Society's acceptance of people with AIDS remains limited. The charity organization "Zhihang Foundation" developed an AIDS embracing care initiative in Guangzhou, but there were few responses. Report by Liu Lin of the Yangcheng Evening News.
Article by Rabo Ping and Zhao Zhongwei of the Yangcheng Evening News. Intern Lin Tingting.
On the eve of the 23rd "World AIDS Day," the plaintiff in the much-anticipated "first case of AIDS employment discrimination," Xiao Wu (a pseudonym) from Anqing City, Anhui Province, submitted an appeal to the Anqing Intermediate People's Court through his proxy lawyer, seeking his right to employment. Meanwhile, Xiao Wu also sent letters to multiple AIDS prevention ambassadors, publicly appealing: "Please give people infected with HIV the opportunity to work, do not exclude them from society!"
Replay: Physical examination report ended the dream of becoming a teacher
Xiao Wu, who had just graduated from university this year, participated in the recruitment exam for teachers at schools directly under the jurisdiction of the Anqing Education Bureau. His scores in both the written and oral exams were leading. Upon receiving the physical examination notice, Xiao Wu believed that he would soon realize his dream of becoming a teacher. However, it was during the physical examination that problems arose - his HIV test came back positive. At the same time, the rejection letter from the Anqing Education Bureau also reached his hands. Xiao Wu filed a lawsuit against the Anqing Education Bureau.
On October 13th of this year, the case was heard in the Yingjiang District Court of Anqing City, Anhui Province. The defendant, the Anqing Education Bureau, argued that the recruitment examination "followed the civil service recruitment physical examination standards." According to the "Civil Service Recruitment Physical Examination Operation Manual," it is stipulated that: "Once diagnosed with HIV infection, the physical examination will be deemed as不合格."
On November 12th, the court made a first-instance judgment dismissing all the plaintiff's claims. The court stated: "According to Article 18 of the 'General Standards for Civil Service Recruitment Physical Examinations (Trial)', the plaintiff failed the physical examination, which does not meet the requirements of the 'Teacher Law' regarding the physical condition required for teaching."
Unsatisfied, Xiao Wu appealed to the Anqing Intermediate People's Court. Xiao Wu's proxy lawyer believed that the first-instance court's ruling avoided the core issue of the case, namely whether the general standard for civil service recruitment physical examinations violated higher-level laws, and the court did not respond.
Expert: Are "industry norms" more important than laws and regulations?
"The defendant applied for the position of teacher, not civil servant, so the 'Civil Service Recruitment Physical Examination Operation Manual' should not be used as a standard," pointed out Xiao Wu's proxy lawyer. Hiring teachers according to the civil service physical examination standard to reject people infected with HIV is illegal.
Yu Fangqiang, head of the anti-discrimination public welfare organization Beijing Yirenping Center, believes that many units choose to follow the provisions of the 'Civil Service Recruitment Physical Examination Operation Manual' when conducting physical examinations, but such references currently lack legal support. "If all industries hire people according to this standard, people infected with HIV will be unable to find any work."
Investigation: Health discrimination becomes a stumbling block for employment
In May 2010, the Constitutional Studies Institute of China University of Political Science and Law released a survey on employment discrimination in national civil service examinations, showing that health discrimination and age discrimination accounted for 100%.
"Why is my fate so bitter?" Xiao Wu said, unable to determine how he became infected with HIV. Now, he hasn't yet recovered from the pain of being infected with AIDS, and he has to face the reality of being rejected for employment. "I really want this job; if you don't let me work, you are depriving me of my right to survive."
On November 13th, the Beijing Yirenping Center separately sent a 5000-word recommendation letter to the Ministry of Human Resources and Social Security and the Ministry of Health, recommending revising the 'General Standards for Civil Service Recruitment Physical Examinations (Trial)' to protect the equal employment rights of people infected with HIV. The letter recommended that relevant discriminatory clauses in the standard be deleted or revised as soon as possible.
■ Social Perspective
Social discrimination affects case judgments
Even before the verdict in Xiao Wu's case, the first case of AIDS employment discrimination in China, some lawyers shook their heads, indicating that Xiao Wu's chances of winning were slim. "Social discrimination still exists, which will affect the court's judgment."
On the internet, although many people sympathize with Xiao Wu's situation, almost everyone unanimously admitted that if their colleague or classmate was infected with HIV, they would still be concerned. "Although I know that daily life and work contact will not lead to HIV infection, there might still be some resistance in my heart," said netizen Issac.
Netizen "State-Owned Enterprise Veteran" expressed that although they could accept someone infected with HIV as a colleague, they would suggest transferring him to a non-frontline position, "engaging in teaching research or other logistical work," with less "intimate" contact with colleagues or students.
Discrimination deepens the "fear" impression of AIDS
A report titled "Investigation of Discrimination Against People Infected with AIDS in China" pointed out that one-sixth of the infected had been refused employment, over 12% of respondents had experienced at least one instance of medical refusal, and among some respondents with children, nearly one-tenth claimed that their children had been forced to leave school.
Chang Kun, head of the Chinese Youth AIDS Network, believes: "Discrimination against people infected with HIV deepens the impression that 'AIDS is terrifying,' which not only hinders the prevention and control of AIDS but also becomes an unstable factor in society."
Refusal to hire infected individuals is to protect children
Despite being sued in court, the defendant, the Anqing Education Bureau, repeatedly emphasized, "We are recruiting school teachers who face so many children every day. Protecting the safety of children is naturally the top priority. The Education Bureau will absolutely not withdraw the decision of 'not hiring.'" He believed, "This is not employment discrimination, but protection for children."
Volunteer Shawn, who engaged in AIDS prevention publicity in Ghana, also expressed that every AIDS patient has an equal opportunity for employment, but if they apply for positions such as kindergarten teachers or healthcare workers, they should be firmly opposed. "Young children have low immunity, posing a high risk of infection."
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