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Zambia: Discrimination of HIV positive former employees of military
2009
Two HIV positive former employees of the Zambian Air Force sued the Government for allegedly testing them for HIV without their consent and subsequently dismissing them due to their status. On May 27, 2010, the High Court held that the two men were subjected to mandatory HIV testing and that it violated their rights to be free from cruel, inhuman and degrading treatment under the Zambian Constitution. The Court found that they had not been dismissed solely due to their HIV status and thus did not reach the legal question of whether such dismissal would have been justified.
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