An analysis of the compatibility of Mozambican law with international human rights law relating to people living with HIV in the workplace

Abstract

The objective of this study is to analyze the compatibility of Mozambican legislation concerning HIV and AIDS (Law 5/2002 of 5 February 2002, Law 23/2007 of 1 August 2007, Law 12/2009 of 12 March 2009 and Law 19/2014 of 27 August 2014) with international human right standards for the protection of the fundamental rights and freedom of people living with HIV (PLHIV) in the workplace, in Mozambique. In particular, it critically looks at issues surrounding freedom of thought and conscience, criminalization of transmission of HIV and its impact on the human rights of PLHIV at the workplace, as well as issues of gender equality and discrimination and stigmatization under Mozambican law. The study attempts to offer some technical and legal solutions to these problems in order to fill the existing gaps in the law, with the intention of bringing the local legal framework in to conformity with the international human rights law that protects PLHIV at the workplace. Several challenges impeded the attainment of the objective of the study. The main challenge was the lack of literature that focuses on the subject. The study concludes that there is the need to incorporate fundamental principles of human rights, such as those of equality and non-discrimination, the right to freedom to movement and freedom of conscience into Mozambican legislation concerning HIV and AIDS in the workplace.