Poland’s Constitutional Tribunal has ruled that it was illegal to fire a policeman after it was discovered he was HIV positive.
In 2006, a policeman in Gdansk with eight years work experience voluntarily underwent a medical test, which proved that he was HIV positive. The doctor who conducted the test informed the Interior Ministry’s medical committee, who decided that the man was incapable of performing his duties as a policeman.
As a result, the police commissioner decided the man should lose his job..
The sacked policeman appealed against the decision to the Regional Administrative Court in the coastal city of Gdansk, however, claiming he had been discriminated against.
In March 2008, the court asked the Constitutional Tribunal to check whether an Interior Ministry policy dating back to 1991, which ordered the dismissal of HIV infected policemen, was in accordance with the Constitution.
The Constitutional Tribunal’s ruling means that it is illegal police for being HIV carriers. The ruling may set a precedent for workers in other public services. (mg)