Maintaining privacy and ensuring non-discrimination in the context of HIV/AIDS

In 2007, there were an estimated 33 million people living with HIV. The promotion and protection of human rights are a fundamental part of any response to HIV/AIDS. This includes the need to protect individuals with HIV from discrimination, stigma and violence and to promote sustainable and inclusive health care solutions. The incidence and spread of HIV/AIDS is disproportionately high among groups who already experience discrimination. This includes groups that have been marginalised socially, culturally and economically. Examples include injecting drug users, sex workers and men who have sex with men. HIV can also disproportionately affect women. In sub-Saharan Africa about 60% of all people living with HIV are women. Women are more likely to act as caregivers to HIV-infected people and risk being ostracised when widowed as a result of HIV. One third of countries currently lack laws to protect people living with HIV from discrimination. Weaknesses in healthcare systems are also slowing the roll-out of HIV treatment programmes.

Implications for business

People living and affected by HIV/AIDS are less likely to seek counselling, testing and treatment if confronted by stigma, discrimination, lack of privacy or other negative consequences e.g. reduced access to jobs and career development opportunities. When these human rights are protected, governments, business and civil society organisations working to address HIV/AIDS are able to respond to the pandemic more effectively, fewer people become infected, and people living with HIV and AIDS and their communities can better cope with the disease.

HIV/AIDS is having significant negative effects on certain industries in high-prevalence countries, especially in the mining and agricultural sectors. HIV is also likely to reduce economic growth in high-prevalence countries by 0.5% to 1.5% over the next 10–20 years. Business may act in a discriminatory manner against those living with HIV/AIDS, including in ‘hiring and firing’ patterns. HIV testing should be confidential and no discrimination should follow from the results. Companies with operations and supply chains in countries, regions and cities that have high HIV/AIDS prevalence rates face significant business continuity risks. The exposure of employees to the risk of contracting HIV/AIDS is a threat to their own health, to their families and to wider national economic and development goals. This is especially the case in Sub-Saharan Africa, which currently accounts for about 67% of those living with HIV and 72% of AIDS deaths. 

According to UNAIDS, nearly three million people were receiving antiretroviral treatment in low- and middle-income countries at the end of 2007. This represents 31% of estimated global need and a 45% improvement over 2006. Inequities in the health care systems and infrastructures of many high prevalence developing countries have resulted in proactive companies providing Voluntary Counselling and Testing, Anti-Retroviral Treatment, support and other disease management activities. HIV/AIDS management for companies in these countries is often well-embedded into the organisation and business risk management process.

The following examples were identified through background research:

  • In April 2009, pharmaceuticals GlaxoSmithKline and Pfizer announced an agreement to pool resources and create a new “world-leading specialist company dedicated to the research, development and commercialisation of HIV medicines.”
  • In May 2009, the UN Population Fund (UNFPA) and the international fashion retailer HM announced a partnership to call attention to the issue of HIV among young people. HM chose UNFPA as one of the recipients of its 2009 Fashion Against AIDS (FAA2) campaign. As a result, the retailer will give the agency 25% of donations to the campaign to support UNFPA’s HIV prevention projects in Bahrain, Egypt, Oman and Turkey. HM has launched the FAA2 campaign with the organization Designers Against AIDS, which aims to raise AIDS awareness using elements from pop culture.

Identifying the dilemma

How does a company implement effective disease management programmes, but at the same time ensure it respects the right to privacy and non-discrimination of employees in personal and career development?

The following have been identified as possible components of this dilemma:

  • Overlap with government responsibility
  • Maintaining participant adherence rates
  • Alignment with social investment activities
  • Where to “draw the line” i.e. what is the scope
  • Education to eliminate stigma
  • Harassment and violence against those with HIV/AIDS


Comment or share a dilemma (1 Least significant » » 5 Most significant)