Education and schools > Admission of learners to schools > Refusing to admit a learner to school > Can a learner be refused admission because they are HIV positive?
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Can a learner be refused admission because they are HIV positive?

Every learner has a right to be treated:

  • In the same way as other learners
  • With human dignity

Therefore no learner may be discriminated against on grounds of his or her HIV status.

There is a National Policy on HIV/AIDS for Learners and Educators which aims to respond to the wide variety of circumstances involving HIV/Aids in schools and to acknowledge the importance of SGBs, councils and parents in responding to this. Governing bodies are expected to implement the National Policy by developing and adopting an HIV/AIDS Implementation Plan. The National Policy deals with the following:

  • Non-discrimination and equality with regard to learners and/or educators with HIV/Aids
  • HIV/Aids testing and admission to schools and appointments of educators
  • Attendance at schools by learners with HIV/Aids
  • Disclosure of information and confidentiality
  • Creating a safe school environment to prevent risk of transmission of HIV/Aids, particularly during play and sport
  • Education of HIV/Aids
  • Duties and responsiblities of all learners, educators and parents
  • Consequences of refusing to study with or teach a learner with HIV/Aids, or to work with or be taught by an educator with HIV/Aids
  • School Implementation Plans
  • Health advisory Committees

You can find a copy of the full National Policy at www.education.gov.za