5. Key Principles

The adoption of this policy implies a commitment to the following key principles

Recognition of HIV and AIDS as an issue affecting the education sector

HIV/AIDS is an issue for all educational institutions and services, not only because the virus affects employees and students/learners, but also because educational institutions can play a vital role in limiting the spread and effects of the infection.

Non-discrimination and reduction of stigma

In the interests of an effective teaching and learning environment and respect for human rights, there should be no discrimination against an employee or student who has, is perceived to have, or is affected by HIV and AIDS. Discrimination and stigmatization inhibit efforts for prevention, care, treatment and support. Education institutions and services should adopt a proactive approach to avoiding and eliminating stigma and discrimination as part of this Policy.

Gender equality

HIV and AIDS impact men and women differently. Women and girls are often more adversely affected by the epidemic, due to physiological, socio-cultural and economic reasons. Women and girls may also be more vulnerable due to unequal gender relations. Sexual harassment in the educational setting should be addressed. Any discrimination and/or action that may put an employee or student of either sex at risk of HIV because of their sex strictly violates the basic principles of this policy should be reported and may be sanctioned in accordance with relevant disciplinary policies.

Education programmes should address the roles and responsibilities of men and boys in promoting gender equality as well as the rights of women and girls.

The application of this policy is designed to take account of these unequal gender relations and enable all employees and students to avoid risks, and the spread of HIV infection successfully and to cope with the impact of HIV and AIDS.

Caring and supportive environment

The employee or student who has contracted HIV needs empathy, care, treatment and support. There should be no discrimination against employees or their families in access to affordable health services and statutory or occupational benefits. There should be no discrimination against students with respect to the normal health benefits accessed and enjoyed by other students. Education institutions should setup programmes of care and support that guarantee access to treatment, and provide for reasonable accommodation, provision of or referral to counselling, healthy living information (on nutrition, positive living, and sexual behaviour), including life skills education where relevant, and consider the extension of employee and student assistance programmes where available.

Healthy work environment

The teaching/learning and work environment should be healthy and safe, so far as is practicable, for all concerned parties in order to reduce the risk of HIV infection and transmission. While there is no risk of HIV transmission through normal casual contact, universal precautions should be applied to avoid transmission in the event of accidents in the education setting, and risks reduced or eliminated.

Screening for purposes of exclusion from employment or studies

HIV screening should not be required of job applicants, students who wish to enrol, or current employees or students. Testing for HIV should not be carried out at the educational institution except as specified in section 11 of this policy.

Continuation of the employment relationship

HIV infection is not a cause for the termination, suspension, involuntary transfer or denial of an employee's career advancement or the expulsion or suspension of a student. Persons living with HIV-related illnesses should be able to work or study for as long as medically fit inappropriate work or studies and be provided with reasonable accommodation.

Confidentiality

All personal medical information, whether oral, written or in electronic format, obtained from an individual or third parties will be treated as confidential. No employee, student, or parent on behalf of the student, is compelled to disclose HIV status to authorities at the education institution or service.

The ILO’s Code of practice on the protection of workers’ personal data, 1997, provides guidelines on confidentiality rules HIV infection is preventable through information, education, and the creation of a climate that gives assistance and encouragement to all individuals in assessing and reducing their risk to HIV. Educational institutions should set up programmes for all staff and students to provide information and behaviour change communication, promote voluntary (and confidential) testing with counselling (VCT), and provide information on practical means of prevention, including abstinence, behaviour change, access to condoms, disposable syringes, etc, in accordance with national guidelines.

Social dialogue

A successful HIV/AIDS policy and programme requires cooperation, trust and dialogue between government officials, the governing body of the education institution, administrators, employees, education union representatives, students, and parents, and other relevant stakeholders. 

Respect for rights

Education authorities, the governing body, administrators, teachers and other employees and their representatives, students and their representatives and parents of students in the institution are expected to respect the rights of all members of the education institution, regardless of their actual or perceived HIV status.

Rights and Responsibilities

Public education authorities

The public education authorities should monitor and evaluate the implementation of this policy in all public and private education institutions, and assist institutions with capacity building, training and implementation of the Policy. The education authorities should also provide all institutions access to items necessary for the implementation of universal precautions.

Public education authorities should especially ensure:

• The compulsory integration of education and training on HIV and AIDS within the formal national or institutional curriculum;
• Effective human resource (HR) strategies to deal with the impact of HIV.

AIDS throughout the education system, including HIV and AIDS-relevant information in the education management and information system (EMIS) for purposes of planning, recruitment, deployment and replacement of staff, with particular attention to prevalence and risk, geographical impact, subject shortages, vulnerability (newly qualified teachers and spouses) and the provision of qualified teachers. The EMIS should also serve the purpose of planning demand side issues such as increases in OVCs and decreases in enrolment.

The application of an EMIS would need to be in the context of a commitment to maintaining confidentiality in the use of statistics for planning.

The institutional governing body

The governing body of the educational institution where applicable should ensure that the institution develops or adopts a policy on HIV and AIDS - based on the principles set out in section 6, that the process includes consultation between the representatives of employers, employees, students and parents, and that appropriate measures are taken for its implementation, including making it known to all staff and students and the development of a continuous training programme for management and staff.

The governing body is expected to promote an educational climate that protects the rights of every student and employee living with HIV or affected by HIV and AIDS.

Administrators

The administrators should:

• Advise the governing body of the implications of HIV and AIDS for the institution, to enable governing body members to develop successful strategies to reduce stigmatization and eliminate discrimination against those living with and/or affected by HIV and AIDS, and prevent the spread and mitigate the effects of HIV in the institution and create a supportive and caring environment for employees and students;
• Take the necessary steps to develop or adopt, through social dialogue, a policy on HIV and AIDS, a plan for its implementation and a programme for the prevention, care and support;
• Agree on the appointment of an HIV/AIDS focal point or committee (in larger institutions), in consultation with the representatives of the employees and the students, in accordance with section 5 of this Policy;
• Ensure a safe and healthy work and study environment, including the application of universal precautions as part of first aid provisions.

Teachers/Educators

Teachers are expected to adhere to the policy and support its implementation. They are responsible for the provision of accurate and up-to-date information on HIV and AIDS, as provided to them. They are also responsible for the promotion of caring and supportive relationships between students -, and ensuring the identification of children with special needs, in accordance with the agreed programme and subject to adequate training and working time provided for these responsibilities.

Employee and student/learner representatives

Representatives of employees and (where they exist) representatives of student bodies have a responsibility to protect those they represent from any form of discrimination related to HIV status and to help implement the institution’s HIV/AIDS policy and programme by monitoring and promoting the information.