Accepted a demand by discriminatory dismissal of a person with HIV.

-the Observatory of human rights REDVIH alleges that labor is one of the main areas of discrimination, but it is very complicated to get favorable rulings

-for further information to the applicant, you can contact him through Mediosysida (672 022 660 or contacta@mediosysida.org)

Spain, 2011-may Francisco wants to set a precedent. Until a few weeks ago, this lawyer’s 26 years worked as administrative assistant in a gestoría. received notification of the dismissal only four hours after sending an email to a superior, where mentioned that he has HIV. The company claims as a reason for the dismissal of the delay in the delivery of four tax returns, while, as explained by Francisco, their heads and clients you had recently congratulated for his work ”. It is the second time in his life which encounters a situation of this kind and has now decided to take action. It is clear that the reason for his dismissal has been the discrimination to have HIV and wants the resolution of your case involves a exemplary judgement ”.

At the moment, Francisco has sued the company redundancy in protection of fundamental rights before the Social Court No. 3 of Madrid, asking for the annulment of the dismissal and compensation of 300,000 euro for moral damages. The judge just admit the demand and has accepted all the measures injunction requested by the worker, including all the other parties must keep gag except him.

The view is not held until September 12, but Francisco wants to explain his situation and, if necessary, give details of the company who has been dismissed. Until that does not hold the trial, Francisco persists with 70% of poor pay and is receiving psychiatric treatment because of the situation. wants to give the face to improve their situation, but also to have a statement copy if they prove the facts and that what has happened to him is more difficult to be repeated.

Francisco has expressly requested that its message be transmitted: want companies to know dismiss or diminish the rights of a worker by his status as HIV-positive they will not leave neither free nor cheap. This is my struggle, but is the struggle of all those who are in the same situation, and if I ask so large is because companies must suffer, must receive exemplary punishment for immoral behaviour ”. And, Furthermore, encouraged to all HIV-infected persons and their families to face abusive companies and not be afraid, nor apologize for a purely medical condition ”.

The Observatory of human rights and HIV/AIDS REDVIH wants to show its solidarity with all workers and workers who see their rights violated by having HIV. In the same way, want to make public that most queries for discrimination that receives the Observatory has to do with work (changes in conditions, lay-offs, mobbing, checkups that include HIV not justified way or exclusion of selection processes).

Likewise, in the majority of cases that reach the courts, although there is clear evidence, it is very difficult there are unsatisfactory rulings for discriminated persons. On the one hand, the Observatory has been identified lack of sensitivity in the area of Justice to be involved in these cases, and for another, absence of effective mechanisms that can be used in situations of discrimination. A good opportunity is the law of equality of treatment and non-discrimination, currently in draft stage, of which is expected to respond to current social needs for the protection of human rights.

Meanwhile, from the Observatory trust that the case of Francisco, if you can prove that there has been discrimination, can set a good precedent. On the other hand, the Observatory of human rights and HIV/AIDS invites other groups and entities to express solidarity with this situation through an email support at observatorio@redvih.org.

The Observatory of human rights and HIV was established in 2003 as a project of the community network on HIV / AIDS in the Spanish State (REDVIH), with the goals of addressing HIV-related stigma and discrimination, visible cases of violation of rights and raise awareness about this situation. To this end, among other activities, this project funded by the National Plan of the AIDS of the Ministry of health and Social policy, offers free confidential legal advice service. Anyone who lives in Spain and consider that it has received discriminatory treatment related to HIV, can contact the service through your email, website, telephone and postal mail.