organize effective preventive measures to
reduce the spread of HIV/AIDS from high risk groups to the community; (c) MOLISA will
conduct studies and develop mechanisms for community-based management, care and
education of children, sex workers and drug abusers infected with HIV/AIDS; and (d) MOH will
focus on treatment and prevention of MTCT.
Review of key legal documents and compliance with CEDAW