Human Rights Commission

The Commission is concerned at media reports that a young child has been excluded from a daycare centre because of their HIV status and urges the respective parties to take part in efforts by the Ministry of Education to resolve the issue. As with any issue involving children, the Commission urges all parties to act promptly, to act with compassion and to have the welfare of the children as the first priority.

It is unlawful to discriminate against a person under a range of grounds outlined in the Human Rights Act. On the face of it, the child’s caregivers could complain to the Commission on the ground of disability, with reference to one of the specific definitions in the act which states: “the presence in the body of organisms capable of causing illness.”

If someone believes they have been discriminated against they are urged to make a complaint to the Commission’s confidential and impartial Enquiries and Complaints Service where it can be assessed.