The first AIDS employment discriminating against case investigation - law has not shown the physical examination standard clearly

The first AIDS employment discriminating against case investigation - law has not shown the physical examination standard clearly
The first AIDS employment discriminating against case investigation - law has not shown the physical examination standard clearly
Reporter Zhou HaiBin of " China's economic weekly magazine "
Does Anhui An'qing report whether HIV-positives could be engaged in the teacher trade? The municipal bureau of education of Anhui Province An'qing provides the answer denied. However, the HIV-positive Xiao Wang (assumed name) Do not think so, he lodges a complaint against municipal bureau of education of Anhui Province An'qing, the workshops are called " Discriminate against the biggest case in AIDS employment " . At 9 o'clock a.m. on October 13, An'qing meets this case of the court trial of river district. The society in view of the judgement result of this case is of great effection, the court has not pronounced in court. It is introduced, the first instance result will be announced at the end of November at the latest. Not long after court's trial, Deputy Bureau Director of An'qing municipal bureau of education Wu GongHua has accepted the exclusive special visit of " China's economic weekly magazine ". He says, " we sympathize with him very much, but the kindred can not replace the law, we are recruited in accordance with the law. " "I hope Yao Ming, Peng LiYuan, Pu CunXin can express support on me to propagate the ambassador disclosing in the AIDS preventing and controlling. " Xiao Wang tells " China's economic weekly magazine ": "They only need say one sentence ' person living with HIV/AIDS can work as a teacher '. " Physical examination " not up to standard " Refuse, record will it be May 6 this year, An'qing municipal bureau of education release" An'qing directly subordinated school recruit Mr.'s announcement publicly 2010 ". On May 29, Xiao Wang joined the examination that the municipal bureau of education of An'qing organizes. Recruiting a teacher publicly this time and planning it as the examinations of 80, Xiao Wang successively passed written examination, interview. On July 12, Xiao Wang carried on the physical examination in the municipal hospital of An'qing. "We get the physical examination that the hospital offers and are shown ' not up to standard ' only, and tell him this result. He demands to reexamine. The hospital carries on the second check to him, the newspaper is accused of the centre by disease in An'qing, two physical examination conclusions are still not up to standard. Then the decision made ' physical examination not up to standard, refuse to employ ' of bureau of education. " Wu GongHua introduces, " first we do not know he is any disease, has not revealed any information about him himself to the outside either, have not told it either what disease I am. Later, we reported that just knew it was AIDS through the media. " Xiao Wang's physical examination result reveals it is HIV1 (one kind of them of HIV) The antibody is positive. But the Wu 's refuses to show the physical examination is single, " because this involves Xiao Wang's individual privacy " . Xiao Wang thinks, oneself is " person who carries HIV " in incubation period ,On the ability to work and other people are not any different, the bureau of education breaks the law with the behavior that will not be employed not up to standard of physical examination. The instrument of appeal requires the defendant to employ the plaintiff as the directly subordinated school teacher of An'qing. To refuse, record unreasonable can according to bureau of education. Reveal in the recruitment announcement released before this: " cancel and employ the qualification this time in the physical examination not up to standard according to " universal standard of physical examination that the civil servant is employed " " . The regulation that Wu GongHua quotes " universal standard of physical examination that a civil servant is employed " says, different from B-mode person who carries hepatitis virus, do not exist " The person who carries HIV " This concept, so there is no " person who carries HIV " Statement. This is because nearly 100% will have illness coming on after HIV infects. "So, the diagnosis that HIV infects is confirmed, namely do the conclusion of the physical examination not up to standard. " Venereal disease and AIDS of Chinese center for disease control prevent the control centre from treating and showing loving care for an expert insisting on anonymity of room and telling " China's economic weekly magazine ": " person who carries HIV " We seldom mention this statement, HIV virus divided into acutely and having no symptom and AIDS for three stages of people after infecting, our general formulation is " HIV the infeted " Or AIDS people. The intersection of venereal disease and AIDS, Center for Disease Prevention and Control of China, prevent the