Republika ng Pilipinas KAGAWARAN NG KATAR Department of Justice Manila DEPARTMENT ORDER NO. 7 SUBJECT : Guidelines on the Workplace Policy and Education Program on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome Pate MAY 16 2021 WHEREAS, Republic Act (RA) No. 8504, otherwise known as the “Philippine AIDS Prevention and Control Act of 1998” declared it to be a policy of the State to promote public awareness about the causes, modes of transmission, consequences, means of prevention and control of Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) through a comprehensive nationwide educational and information campaign to be conducted in all workplaces, among others; WHEREAS, Section 6 of RA No. 8504 required that all government employees be provided with the standardized basic information and instruction on HIV and AIDS, which shall include topics on confidentiality in the workplace and attitude towards infected employees and workers, WHEREAS, the Civil Service Commission (CSC) issued Memorandum Circular No. 11, series of 2013, entitled “Guidelines in the Implementation of Workplace Policy and Education Program HIV and AIDS", which required all government agencies to integrate in their health programs information on HIV and AIDS and to submit annually to the Philippine National AIDS Council (PNAC) a report on the status of their respective Workplace Policy and Education Programs on this; WHEREAS, RA No. 11166, otherwise known as the “Philippine HIV and AIDS Policy Act,” was signed into law by the President on 20 December 2018 and took effect on 25 January 2019; WHEREAS, Section 55 of RA No. 11166 expressly repealed RA No. 8504 but continued to recognize the right of public and private employees and of employers to be given education on HIV and AIDS in the workplace;WHEREAS, RA No. 11166 further recognized that HIV and AIDS are public health concerns and expressly declared that HIV and AIDS education and information dissemination form part of the people's constitutional right to health; WHEREAS, the PNAC continuously requires government agencies to submit their annual reports on the status of their respective Workplace Policy and Education Programs on HIV and AIDS in accordance with CSC MC No. 11 series of 2013, despite the repeal of RA 8504; WHEREFORE, pursuant to the provisions of RA No. 11166, its Implementing Rules and Regulations (IRR), as well as the CSC MC No. 11 series of 2013, these Guidelines on the Workplace Policy and Education Program on HIV and AIDS are hereby adopted. Other bureaus and agencies attached to the Department are enjoined to likewise adopt and implement their own guidelines that are age- appropriate, culture-sensitive and gender-responsive. |. TITLE AND SCOPE These guidelines shall be known as the Guidelines on the Workplace Policy and Education Program on HIV and AIDS. These shall apply to all the offices, programs and services of the Department of Justice. ll, WORKPLACE POLICY AND EDUCATION PROGRAM A. Information, Education and Training. Consistent with RA No. 11166, the Department recognizes that HIV and AIDS education and information dissemination form part of the people's right to health. Towards this end, the Administrative Service shall ensure that all personnel to be hired by the Department shall be provided with a standardized basic information and instruction on HIV and AIDS, including topics on confidentiality in the workplace and reduction or elimination of stigma and discrimination in the workplace. It shall likewise ensure that Information Education and Communication (IEC) materials like brochures or pamphlets containing information about HIV and AIDS, its causes, modes of transmission, prevention, and consequences of infection are readily available and accessible for personne! already on board. IEC materials developed and/or endorsed by PNAC and/or DOH may be used as reference to further intensify the information and education drive on HIV and AIDS within the Department. In coordination with the PNAC and/or the CSC, the Undersecretary andlor Assistant Secretary in-charge of the health cluster of the Department shall take the lead in undertaking HIV specific information education and training activities, including but notlimited to seminars and symposiums for personnel discussing the following major topics, among others: Basic information on HIV and AIDS. Modes of HIV transmission; Prevention and control of HIV and AIDS infection; Confidential information and privacy; Promotion of non-discriminatory and non-stigmatizing attitude toward people living with and affected by HIV (PLHIV) and AIDS; 6. Voluntary soupecting and testing; 7. RA No. 11166 and its IRR, with emphasis on the provisions relating to government personnel and the workplace; and 8. Existing workplace policies related to HIV and non- discrimination, faoOnNo The Training Division, in coordination with the Undersecretary and/or Assistant Secretary in-charge of the health cluster of the Department, shall ensure that seminars discussing the above- mentioned topics shall be conducted at least once a year Non-Discriminatory Policies and Practices. The Department recognizes that HIV-related stigma and discrimination in the workplace may cause personnel to refuse to get tested, disclose his/her HIV status, access treatment, or stay in care, which undermine al) efforts to end the HIV pandemic. Thus, it is hereby declared to be a policy