Governance of Hiv in the Aviation Industry: Analysis of Multilateral Labour Rights Regimes

Abstract

Abstract - Denying employment to people based on their HIV status is a practice that is informed by social fears and norms, and employers have appropriated existing local and international laws to strengthen their position in refusing employment. There are discriminatory laws that inadvertently or by design deny or limit employment to people living with human immunodeficiency virus (HIV). This is especially true within the airline industry, given it is highly regulated by laws. About 50 countries have laws that regulate the entry and stay of people with HIV. The airline industry hesitates to accept people living with HIV as cabin crew citing safety regulations and international laws, and have refused work to or removed employees from positions within the company. In general, people with HIV face barriers to employment that far exceed those faced by others seeking employment. There is an exacerbated threat to people with HIV because airlines deal with multiple countries and are bound by many legal regulations that extend far beyond the legal system of any one country. The research analyses the regulations that govern the aviation industry within the context of employment. This qualitative research is aided by a constructivist approach, and exclusively uses secondary research. The cases under study in this paper are Sri Lanka in 2016 for a breach of employment law under the scope of ILO guidelines and national policies and South Africa in 2000 for breach of the South African Constitution and its Bill of Rights.