XVII National Conference of Lawyers organized by the Mexican Bar Association
The Application of HIV/ AIDS Tests is considered Discriminatory.
A few days ago, the Second Chamber of the Mexican Supreme Court ruled as discriminatory the application of HIV/AIDS tests as a contracting requirement for medical staff.
The decision of the Second Chamber stated that requesting HIV/AIDS test as a contracting requirement infringes the Human Right to equality, given that an individual may be denied employment with regard to his/her health condition, situation that violates article 1° of the Mexican Federal Constitution.
Likewise, it was also stated that health institutions could perform HIV/AIDS tests on their medical staff, provided that: a) they are performed after the engagement process, b) they may not cause rescission of the employment relationship, c) they can only be performed in those areas where there is a reasonable and objective risk of infection; and d) the test results shall not be public.
In connection with the aforementioned, it can be concluded that the application of HIV/AIDS test as a condition to hire a candidate or a requirement for already hired staff is, as a general principle, considered as a violation of human rights, for it infringes the principle of equality enshrined in our Constitution.
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