The State of Sao Paulo requires female candidates for teaching posts to provide the results of a pap smear. A recruitment method that arouses strong criticism.
If you dream of being a teacher in Brazil, make sure you are in good health before submitting your CV. Indeed, as the website tells Madame Figaro, in the state of Sao Paulo (south-east), the richest and most populous in the country, future national education officials must attest to their good health. Thus, when applying, women must attach to their curriculum vitae, the reassuring results of their last PAP (cervical smear) test in order to get the job. Only women who have never had sex can be exempted from this examination if they provide in return a “medical certificate attesting to their virginity.” ” But that’s not all.
A prostate exam for men
Because as the Brazilian website explains Ultimo Segundo, the Secretariat of Education of the State of Sao Paulo also requires candidates over 40 years of age a mammogram for women, and a prostate exam for men. The goal ? Make sure that aspiring teachers do not show warning signs of cancer.
With a very specific long-term goal. “Health inspections are planned to ensure, beyond technical competence, the physical and mental capacity of candidates to keep their job for an average of 25 years,” said the Secretariat of Public Administration of Sao Paulo in a statement, saying that these tests followed the recommendations of the Brazilian Ministry of Health for the recruitment of civil servants.
A violation of women’s rights chant the associations
Faced with this discriminatory recruitment policy, criticism did not take long to emerge. The National Secretariat for the Defense of Women’s Rights thus speaks of a measure violating the principle of equality and “human dignity”, but also the right to respect for private life. In a press release, he therefore wanted to let Brazilians know that: “a woman has the right to choose if she wants to take an exam that has nothing to do with her professional life. “
Another reaction received by Le Figaro, that of the activist for the rights of women Ana Paula de Oliveria Castro who declared that the results of the gynecological examinations constituted “very intimate information that a woman has the right to keep for herself” and that the rules decreed by the State of Sao Paulo “violate the rights of women. “
France: no obligation to declare your disability
In France, such a story could not happen. Because as the association reminds us Handipole : “There is no obligation to declare your disability or illness during a path of integration, to access employment, or in general to your employer. No discrimination in employment (access to employment, development in the company, level of salary, etc.) may not be applied for disability or illness, as stipulated in the laws against discrimination in the workplace. November 16, 2001 and May 27, 2008, ”she adds. The first lists 18 prohibited grounds of discrimination. Among them, the fact that a person is excluded from a recruitment or career management procedure (directly or indirectly) because of their state of health or their disability.
However, certain situations may require talking about it or indicating its beneficiary title, specifies the association. Because in certain cases, a disabled or sick employee can be made redundant. “This is the case during a declaration of unfitness: only the occupational physician can declare this situation, insofar as the state of health or the handicap poses a risk to the employee or to safety in the workplace. ‘business. “
However, even in the event of incapacity, the obligation of reclassification applies to the employer, “who must study all the measures necessary for retention in the company, including working hours (at the same post, on another position, in another establishment of the company or group, with or without accommodation). It is only in the event of a proven absence of possibility of reclassification that the employer can carry out a dismissal “because of incapacity” “, concludes the association.
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