The implementation of the SADC code on HIV/AIDS and employment in Mauritius: successes and prospects

Abstract

Purpose

The purpose of this paper is to provide a comprehensive overview of the implementation of the Southern African Community Development (SADC) Code on HIV/AIDS and employment in Mauritius. It focusses on the existing normative framework on HIV/AIDS and employment in Mauritius and the ways in which adopting various aspects of the SADC Code could further bolster the framework for more effective protection of people with HIV/AIDS at the workplace.

Design/methodology/approach

The methodology used is based on a mix of the legal research method and case study analysis. The SADC Code is analysed, and its application and relevance to the Mauritian context are assessed.

Findings

The implementation of the SADC Code into the Mauritian legal framework is still at its infancy. Despite being a state party to it, Mauritius has not done much towards the domestication of the Code which explains the incomplete protection of employees with HIV/AIDS at the workplace from discrimination.

Practical implications

This paper serves as a tool for civil society organisations and other stakeholders to understand the SADC Code and also to engage in a debate related to its implementation in Mauritius.

Originality/value

There has been dearth of literature on the legal aspects of HIV/AIDS and employment in Mauritius. This paper serves as a platform on which this debate can be initiated and continued.

Citation

Mahadew, R. (2020), "The implementation of the SADC code on HIV/AIDS and employment in Mauritius: successes and prospects", International Journal of Law and Management, Vol. 62 No. 4, pp. 355-364. https://doi.org/10.1108/IJLMA-02-2018-0030