intersection of control centre and chief expert, virus and immune the intersection of chief of research office and a ring Shao, tell " China's economic weekly magazine ": " have statement of ' the person who carries HIV ', mean that all infect the person of HIV, including having illness coming on and having illness coming on (AIDS people) (used after an attribute); HIV 100% will have illness coming on infect, have special case, namely person who survive for a long time, the less people. Infect having illness coming on from HIV to 50% of the the infeted (average incubation period) Time about for year such as 7- 8,smaller than if you can't infect, have illness coming on yet after 20 year by 10%. " Consult a civil servant and admit the standard by examination " Discriminate against " In the court's trial, " the civil servant admits the standard by examination that an applicable teacher admits by examination " , " the civil servant is employed the universal standard of physical examination is legal " Become and argue the focus. The intersection of plaintiff and counsel one of, say while being flat by the intersection of Beijing and auspicious side Li, lawyer's office of wind, the teacher is not a civil servant, the teacher recruits and refuses to record HIV-positives illegally according to civil servant's physical examination standard. Wu GongHua has provided a pile of legal files related to the fact that the municipal bureau of education of An'qing is recruited for reporter, for instance " the the intersection of teacher and law ", " prevent and cure law by infectious disease ", " regulations implementing method of the qualification of teacher ", " implementing regulation of qualification of teacher of Anhui Province " provision, and point out there are clear requirements on health condition in the teacher post, the person with infectious disease or spiritual medical history can't be engaged in teacher's job. Wu GongHua introduces: "The physical examination standard that the country has not issued the public institution to recruit publicly, the regional government can make by oneself according to the needs of one's own work. " The reporter knows, An'qing issued in 2008 <>,Among them article 16 stipulates: " it is employed that the physical examination standard can consult a civil servant the physical examination " . Article 12 of Anhui Province personnel department " notice regarding the new staff member of public institution directly under the provincial Party committee disclosed the recruitment work " stipulates too: "The physical examination carries out the physical examination standard of civil servant of our province. " In the view of municipal bureau of education of An'qing, e civil servant is employed " publicly to stipulate in teacher's announcement that carries on the physical examination in applying for personnel according to " universal standard of physical examination that the civil servant is employed ", unify applicably to all applicants, does not exist and discriminate against. As to this, the intersection of plaintiff and counsel one of, can think to continue by the Huaihe River of Anhui river the intersection of lawyer's office and Zheng: "The employees of different trades have different health to require, the civil servant has civil servant's physical examination standards, teacher, have the intersection of physical examination and standard by all army and police, industrial and mining enterprises worker have different standard. Why must admit the applicable civil servant's physical examination standard by examination to the teacher? " One of the plaintiff counsels, the Li 's is flat to think, the HIV-positive (persons who carry) Enjoy the right of equal employment in accordance with the law. He invokes" employment promote the law " implemented from January 1, 2008 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. " Wu GongHua refutes: "This is a regulation of article 30 of chapter three that " employment promotes the law ", there is a word behind this legal clause that he quoted: ' But get rid of, infect in front of the suspicion before not curing by pathogen carrier, infectious disease of medical verification, can't engaged in law's, administrative statute's and health authority's of the State Council stipulating and forbidding? Post the money of mediocre bag and cancel �� quiet �� Tomb �� Ao! Is �� protected? "Quote a remark out of its context at it is at clauses legal in they, if you can't quote, have basically behind ' but '. " Wu GongHua emphasizes. The helpless bureaus of education and parties, in the fast and urbanized course, " An'qing supplements a teacher every year, we on schedule and relevant regulation recruit publicly, bureau of education, personnel bureau and Supervisory Bureau participate in jointly each time. The procedure of recruiting entirely depends on the rule legally. We have been doing things very rigorously all the time. " The municipal bureau of education of An'qing is very awkward now. "I think the society will really