Prejudice sees dreams illegally shattered
text size

Prejudice sees dreams illegally shattered

Employers must recognise the rights of people living with HIV to vie equally for jobs or face the consequences

Listen to this article
Play
Pause

There was a young man, the son of a police officer who died on duty during the southern insurgency. He decided to follow in his Dad's footsteps and serve the country, so he applied for the job and passed the exam.

Another man had, since a young age, dreamed of having a job that allowed him to travel the world. At 27, he applied to become a flight attendant and passed the exams.

These two young men, like countless other people living with HIV (PLHIV), saw their dreams shattered because of their blood test results.

While Thailand is advanced in its treatment of HIV and has suppressed the virus to untransmittable levels in most sufferers, the country still failed to protect people living with HIV (PLHIV) from career discrimination.

Human Rights Day is observed by the international community every year on Dec 10.

As part of events to mark the day, the Bangkok Post sat with some PLHIVs whose rights were violated as well as the human rights officials trying to protect them.

Passive voices of the violated

Supattra Nakapew, a commissioner of Thailand Human Rights Commission, said the commission had received 32 petitions claiming discrimination against PLHIV in employment, in both the public and private sectors, in the past three years.

She said the discrimination often begins during the recruitment process when applicants are required to have an HIV test.

The commission followed up by contacting employers to inform them that HIV screening in job applications is a human rights violation.

Partnered hospitals were also informed about the violation and urged to cooperate with the Disease Control Department which asked them not to do HIV screening before employment.

She said many had cooperated and changed their policies that discriminated against PLHIV.

However, the discrimination against PLHIV during the employment process that still exists in Thailand shows that social perception against HIV/Aids in the country remained unchanged, Ms Supattra said.

People still believe PLHIV are physically weak and may spread disease easily, regardless of advanced HIV treatment and medication which suppress the virus and allow them to live a long and healthy life, she said.

She said the authorities need to create awareness of HIV/Aids based on rights and the Public Health Ministry needs to take the lead in doing so.

"They should explain the matter not just on a medical level but also on the societal level," she said.

Philin Duangmala, manager of the Foundation for Action on Inclusion Rights, said the Labour Ministry published an announcement calling on businesses not to use HIV status to determine employment qualifications and support PLHIV to advance in their career.

Still, she said, certain government organisations continue to marginalise PLHIV when it comes to hiring.

She pointed out regulations on "prohibited characteristics of becoming police officers" issued by the Royal Thai Police.

Aids and HIV infections are included among the prohibited illnesses, symptoms and characteristics.

She said such regulations had barred many healthy PLHIV from pursuing their dream career.

Ms Philin said many candidates passed all requirements but failed health screening due to their HIV-positive blood test.

Some of them took the case to the administrative court and lost in the legal battle.

"PLHIV can be as strong and healthy as others and work with as much productivity," she said.

"Rejection lowers their self-esteem [and into] thinking their value is determined only by their blood, not their performance.

"It also affects the economy and welfare," added Ms Philin.

Philin: Candidates fail health screenings

Philin: Candidates fail health screenings

Active effort from the state

Ms Supattra of the Human Rights Commission said PLHIV are among the most vulnerable people in society and there should be laws to protect them.

Five anti-discrimination bills have been drafted by civil society organisations, the Prachachart, Pentham and Pheu Thai parties, and the Justice Ministry, she said.

The Justice Ministry's draft was submitted to cabinet for consideration on Nov 6, 2023, and the Cabinet Secretariat conducted a hearing among various agencies.

However, the Council of State Office saw the bill as "unnecessary" and overlapping with the role of the Thailand National Human Rights Commission, she said.

The Cabinet Secretariat Office sent the draft back to the Justice Ministry.

After two ministerial meetings, the latest one on Dec 4, the ministry decided it would submit this draft to the cabinet before the end of the year.

It is expected to help the other four drafts reach cabinet because any bills proposed to cabinet require the government's draft to be considered along with them.

"This bill is important for Thailand as it aligns with United Nation's Sustainable Development Goal in ending inequalities.

"If a society has discrimination, social gaps widen and more people are unable to access social benefits and enjoy the rights they deserve," she added.

"As Thailand has been selected to join the UN Human Rights Council for the 2025-2028 term, the government should see the importance of this bill as it will help elevate Thailand's human rights protection.

"It may take some time to erase the stigma against PLHIV because it's inside people's heads, but the act of discrimination must be stopped now," said Ms Supattra.

Ms Supattra said if anyone sees examples of discrimination against PLHIV, they should call the 1377 Hotline or submit a petition to the commission through the website, anonymously if they wish.

Supattra: Social perception unchanged

Supattra: Social perception unchanged

Do you like the content of this article?
COMMENT