Acceso usuarios
Mariapaola Aimo
The paper concerns the conflict between the right to public health and the right to privacy of workers and applicants infected with the HIV virus or suffering from AIDS. Aids/Hiv specific fea-tures (i.e. standard condition of infection, lack of treatment, hight discrimination risks, etc.) justify the italian legislative choice of af-firming the prohibition of testing employees for the existence of antibodies to thís virus without their prevailing trend of banning general or limited high-risk groups compulsory screenings. The author tries to outline, on the one hand, the consequences of deci-sion n. 218/1994, through wich the italian Constitutional Court declared uncostitutional the before mentioned testing prohibition for jobs which bring with them a serious risk of ínfection. On the other hand, the essay analyses the ECJ case-law dealing with the right to privacy of HIV infectred employees (cases concerning only EC staff) and tries to compare the decisions delivered by the two Courts.