of the Department to promote a workplace environment that is free from HIV-related stigma and discrimination. The Department abhors policies and practices that discriminate on the basis of perceived or actual HIV status of its personnel Accordingly, the following acts and practices are strictly prohibited | 1. Rejection of job application, termination of employment, or other discriminatory policies in hiring, provision/denial of employment and other employment-related benefit, promotion transfer or work assignments of an individual solely or partially on the basis of actual, perceived, or suspected HIV status 2. Compelling of requiring any personnel or job applicant to undergo compulsory HIV testing or to present HIV test result for whatever purpose:3. Disclosing of confidential information as defined in Item Ii paragraph C below, without written consent of the personnel subject of the confidential information, by any employee or official of the Department in possession thereof, and/or whose work or function involves the implementation of these Guidelines or of any HIV-related services and activities; 4. Bullying in all forms, including name-calling, upon any personnel based on actual, perceived, or suspected HIV status. For te purpose, bullying shall refer to any severe or repeated use by one or more persons of a written, verbal or electronic expression, or a physical act or gesture, or any combination thereof, directed at another person that has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to one’s property; creating a hostile environment for the other person; infringing on the rights of another person; or materially and substantially disrupting the processes or orderly operation of the Department of any of its offices; and 5. Other similar or analogous discriminatory acts. C. Confidentiality and Privacy, Waiver and Exceptions. ‘The Department guarantees the confidentiality and privacy of any personnel or any individual who has been tested for HIV, has been exposed to HIV, has HIV infection or HIV and AIDS-related illnesses, or was treated for HIV-related illnesses. Consistent with Section 44 of RA No. 11166, the following are considered violative of the confidentiality and privacy policy of the Department 1. Disclosure of confidential information that a personnel of the Department has HIV and AIDS, has undergone HIV-related test, has HIV infection or HIV-related illnesses, or has been exposed to HIV, without written consent of the said personnel. Disclosure of any information that will reasonably identify the personnel subject of the confidential information mentioned in the preceding paragraph shall likewise be considered as a violation of confidentiality and privacy; 2. Compelling or requiring any job applicant or personnel to disclose any HIV-related personal or medical information, verbally or in writing, including the inclusion of any question in 4pre-employment forms, personal data sheet or other employment documents that will necessitate the disclosure of the said information; and 3. Disclosure of confidential HIV and AIDS information is strictly prohibited unless the subject of the information has voluntarily waived his right in writing D. Work Arrangements. Subject to the provisions of Omnibus Rules Implementing Book V of Executive Order No. 292 and other related issuances of the CSC. the Department shall, as much as possible, accommodate any application for leave or request for flexible working hour of any PLHIV to allow medical visit, treatment or access to health services E. Diagnosis, Tisatndh and Other Initiatives. The Department ensures that access to HIV prevention, care and treatment by any personnel shall be confidential and stigma-free. The Undersecretary and/or Assistant Secretary in-charge of the health cluster of the Department may, in coordination with the PNAC andlor the Civil Society Organizations (CSOs) which are also members of the PNAC, enter into partnership with relevant agencies, offices or treatment hubs to ensure access of the Department's personnel to preventive, diagnostic, and treatment services for HIV and AIDS in any pivbte end goverment heath service providers, The Underse¢retary and/or Assistant Secretary in-charge of the health cluster of the Department shall conduct activities and promote programs meant to prevent or reduce transmission of HIV, including voluntary HIV testing and counseling in the workplace F. Responsil ities of the Department. In general, the Department shall Guidelines on Workplace Policy and Education Program on HIV and AIDS; 2. Continuously educate its personnel on HIV and AIDS to reduce and ultimately to eradicate discriminatory and stigmatizing attitudes towards PLHIV in the workplace; 1. Strictly vo monitor, evaluate and fund these 53. Ensure that its policies and programs on HIV and AIDS are made known to all its personnel, 4. Observe and maintain utmost confidentiality of all information and records pertaining to HIV and AIDS of its personnel in accordance with the provisions of RA No. 11166; 5. Refrain from requiring disclosure of the HIV and AIDS information or status of its personnel; and 6. Continue to improve its policies and programs on HIV and AIDS G. Responsibilities of the personnel. In general, Department personnel shall 1. Refrain from doing any discriminatory and stigmatizing act against their co-workers solely or partially on the basis of