Protection of hiv-positive workers: Legislative and jurisprudential evolution and jurisprudence in brazil
There have been various legislative efforts to prohibit discrimination against HIV-positive workers, including criminalization. Most have not been successful, at least so far. Nonetheless, there are normative instruments in force that can be effective in combating discrimination against HIV-positive...
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| Format: | Article |
| Language: | Portuguese |
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2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7863547 |
| Source: | Revista Brasileira de Direito, ISSN 2238-0604, Vol. 16, Nº. 1, 2020 (Ejemplar dedicado a: RBD. Jan-Abr. 2020) |
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| Summary: |
There have been various legislative efforts to prohibit discrimination against HIV-positive workers, including criminalization. Most have not been successful, at least so far. Nonetheless, there are normative instruments in force that can be effective in combating discrimination against HIV-positive workers. The first of these is statue No. 9.029/95 that, applied through analogy, confers important protection for access to employment and prohibition of discrimination. The second, Convention No. 111 of the ILO, which created mechanisms to combat worker discrimination, has already been ratified by Brazil. The third is judicial decisions, through the inversion of the burden of proof in litigation where workers allege discriminatory discharge. |
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