THOUGH its aim is to protect students and others against discrimination, the National Policy for HIV/AIDS Management in Schools prescribes no punitive sanctions for those who deny children access or dismiss students from school because of their HIV status, according to the Ministry of Education.

Dorrett Campbell, director of communications, says the ministry prefers to use moral suasion to deal with such matters, arguing that it is a better technique to counter stigma.

“It is very often more effective than punitive action and in the best interest of the students in the long run,” says Campbell.

“We try to protect the infected from hostile exposure.”

Campbell notes however that the Education Act and Regulations of 1980 does offer legal recourse to parents and guardians, where classroom access is denied.

Section 23 (2) of the law stipulates that no eligible child can be denied admission to school except where space is unavailable in that institution and on any other ground approved by the education ministry.

“Parents of children who have been denied access to or dismissed from school because their HIV/AIDS status is known, do have legal recourse under the judicial system,” Campbell said.

The HIV/AIDS in school policy still seeks to enforce the rights of students and school personnel who are affected by HIV/AIDS, but allows for broad discretion that might well defeat its purpose of countering discrimination.

The policy applies to all educational institutions, private and public.

It stipulates that no student should be dismissed, suspended or denied access to any statutory requirements on account of their HIV/AIDS status.

But it also has a rider which states “unless deemed a health risk”.

Campbell, explaining that since the nature of HIV allows for transmission of the virus through open wounds, the education community has to take special care to prevent this occurrence.

“The nature of HIV is that the health of the infected may visibly deteriorate drastically,” she said.

“Schools do not have the professional capacity to provide the necessary management, care and treatment for such a person. It would be in the interest of the person to be removed to a health institution where he or she can be properly cared for.”

Meantime, staff members who are living with HIV/AIDS should not be denied a promotion or appointment to a post.

The policy also strongly discourages the dismissal of an employee or refusal to renew an employment contract for this reason.

In terms of admission to an institution, neither students nor staff members should be tested on the basis of a prerequisite for admission or appointment or continuation of attendance.

And, no student, parent or educator is compelled to disclose his or her HIV/AIDS status to the institution or employer, and therefore cannot be ousted for not doing so.

However, persons who wish to disclose their status may do so to the appropriate authority, to which strict rules of confidentiality apply.

Unauthorised disclosure of this information could be punishable.

Through its guidelines, the policy also aims to consistently sensitise students and school personnel about HIV/AIDS as well as promote the use of precaution in all potentially infectious situations.

The policy also requires that schools develop and implement their HIV/AIDS action plans consistent with the Education Act to give operational effect to the policy.

Among other things, the school administration must disseminate information about the role of drugs, sexual abuse, violence and sexually transmitted infections (STIs), and about prevention measures including abstinence from sex and the use of condoms.

The latter is included despite strong protest from the education community in the past that to promote condom use was tantamount to encouraging students to engage in sexual intercourse.

Prevention measures must also be taken as it relates to sports even though the odds of transmission as a result of contact sports is insignificant.

The policy acknowledges, however, that certain contact sports may represent an increased risk, especially if the student or staff member has an open wound, sore or breaks in the skin, which may cause others to be exposed to infected blood.

As an exception to the discretionary rule to tell or don’t tell, the policy requires person with HIV/AIDS who participate in sports to seek medical attention in order to determine the degree of risk for transmission to other participants, as well as for their own health, before participating.

The document also strongly discourages speculation or gossip concerning any person that may be suspected of having HIV/AIDS.