From: rastern@sol.racsa.co.cr
Date: Sun, 2 Nov 1997 18:15:36 -0600 (CST)
Subject: AIDS DISCRIMINATION: Costa Rica


November  2nd, 1997
San José, Costa Rica

 COSTA RICAN  TEACHER WITH AIDS FIGHTS  TRANSFER ORDER

By Richard Stern

      Costa Rican  teacher, Minor Navarro, currently ill with AIDS,
was transferred last March from the school where he had worked for three
years, when school personnel became  aware of his HIV status, and there is
no law or policy which prevents this  from happening to other teachers.

       Navarro, 33 years old, had worked for 3 years in the "Escuela Central
de Three Rios." an elementary  school. Because of  medically necessary
absences, he decided to communicate  his HIV status to the  Director of  his
School,   Ines Cambronero Picado, in December of 1996,  shortly before the
Costa Rican year end holiday.  When the 1997 school  year
was about to begin in February,  Navarro called Cambronero, to  tell her
that he his health had improved and that he would be returning to work.  She
told him that he should rethink this decision.

        Apparently, when Navarro continued to insist  that he wished to
return to work, the Director held a meeting with various parents of  3rd
grade students that Arce was scheduled  to teach and encouraged them to send
a petition to the school asking for  Arce´s removal from the school.

          The petition signed by 33 parents was delivered to the principal
in late February.  In the petition the  parents stated that if  Navarro  was
allowed to return to his teaching post  "we will take the matter to the
press  in order to keep him from teaching our children."

          The Principal forwarded the petition to the Education Ministry
which then reassigned Navarro to an Administrative position  in Cartago
about 20 miles away from where he lived.  Navarro only became aware of  the
decision when he showed up for work during  "teachers week" and was told he
no longer worked at  the school.

          When Navarro  went to the Education Ministry in San José, he was
told by lawyers there that he had  no option other than to accept the
transfer in order to avoid a public  scandal.  At that point, unaware that
he  had any rights, he signed  a  letter accepting a  transfer to a school
near his family´s home in  the rural
community of  San Carlos. Subsequently  he decided to protest the Ministry´s
Action and has  filed an  appeal with Defensoria de los Habitantes, the
government´s ombudsmen  organization.   This appeal was filed on April 30th,
but the Defensoria has  yet to reach  a decision in the case.

         "This is typical of the kind of discrimination faced by people
living with AIDS here," said Guillermo  Murillo, President of the newly
formed Association of People Living with  AIDS. "The Education Ministry
acknowledges the incident occurred, and yet
they have done nothing to remediate  the damage done to Mr. Navarro.  

           Leonardo Rodriguez, a lawyer for the Education Ministry said that
there is no plan at present to create a policy to protect school employees
who are affected by AIDS.  "This is the only incident that we know of," he
said. "We see no reason to investigate further."

            Carlos Valerio, lawyer for the Defensoria de los Habitantes,
said he is working on the case and expects to have a resolution within a
few weeks, but AIDS activists have criticized the Defensoria for its slow
response in  cases involving HIV+ people.

            As for Navarro,  he is bitter but determined to continued his
struggle.   He says that even if he wins  his case, he has no desire to
return to his old school.  "But I would like  to protect other teachers from
having to experience the same nightmare that
I have experienced. And I think the Director of the school  should not be
able to get away with actions such as this." 

            Navarro  said he  has experienced no problems in the new school
where he has been assigned since March. Navarro has also filed an appeal in
Costa Rica´s Supreme Court in order to receive the new AIDS  medications
that he urgently needs.   

           (For more information,  contact Richard Stern or Guillermo
Murillo  at rastern@sol.racsa.co.cr. )