Suzhou, a city in Jiangsu Province, recently introduced Measures to
Control and Prevent AIDS and VD in the area. The local regulation,
the first of its kind in China, clearly stipulates the rights and
duties of HIV/AIDS patients. Now, when the legitimate rights or
interests of an HIV/AIDS sufferer, or their families, come under
attack or are discriminated against by society, legal protection
can be sought.
Equal Rights for Education and Employment
According to the Measures to Control and Prevent AIDS and VD in
Suzhou, AIDS patients, HIV carriers and their family members have
equal rights to education, employment and privacy protection.
Article 23 of the Measures stipulates: HIV/AIDS victims and their
family members should not be discriminated against, and will have
the same rights to education, employment, health care and to
participate in social activities. The rights of sufferers' children
to education and employment shall also not be compromised. The
name, address, and private information of sufferers and their
families shall not be published or broadcast. Social institutions
will be requested to show due care and concern to these people, and
provide medical aid as necessary.
At
the same time, the regulation also stipulates the duties of the
HIV/AIDS victims to society. Patients must follow the advice of
their doctors and obey the instructions of the Disease Control
Department. In addition, the regulation stipulates that people
shall receive HIV tests as part of their health examinations before
marriage and during pregnancy. This is also the first time such
mandates have been introduced in China.
Wang Beijing, director of the law office to the First Hospital
Attached to Peking University, recounted that the Regulations on
AIDS Monitoring and Management, published by the State Council in
1987, and the Law on Prevention and Control of Infectious Diseases,
employed in 1988, make clear that any discrimination or publishing
of HIV/AIDS patient's private information, such as names, address
and telephone number are strictly forbidden. However, in reality,
these two regulations only provide protection of HIV/AIDS patients'
rights in principle. There are no details on how to protect their
rights, making it difficult to ensure the HIV/AIDS victims' civil
liberties are in fact defended.
Director of the Suzhou Public Health Bureau, Wu Zhanren, who took
part in drafting the Measures, says that the incidence of AIDS
throughout the world is still on the rise. Many citizens do not
have adequate knowledge of the disease and consequently lack the
necessary protection. The current methods of preventing the spread
of HIV/AIDS are weak and ineffective. Some illegal mountebanks have
falsely advertised cures for the disease, greatly disrupting the
market for potential treatments. Deputies from the People's
Congress, in Suzhou, and the Suzhou Committee of the Chinese
People's Political Consultative Conference have suggested
strengthening the management of HIV/AIDS through legislation many
times before. It has taken two years for the Measures to come into
effect after extensive consultation of relevant laws and
regulations including the Law on Prevention and Control of
Infectious Diseases, Regulations on Management of Medical
Institutions and the Law for Doctors.
Seeking Legal Protection Against Discrimination by
Society
Statistics show that from when the first HIV/AIDS victim was
identified in China in 1985, to the end of 2001, 30,736 people have
been infected with the disease. The number of AIDS patients
currently stands at 1,594, of whom 684 patients have died. These
patients and their family members have been treated as great
scourges on society for a long time.
Two instances are still fresh in Wang Beijing's mind. In the early
1990s, a man was found to be infected with AIDS when he took the
medical examination before entering a college in Dehong Dai
Autonomous Region, Yunnan Province. A debate ensued on whether or
not he should be allowed to enter the university in Kunming.
Opponents believed that it would be difficult for the Health
Department to monitor and treat him, while others believed that
every citizen should have equal rights to education. Although he is
an AIDS patient, he should not be deprived of his basic civil
rights.
A
doctor in Hebei Province became infected with HIV/AIDS while
working for a construction company in West Asia. He was asked to
move and his child was requested to change a school based on
information leaked by some doctors. Finally, the problem was
resolved by the government. "Because there were no laws or
regulations to ensure the rights of HIV/AIDS sufferers, patients
and their family were treated unjustly," Wang says.
Director Wu Zhanren says that according to the Measures, if an
individual or organization contravenes a person's or his/her
family's right to education or employment because of HIV/AIDS, the
patient can now use relevant regulations from either the Labor Law
or Civil Law to protect their legitimate rights and concerns. At
the same time, they must also bear responsibilities. For example,
if a person found to be infected with HIV/AIDS refuses treatment or
monitoring or attempts to take revenge on society in any way,
he/she would be considered in severe breach of the law.
Regulations to Curb the Spread of HIV/AIDS Through
Pregnancy
Progress has been made by clarifying the rights of HIV/AIDS
sufferers and their families through government regulations.
Director Wang Beijing believes that the protection of an HIV/AIDS
victim's rights is a basic premise for human dignity which should
be provided by our nation for our society. Not all HIV/AIDS
patients are infected due to unwholesome behavior. Blood
transfusions and pregnancy are also ways of contracting the
disease. Some AIDS patients are inculpable. It is necessary for the
government to draft laws and regulations to ensure the rights of
HIV/AIDS victims. The regulations made by the Suzhou government are
a tribute to current day law. The health examinations before
marriage and during pregnancy are important steps in safeguarding
the health of new couples and their children. This requirement will
also assist in effectively curbing the spread of HIV/AIDS through
pregnancy.
(china.org.cn by Wu Nanlan, October 25, 2002)