THE Legal Assistance Centre is up in arms over scholarships that make it compulsory for prospective students to undergo an HIV test.
In the latest case the Ministry of Education advertised a scholarship for the City University of Hong Kong in local dailies.One of the conditions is that candidates have to undergo HIV tests.The Legal Assistance Centre said it is concerned that the advertisements are in violation of an individual’s autonomy, bodily integrity and human dignity, as they compel them to undergo an HIV test contrary to the Namibian Constitution.’It is discriminatory contrary to Article 10 (2) of the Constitution as it has the effect of treating people who are HIV differently and it is not permissible under any law and is expressly prohibited by the Namibian national policy on HIV-AIDS,’ the public interest law organisation said in a statement released in Windhoek.The LAC said it does not believe that any positive results will be achieved by the violation of prospective students’ rights.’We are convinced that any individual or institution making offers in Namibia is bound by the laws of the country despite them being outside our jurisdiction,’ it said.The human rights organisation said public health policies of foreign entities or countries cannot override Namibia’s laws on non-discrimination and equal opportunity.’We call upon the Ministry of Education to withdraw the said advertisements and replace them with one that is non-discriminatory and in line with our commitments under international and national laws and policies. ‘The current contents of the advertisements will not withstand a constitutional challenge in a court of law,’ the LAC said.
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