care about this classmate, will hope to protect his personal secrets well, hope he can treat actively, will find the suitable work as soon as possible at the same time. " GongHua Wu think teacher the post fit for he, " teacher in the face of the masses of students in middle and primary schools and particular post of minor piece, the country has particular requirements on qualification condition of this post, in order to be responsible for student, responsible for society, must carry out the national laws and regulations strictly. " The municipal bureau of education of An'qing thinks, the plaintiff, as an adult with totally civil capacity, has recruited clearly and participated in and registered under the situation of the announcement content, on indicating it would like to carry on fair play according to the unified standard. As party of case, Xiao Wang appear at court, until town calm deeply worried to wear course on the ground from one county outside the the intersection of An'qing and 200 more than of urban area he. For various reasons, from outside the province normal school he that universities and colleges of undergraduate course graduate being in one the intersection of school and contemporary the intersection of course and Mr., the salary has the meagre one about 1000 yuans only, can only eke out a living reluctantly. So, with the help of flat centre of benefit benevolence of Beijing, Xiao Wang has engaged in this lawsuit. Xiao Wang says: " this (go to court) that I think Is linked to with surviving, what if not there is not economic sourcing? My idea is very simple, want a good job, there can be money and cure the disease. " Whether during interviewing in An'qing, some the public is suitable for Xiao Wang as the teacher make one's own judgement. Parents of student, wild Chairman of baby's food company He Kun in Anhui tell reporter: "I am unwilling, are you willing it is your child? " Legal loophole or causing discriminating against AIDS of the United Nations and planning administration's data to reveal more, by the end of 2009, the person living with HIV/AIDS who our country has survived has had 740,000 people with patient. "If all trades and professions all recruit people according to civil servant's physical examination standard, the HIV-positive is unable to find any work. " The benefit benevolence in Beijing is flat for centre chief person in charge Yu FangQiang to say, discriminates against the phenomenon and emerges in an endless stream in employment, some policies remain to be complete, the policy loophole remains to remedy. Yes the lawyer explains that Zheng Ji: "" civil servant's physical examination universal standard " was made in 2005, later article 3 of " regulations of AIDS preventing and controlling " issued stipulated: Legitimate rights and interests such as the marriage which HIV-positive, AIDS patient and his relative enjoy, employment, seeking medical advice, entering school,etc. are protected by law. " employment promotes the law " article 30 stipulates: 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. After the regulations are announced, but related departments refuse to revise the regulatory file that is made by oneself. Hold the file of each department to stipulate that does not put, disappear and emphasize simply depending on law its behavior accords with regulations of document, what differences and deceive oneself to have? " "The new law is superior to the old law, old law, regulatory file must be revised in accordance with the new law, but some departments do not change even after stalling for a long time. " Lawyer can say Zheng Ji. Meanwhile, " the " regulation " country of teacher law implements the system of qualification of teacher " ,The teachers must all go on under the mandate of the law in accordance with the law to admit by examination and is suitable to apply the physical examination standards. But up to now, the laws and administrative statutes have not authorized the national administrative organ to admit by examination integrative to examine the standard where a teacher is suitable to apply or consult. " the the intersection of teacher and law " make stipulations to physical examination, and " whether infectious disease prevent and cure law " and " employment promote law " regulation can only make Ministry of Public Health infectious disease, limit " (forbid) Employment regulation. At present, Ministry of Public Health has not issued relevant regulations yet. " implementing method " the 13 provision " physical examination project stipulate for people's government administrative departments educationals provincial, among them must include infectious disease, psychosis project " ,But forbid all infectious diseases, forbid partly? Have not expressed clearly yet so far. "Break the applicable civil servant standard solid ice in different trades, involve the correct guide of the social values, only civil servant trade can't be the highest. " Lawyer can say Zheng Ji.


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