The Social inability to work faced by insured people with HIV the importance of carrying out and valueing holistic expertise in the protection of social rights

Abstract

This article denotes the understanding adopted and the way in which two social security actions are carried out that aim to grant benefits due to work incapacity to HIV-positive insured persons. Firstly, the importance of social security provision in the effective protection of the social rights of those who are unable to promote their own subsistence is discussed. Next, it deals with social segregation resulting from the diagnosis of HIV/AIDS and the social barriers faced by those with the virus when trying to enter or remain included in the job market. Subsequently, similar concrete cases are analyzed, demonstrating the different conduct of the judges in the management of the processes, showing that there is an overvaluation of the medical expert evidence in the formation of the conviction of the judgment and this has a negative impact on the merit of the demands, therefore, on the social rights of the jurisdiction.