Beruflich Dokumente
Kultur Dokumente
Government of India
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NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
Contents
1. INTRODUCTION
1.1 Background
1.2 Situation in India
1.3 HIV/AIDS in the World of Work
1.4 Focus Area within the National AIDS Control Programme
1.5 Foundations of the Policy
2. RATIONALE
3. POLICY FRAMEWORK
5. ANNEXURES
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NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
ABBREVIATIONS
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NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
1. INTRODUCTION
1.1 Background
The HIV/AIDS epidemic constitutes one of the most formidable challenges
to development and social progress. The epidemic exacerbates poverty
and inequality, and increases the burden on the most vulnerable people in
society i.e. the elderly, the women, children and the poor.
Countries and organizations that do not respond in time have to bear huge
costs on public and private sector enterprises through declining
productivity, loss of skilled and experienced labour and increased
expenditures on employee treatment and associated costs as the demand
for public services increases. National economies, as seen in the severely
affected regions like the sub-Saharan Africa, have experienced the impact
on virtually every sector.
1.2 Situation in India
According to NACO an estimated 2.31 million people in India were living
with HIV/AIDS in the year 2007 (88.7% adults in 15-49 years, 7.5% aged
50 and above and 3.5% children below 15 years). The prevalence rate of
HIV/AIDS in the country is 0.34%. Women account for 39% of HIV burden
in the country. 8 states have HIV prevalence greater than the national
average. India has been successful in containing the overall prevalence of
the epidemic. However, there is no room for complacency as the epidemic
spreads from high risk groups to general populations, from men to women
and from urban to rural areas.
1.3 HIV/AIDS in the world of work
HIV/AIDS is a major threat to the world of work. It has shown maximum
impact on the most productive segment of the labour force. In countries
with high HIV prevalence rates, it has cut the supply of labour and slashed
income of workers, adversely affected enterprise performance and national
economies.
HIV/AIDS affects fundamental rights at work, particularly with respect to
discrimination and stigmatization of workers and people living with and
affected by HIV/AIDS. Stigma and discrimination at the workplace gets
reflected in the form of loss of employment and livelihood opportunities in
addition to ostracism and seclusion faced by workers either due to known
or presumed HIV status.
The threat of HIV to the Indian working population is evident from the fact
that nearly 90% of the reported HIV infections are from the most productive
age group of 15-49 years.
India has a working population of over 400 million, 93% of whom are in the
informal economy. The informal/unorganized sector labour is hard to reach
and is characterized by low literacy, negligible social protection benefits,
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difficult working conditions, poor health seeking 5orporat and limited access
to health care services.
A large number of people migrate, both internally as well as overseas in
search of better employment/livelihood opportunities. Though not all
migrant workers are at equal risk, the process of migration enhances
vulnerability to infections such as HIV, particularly to those who are single,
stay away from families for long durations, and work under difficult
conditions.
1.4 Focus Area within the National AIDS Control Programme
Expanding HIV/AIDS policy and programmes in the world of work is a key
component under the mainstreaming strategy in the National AIDS Control
Programme phase-III (2007-2012). The National AIDS Control
Organization, realizing the need for focused efforts to mainstream HIV/AIDS
in a sustained manner has established a dedicated mainstreaming cell
which would be responsible for initiating and facilitating mainstreaming
efforts with government, civil society organizations and
businesses/industries.
It was observed that a national policy guideline on HIV/AIDS interventions in
the world of work would be of immense value. The Ministry of Labour and
Employment and the National AIDS Control Organizations, under the
Ministry of Health and Family Welfare, have jointly developed this policy
document. These guidelines have come out of consultation with the
employers‟ and workers‟ organizations, people living with HIV/AIDS, the
International Labour Organization (ILO) and UNAIDS.
