Forum:

Constitutional Court of South Africa

Rights:

To work, to life, to an adequate standard of living

Marginalized Group:

People Living with HIV/AIDS

Action:

A person living with HIV/AIDS was refused employment as a South African Airways cabin attendant solely because of his HIV-positive status. The petitioner argued that the blanket exclusion of People Living with HIV/AIDS (PLWHA) violated his economic, social and cultural rights.

After finding on the basis of medical evidence that an asymptomatic HIV-positive person can competently perform the duties of a cabin attendant, the Court ruled that PLWHA “must not be condemned to ‘economic death’ by the denial of equal opportunity in employment” and ordered the airline to hire the applicant.