The High Court today held that the mandatory HIV testing of two former employees of the Zambian Air Force violated their rights to be free from cruel, inhuman and degrading treatment and privacy under the Constitution. In reaching its decision, the Court relied on comparative case law and Zambia’s international and regional treaty obligations. The Court did reject the two former employees’ claims that they were dismissed solely due to their HIV status, finding that they were dismissed due to their medical health, not because they were HIV positive. The Court thus did not reach the question of whether dismissal solely on the basis of HIV status would violate the Constitution. We will be posting the judgement shortly.
Related Posts
SALC SUBMISSION ON ZIMBABWE’S 3RD UNIVERSAL PERIODIC REVIEW
Zimbabwe is in the midst of an economic crisis, which has only been exacerbated by the effects of the COVID-19 pandemic. Lockdown restrictions have led to a decrease in manufacturing, non-mineral exports, hospitality, trade and transport sectors. Despite Zimbabwe’s Constitution, there is a serious deterioration of the political, economic and…
Staff WriterJul 15, 2021
Letter to MTN group president and CEO: Violation of freedom of expression in Eswatini
On 7 July 2021, SALC wrote a letter to the Group President and CEO of MTN group regarding the violation of freedom of expression in Eswatini in light of recent internet shutdown.
Staff WriterJul 7, 2021
Media Advisory: Challenging criminalisation of adolescent sexuality in Malawi
On 7 July 2021 the High Court in Blantyre will hear the case of an adolescent child of 15 years old who was arrested and charged with the offence of Defilement contrary to section 138(1) of the Penal Code due to having a consensual sexual relationship with another child. The…
Staff WriterJul 6, 2021
