Skip navigation
Accessibility Options : [ text size: A | A| A | style: [ Default | White ]

HIV

You are here: Home → HIV
title picture for HIVThis section of the site contains more information on how the Disability Discrimination Act (DDA), as amended by the DDO 2006, can affect individuals with HIV, and the duties on employers, schools, colleges, universities and service providers to ensure best practice.

If you have a disability yourself, are the parent or carer of someone with a disability, or support or advise people with disabilities, the new law may affect you as it provides new rights. If you are an employer or service provider who has to comply with disability discrimination law, the DDO may have implications for the way you treat disabled job applicants and employees, pupils, students or customers.

This is not a complete guide to the resources and information available and we would welcome any comments or suggestions for further links in the your say section of the website.

How has the definition of disability changed?

In the Disability Discrimination (Northern Ireland) Order 2006 (DDO), the definition of disability was changed to cover people from the point of diagnosis of HIV.

The DDA defines disability as 'a physical or mental impairment, which has a substantial and long term adverse effect on a person's ability to carry out normal day-to-day activities'. From 31 October 2007, the rules for people diagnosed with HIV became simpler. Before this, there were special rules for people with progressive conditions which meant they had to prove they had symptoms which affected their day-to-day activities. Now, people with HIV have protection from disability discrimination from the point of diagnosis and they do not have to prove it affects their day-to-day activities. The law was amended as research had shown that considerably more people with HIV were finding it difficult to meet the statutory definition in the courts.

People who have been diagnosed with HIV now have the protection of this law which aims to end discrimination and prejudice against disabled people and people with long term health conditions.

Anti-discrimination legislation like the DDA seeks to break down the structural and attitudinal barriers, stigma, ignorance and fear of HIV which has prevented people with HIV from accessing work, staying in work, accessing services, housing and educational opportunities.

Information for a person with HIV

Do you think you have been discriminated against at work, in accessing services or housing, as a member of a union, at school or in further or higher education because of the diagnosis of HIV? If you are disabled, the Disability Discrimination Act (DDA) and the Special Education Needs and Disability (Northern Ireland) Order 2005 (SENDO) make it unlawful for you to be discriminated against in:

  • employment
  • access to goods, facilities and services
  • the management, buying or renting of land or property
  • education
Downloads
Download a guide for everybody - Revised |
Download our easy to read guide for disabled people |
More Information

What is a disability? |

What does the DDA mean for me? |
Do I have to declare that I have HIV? |
Reasonable adjustments in employment |
Your rights when accessing services and premises |
Your rights in school |
Your rights in further and higher education |
Information and support |

Information for employers

It is unlawful for any employer, regardless of size to discriminate against current, prospective or past employees. The DDO means that people with HIV are covered by the law from the date of diagnosis. This means employers have to make reasonable adjustments for people with HIV and direct discrimination against disabled people cannot be justified.

Downloads: Download an overview of employer's duties - Fact Sheet 6 - Revised

More Information What is a disability? (for employers) |
Disability discrimination in employment |
Reasonable adjustments in employment for people with HIV |
Information and support for employers |

Information for schools, colleges and universities

The Special Education Needs and Disability (Northern Ireland) Order 2005 (SENDO) is the law which relates to disability discrimination in education in Northern Ireland. SENDO and the Disability Discrimination Act (DDA) use the same definition of disability. Since September 2005, it is against the law for schools and institutions of further and higher education to discriminate against a pupil/student for a reason relating to their disability which it cannot justify. Disabled students and learners have rights not to be discriminated against and a right to reasonable adjustments in further and higher education.

Changes to SENDO in relation to further and higher education (from 1 September 2006) - Briefing document
Year: 2006 (70kb, 7 pages)

Summary guide to Disability Discrimination duties for the Schools Sector
Year: 2006 (1.8mb, 300kb, 36 pages)

More Information What is a disability? (for schools) |
Disability discrimination in education |
Reasonable adjustments for students with HIV |
More information and support |

Information for service providers and housing

Service providers have a duty under the DDA not to discriminate without justification against a disabled person. They have a duty to make reasonable adjustments to the way services are provided and they have to identify and overcome physical feature which make it difficult for disabled people to use their services. All services which are open to the public or a section of the public are covered by the DDA. It does not matter if the service is free or paid for.

More Information What is a disability? (for service providers) |
Changes to service provision |
Further information and support |

The HIV support centre is based in Belfast and can give information, training and publications on aids and HIV.

Myths about HIV

Check out the following websites in Great Britain for further information on myths about HIV.