actual, perceived, or suspected HIV status; 2. Respect at all times the right to privacy of PLHIV or any personnel who has been tested for HIV, has been exposed to HIV, has HIV infection or HIV-AIDS related illnesses, or was treated for HIV related illnesses; and 3. Share correct information on the prevention and control of HIV and AIDS with their respective partners, families and communities based on current and updated information on the disease. lll, EVALUATION AND MONITORING The Undersecretary and/or Assistant Secretary in-charge of the health cluster shall monitor the implementation of these Guidelines and shall endeavor to promote HIV and AIDS awareness in the workplace, conduct stigma and discrimination reduction activities, as well as to implement programs aligned with the government's response to the HIV and AIDS situation of the country. In compliance with CSC M.C. No. 11, s. 2013, the Undersecretary and/or Assistant Secretary in-charge of the health cluster of the Department shall submit to the CSC, copy furnished the PNAC Secretariat an annual report on the status of the implementation of these Guidelines and other programs on HIV and AIDS, not later than January 15 of every year. IV. FUNDING Aside from other budget sources, funding for HIV and AIDS programs may be sourced from the Gender and Development budget of the Department inaccordance with CSC M.C. No. 14, s. 2013, which recognized HIV and AIDS as a gender concem in economic and social development programs. V. ANNUAL OBSERVANCE ‘As proposed by the CSC in its M.C. No. 11, s. 2013, the Administrative Service, in coordination with the Undersecretary and/or Assistant Secretary in- charge of the health cluster, shall ensure observance of the following annual events ‘on HIV and AIDS: 1. International AIDS Candlelight Memorial on the third week of May; and 2. World AIDS Day on the 1* day of December. VI. EXPEDITED RESOLUTION OF HIV AND AIDS CASES In the interest of the service, the Office of the Secretary of Justice Prosecution Staff, all Regional, Provincial, and City Prosecution Offices are hereby directed to expedite the resolution of all cases falling under RA No. 11166. Vil. ADMINISTRATIVE PROCEDURE AND SANCTIONS. A. Simple Misconduct Any violation of the Department's policies on non- discriminatory acts and practices, as well as on confidentiality and privacy specified in Items Il (B) and (C) of these Guidelines shall be considered as Simple Misconduct punishable by suspension of one (1) month and one (1) day up to six (6) months depending on the gravity, for the first offense and dismissal from the service for the second offense. B. Constitution of the HIV/AIDS Committee An HIV/AIDS Committee is hereby constituted to be composed of the following Chair - Undersecretary and/or Assistant Secretary in- charge of the health cluster Member - Program Director of the DOJ Action Center Member - Chief of Personnel Division C. Applicability of the Rules of Court. The Rules of Court shall not apply to the proceedings under these Guidelines, except by analogy or in a suppletory character, whenever practicable and convenient 7D. Commencement of the Investigation. The administrative investigation may be initiated by the HIV/AIDS Committee motu proprio or upon a written complaint by any personnel against whom the discriminatory act complained of was committed or whose right to privacy of confidential information was violated The compiaint shail state the names and offices of the parties and a concise statement of the facts supporting the violation complained of. E. Order to Submit Arewer receipt of the complaint, furnish the respondent personnel with a copy of the complaint and require the latter to answer the same within a non-extendible period of ten (10) days from receipt thereof, furnishing the complainant with a copy of the answer and all supporting documents The scone Committee shall, within five (5) days from Submission of additional pleadings and/or clarificatory hearings may be required upon the discretion of the Committee. Any hearing conducted shall be recorded by means of any audio or visual recording equipment like tape recorders and video cameras The proceedings including the recordings shall be considered confidential. The minutes and recordings shall remain in custody of the Committee for safekeeping and eventual disposal after the resolution of the case. F. Investigation Report Within fifteen (15) days from receipt of the answer or from the lapse of the period without the respondent personnel filing an answer, the Committee shall submit to the Secretary its Investigation Report signed by the majority of its members with a draft Resolution stating clearly and distinctly the facts and the violation committed, if any G_ Resolution. Within thirty (30) days from receipt of the Investigation Report, the Secretary may either approve, modify, or reverse the Resolution, which shall be final and immediately executory Both parties shall be furnished with the Resolution signed by the Secretary. No motioi for reconsideration shall be allowedVill, SEPARABILITY. If, for any reason, any part of these Guidelines shall be declared unconstitutional or invalid, all other parts or provisions hereof which are not affected shall continue to be in full force and effect IX. EFFECTIVITY These Guidelines shall take effect immediately. oe MENARDOT. GUEVARRA Secretary Departinent of Justice en. 0202103097