Mark Beckford, Gleaner Writer

Professor Peter Figuero left, Chief, Epidemiology and Aids, National HIV/STI Control Programme listens keenly to Sherry-Ann McGregor left, Attorney-at-Law/Chair-Legal and Ethical Sub-committee and Carlene McFarlane centre, Attorney-at-Law and member of the Legal and Ethical Sub-committee during the National Aids Committee( NAC) Legal and Ethical Sub-Committee "HIV/AIDS: The Legal Response" held at Medallion Hall in Kingston on saturday. - Ian Allen/Staff Photographer

The National AIDS Committee (NAC) has renewed its calls for laws to be introduced to prohibit mandatory HIV testing for persons seeking employment.

This was one of several issues raised on Saturday at a seminar entitled "HIV/AIDS: The Legal Response" of the Legal and Ethical Sub-Committee of the National AIDS Committee Jamaica (NAC), at the Medallion Hall Hotel, in St. Andrew.

While current common law does not make it illegal for mandatory pre or post employment HIV testing, employers have the private right as a business operator to set the terms of employment and this sometimes include mandatory HIV testing.

However, the NAC believes this could lead to possible discrimination if a prospective employee is HIV positive. Lawyer and member of the ethical committee, Wendel Wilkins believes that the current laws heavily favour employers and as such, should be amended to disallow mandatory HIV testing.

"To prevent mandatory or discriminatory pre-employment testing for screening it is (being) proposed that a law is specifically enacted to prohibit such testing with appropriate sanctions for those who break this law," he said.

Mr. Wilkins also proposed that public education be used to supplement any legislation, as public education will, among other things, inform the public that a person's positive HIV status does not mean that the person cannot be productive.

The NAC also called for amendments to be made to the Public Health Act, as it says the current Act lends to the exclusion, isolation and prevention of persons living with HIV/AIDS from accessing goods and services.

Attorney at law Sherry-Ann McGregor pointed out that the Act's existing definition of communicable diseases did not address HIV/AIDS specifically and as such, is calling for an amendment to distinguish between diseases which require isolation and those such as HIV/AIDS which did not.

Ms. McGregor said the amendment, which will include regulations, would help to prevent discrimination and improve how current information on transmission, prevention and treatment of specified diseases including HIV/AIDS is dealt with.