1.5 Foundations of the proposed national policy
The Policy is based on, and builds upon, the following:
a) The broad framework and ideology of the HIV/AIDS Policy of the
Government of India. The national policy stresses that the organized
and unorganized sector of industry needs to be mobilized for taking
care of the health of the productive sections of their workforce
b) The ILO Code of Practice on HIV/AIDS and the World of Work that
has been endorsed by the National AIDS Control Organization,
MOL&E, employers‟ and workers‟ organizations in India.
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2. RATIONALE
I. The National Council on AIDS, chaired by the Prime Minister of
India, accords top priority to protection of workforce with regard to
HIV/AIDS.
IV. Government of India has ratified the ILO Convention No. 111 on
Discrimination (Employment and Occupation). Therefore, a policy
statement creating a framework for non-discrimination with workers
on the basis of their real or perceived HIV status is essential. It is also
necessary because in India a legislative framework on HIV/AIDS has
not yet developed though the process has been initiated. However,
there have been a number of landmark court judgments on HIV/AIDS
related discrimination in employment that provide relevant
background for this policy statement.
VI. Although efforts are being made, policy measures for unorganized
sector workers are yet to be developed to provide guidelines for non-
discrimination and social protection, including HIV in health insurance.
VII. Many employers in the public and private sectors have not taken up
“work place interventions” due to low risk perception and lack of
understanding. Partnership between State AIDS Control Societies
(SACS), spearheading HIV/AIDS response at the state levels with
trade unions, employers‟ organizations (whether publicly or privately
owned) have been limited.
VIII. India‟s growth will generate about 14 million jobs per year in the next
10-12 years. Most entrants will be young people and uncontrolled
spread of HIV and its impact among them will affect economic growth.
Workplace Policy will ensure that they are provided appropriate
services and information for prevention.
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3. POLICY FRAMEWORK
3) People with HIV may remain healthy and fit to work for several years
despite their infection.
4) With the availability of Anti Retroviral Treatment, the life of people living
with HIV can be prolonged substantially and they can lead a normal
productive life.
3.2 Aim
This policy, based on principles of human rights, aims to guide the national
response to HIV/AIDS in reducing and managing the impact of the
epidemic in the world of work. Specifically the policy aims to:-
3.3 Scope
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This policy applies to all employers and workers (including applicants for
work) in the public and private sectors, all workplaces and contracts of
employment, and all aspects of work – formal and informal and the self-
employed worker including the spouse and children or other dependant
family members of a worker.
The employers‟ and workers‟ organizations, government ministries /
departments at the national and state levels, public/ private sector
companies, multi-national companies operating in India, and other social
partners are advised to use this policy framework in formulating and
implementing the workplace policy in their individual workplaces.
3.4 Guiding Principles
The policy adopts the key principles of the ILO Code of Practice on
HIV/AIDS and the World of Work that is in line with the Government of
India‟s National HIV/AIDS policy. The ten principles are:
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V Social dialogue
A successful development and implementation of HIV/AIDS policy
and programme requires full cooperation and trust between
employers, workers and governments.
VI No Screening for purpose of Employment
HIV/AIDS screening should not be required of job applicants or
persons in employment or for purposes of exclusion from
employment or worker benefits. In order to assess the impact of HIV,
employers may wish to do anonymous, unlinked HIV prevalence
studies in their workplace. These studies may occur provided it is
undertaken in accordance with the ethical principles of scientific
research, professional ethics and the protection of individual and
confidentiality. Where such research is done, workers should be
consulted and informed that it is occurring. Testing will not be
considered anonymous if there is a reasonable possibility that a
person‟s HIV status can be deduced from the result.
VII Confidentiality
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5) The Central Ministries should share this policy framework with their
state counterpart departments, encouraging them to respond to
develop their own workplace policy and programmes on HIV/AIDS in
collaboration with the established State AIDS Control Societies.
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NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
3.6.3 Enterprises
All enterprises, in public/private and formal/informal sectors, are
encouraged to establish workplace policy and programmes at their
workplaces based on the principles of this policy. They should do the
following:-
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Further
5. People living with HIV are excluded from the various insurance
schemes proposed by both public and private companies. All
policies being offered to the disadvantaged groups of the population
under the social obligations issued by the Insurance Regulatory and
Development Authority (IRDA) continued to exclude quite
specifically all cases related to AIDS. Moreover, while the low-
income organized sector workers do benefit from a comprehensive
health protection system under the Employee‟s Social Insurance
Scheme (ESIS), most of informal economy workers do not.
