The civil servant should remove the discriminatory standard while entering

The civil servant should remove the discriminatory standard while entering the physical examination of the duty
On July 3, discriminate against the relevant legal problem seminar and is held in Beijing in AIDS employment, the expert participating in the conference appeals for revising " universal standard of physical examination that a civil servant is employed ", protecting the HIV-positive's equal employment right. The alliance of person who is carried by Chinese HIV of this seminar, Chinese AIDS preventing and controlling association initiate, people's congress and research center of the parliament of Peking University, the constitutional government research institute, Tsing-Hua University hygiene law research center of China University of Political Science & Law, public health spa of Tsing-Hua University hold.

The infeted are still discriminated against by employment

In 2010, Anhui Province, Sichuan Province, 2 HIV-positives, will apply for teacher's position, the government administrative organ that is responsible for admitting by examination cancels its qualification according to " universal standard of physical examination that the civil servant is employed ". These 2 the infeted litigate, lose a lawsuit finally for this.

2005, Ministry of Public Health and personnel department at that time (its function was accepted by human resources and social security department now) Jointly release " universal standard of physical examination that a civil servant is employed ". The intersection of standard and 18th regulation this, every suffer from gonorrhoea, syphilis, soft to lay infantile malnutrition, venereal disease lymphocytic the intersection of granulation and swollen, condyloma acuminatum, genital bleb, AIDS person, regard as the physical examination not up to standard. And " regulations of AIDS preventing and controlling " which the State Council released stipulated in 2006, " legitimate rights and interests such as the marriage, employment, seeking medical advice, entering school that HIV-positive, AIDS patient and his relative enjoy,etc. are protected by law " . In 2007 " the employment of the People's Republic of China promotes the law " to stipulate: " the employing unit employs and uses personnel, can't refuse to be employed on the grounds that it is a pathogen carrier of infectious disease " .

The intersection of alliance and total the intersection of coordinator and forest Meng, HIV-positive of Chinese, say: "As one the infeted, personal experience over the past 16 years and witness very important, not positive change that our country take place in treating and curing the policy in AIDS I. But at present, the infeted still face the enormous pressure in exposing in economy, social communication, personal secrets etc.. Hope government and the society can really pay close attention to our employment, right of seeking medical advice, can let us obtain employment normally, can support oneself, can survive. "

Venereal disease and AIDS, Center for Disease Prevention and Control of China, prevent the Wu Zun Professor friend, director of control centre, and say, a large amount of biological study verify to it propagates routes to be through blood, by sexual life, pass 3 of mother and baby mainly HIV already. By the look of AIDS epidemiology data over the past 30 years, there is no spread beyond these 3 routes.

Everyone's rights should be all safeguarded in accordance with the law

Will it be March this year, famous Li, expert of law, write to Ministry of Public Health, propose, revise " civil servant employ universal standard of physical examination ". Reason, standard this and " whether infectious disease prevent and cure law " and " the intersection of AIDS preventing and controlling and regulation " conflicts, and " employment promotes the law " to conflict in the country, sign International Labour Organization of the United Nations acceded to to " discriminate against the convention with China against the employment, job " to conflict.

Lee's opinion, national legal system will be unified. Can't it stipulates to be can't on employment to under the the intersection of HIV-positive and situation that another eyes treat in fundamental laws and principles, law and administrative statute, and then issue the regulation contradicting with it. Though this kind of phenomenon is a phenomenon when makes the transition, should find one and correct one. The intersection of public health and work want, change, pass by that kind only with a view to manage convenient thinking.

Chinese AIDS information network person in charge Professor Wang RuoTao thinks, the standard of physical examination should basically follow 2 principles to obtain employment, the first can be competent at, disease or health fulfilling the duty normally that if there is influence, then the physical examination is not up to standard; The second causes others or may cause danger in fulfilling the duty, it is not up to standard to regard as. These 2 principles are absolute standards in physical examination standards, should be observed.

RuoTao Wang propose administrative department issue what what do physical examination not all right briefly issue file, and should put forward the principle at the same time and announce clearly what the principle of physical examination is, distinguish AIDS patient from HIV-positive.



The civil servant should remove the discriminatory standard while entering the physical examination of the duty