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Title of Article

CONSTITUTIONAL PROHIBITION OF DISCRIMINATION AGAINST PERSONS WITH HIV AT WORK


Issue
4
Date
2020

Article type
scientific article
UDC
342.734
Pages
152-158
Keywords
 


Authors
Torosyan R.A.
Saratovskiy natsionalnyy issledovatelskiy gosudarstvennyy universitet im. N.G. Chernyshevskogo


Abstract
The article presents a comprehensive study of the concept and causes of stigmatization and discrimination of persons with HIV infection in the world of work. The author notes that in the context of the annual increase in the number of HIV-infected citizens in the Russian Federation, the constitutional and legal regulation of the prohibition of discrimination against persons infected with the human immunodeficiency virus (HIV) is of particular importance and relevance. Particular attention is paid to the phenomenon of discriminatory dismissal and the actions of the employer in such situations. The author comes to the conclusion that the constitutional ban on discrimination, regardless of the state of health in relation to people infected with HIV and AIDS, does not provide effective protection for HIV-infected citizens in the process of exercising their labor rights, and contributes to their hidden discrimination in society. For this reason, it is necessary to recognize HIV-infected as special subjects of legal relations in need of enhanced legal protection. As long as HIV is equated with serious illness and death, public attitudes towards the epidemic will change very slowly and will not ensure the implementation of the provisions of Art. 19 of the Constitution of the Russian Federation. It is proposed to create effective mechanisms to ensure equality and non-discrimination of these categories of people.

File (in Russian)