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2) Trade unions are the key actors and advocates at workplaces and
should play a crucial role to:
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b) MOL&E and NACO will also take up issues necessary for action at
the level of National Council on AIDS, chaired by the Prime Minister.
d) MOLE and NACO as part of their steering role will also facilitate
implementation of regular surveys and risks assessments, especially
in labour intensive areas to map the vulnerable populations,
migrants, working conditions and other related issues. These
studies undertaken on a regular basis will facilitate identification of
gaps in the policy and implementation, inform appropriate changes
in the policy, facilitate identification of work areas requiring focus
from the MOLE and NACO and also facilitate the monitoring of
implementation of the policy guidelines and impact on the HIV
vulnerabilities of the work force.
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II. The scope and content of the policy and programme will depend on
the organization‟s/company‟s size, needs and resources.
IV. Periodic reviewing and monitoring of the policy will allow the
organization or the company to keep up with and adjust to a
constantly changing internal and external situation.
V. Regular review of the workplace programme will ensure that it is
managed efficiently, producing the expected results and meeting the
needs of the employees.
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NATIONAL POLICY ON HIV/AIDS AND THE WORLD OF WORK
Annexure – I
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Non-discrimination
Gender equality
Social dialogue
A successful HIV/AIDS policy and programme requires cooperation
and trust between employers, employees, and governments.
Confidentiality
Access to personal data relating to a worker‟s HIV status should be
bound by the rules of confidentiality consistent with existing ILO
Code of Practice.
Prevention
The social partners are in a unique position to promote prevention
efforts through information and education, and support changes in
attitudes and 20orporat.
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Signed by
Mr. O.P. Lohia
President
____________________All India Organisation of Employers (AIOE)
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Mr. N. Srinivasan
Director General
_____________________________ Confederation of Indian Industry (CII)
Mr. S. Behuria
Chairman
___________________ Standing Conference of Public Enterprises
(SCOPE)
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Annexure- II
Non-discrimination
There should be no discrimination or stigmatization of employees on
the basis of the real or perceived HIV status.
Gender equality
More equal gender relations and the empowerment of women are
vital to successfully preventing the spread of HIV infection and
enabling women to cope with HIV/AIDs.
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Social dialogue
A successful HIV/AIDS policy and programme requires cooperation
and trust between employers, employees, and governments.
Confidentiality
Access to personal data relating to a worker‟s HIV status should be
bound by the rules of confidentiality consistent with the existing ILO
Code of Practice
Prevention
The social partners are in a unique position to promote prevention
efforts through information and education, and support changes in
attitudes and 24orporat.
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Signed by
Mr. Gurudas Das Gupta, MP
General Secretary
__________________________ All India Trade Union Congress
Dr. M.K.Pandhe,
President
___________________________Centre of Indian Trade Unions
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Annexure-III
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Annexure IV
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and even where they are registered and respect certain aspects of the law
they are almost invariably beyond the pale of social protection, labour
legislation and protective measures at the workplace. Informal sector
producers and workers are generally unorganized (although informal local
associations of those engaged in specific activities may exist), and in most
cases beyond the scope of action of trade unions and employers‟
organizations.
Workers’ representatives: Persons recognized as such by national law or
practice whether they are (a) trade union representatives, namely,
representatives designated or elected by trade unions or by members of
such unions; or (b) elected representatives, namely, representatives who
are freely elected by the workers of the undertaking in accordance with
provisions of national laws or regulations or of collective agreements and
whose functions do not include activities which are recognized as the
exclusive prerogative of trade unions in the country concerned.
Vulnerability: Refers to socio-economic disempowerment and cultural
context, work situations that make workers more susceptible to the risk of
infection.
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