A right-based approach to labour migration of People Living with HIV from India to the United Arab Emirates: Proposing an alternative legal and policy framework
Date
2023-12-15
Authors
Kaul, Abishek
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Abstract
The emergence of the HIV epidemic marked a pivotal moment in the late twentieth century, akin to other global health crises, exposing significant tensions between civil liberties and public health on a global scale. Throughout history, human mobility has consistently been identified as a key factor in the spread of infectious diseases. Despite over seven decades passing since the establishment of the Universal Declaration of Human Rights (UDHR), People living with HIV (PLHIV) still confront discrimination in their cross-border movements and migration for employment.
These impediments manifest in various forms, including discriminatory practices, the erosion of human rights through quarantine measures, and constraints on the mobility of low-literate, blue-collar foreign laborers. In response to the epidemic, countries like the United Arab Emirates (UAE) have implemented laws such as Federal Law 14 of 2014, outlining a policy framework that mandates HIV testing for migrant workers. This legislation has significantly influenced the recruitment of foreign workers to the UAE, particularly those originating from India, which constitutes the largest migrant workforce in the country. Persistent issues such as temporary employment contracts, safety concerns, and the violation of socioeconomic rights for foreign workers within the host nation, coupled with discriminatory immigration laws, have consistently been spotlighted by both local and international media. The objective of this thesis is to establish a connection between migration governance, regulations, healthcare accessibility, equity, and human rights. The aim is to formulate an actionable framework that can serve as a basis for safeguarding the rights of Indian workers with communicable disease in the UAE.