The plaintiff's appeal in the first case of AIDS employment discrimination

Experts are worried that losing the case in the first instance has long misled the public, believing that people infected with HIV cannot engage in normal work, thus aggravating discrimination against this group. "this may set back our anti-discrimination work against AIDS by decades!" A few days ago, Xiao Wu once again attracted public attention as the protagonist of the first AIDS Anti-Discrimination case. At 3: 00 p.m. on November 29, he went to the Anqing Intermediate Court through his agent and submitted an appeal on the spot.

Xiao Wu, a graduate of a normal university, passed written tests and interviews in the 2010 teacher recruitment examination at the Municipal School of Anqing in Anhui Province. After the process of physical examination, he tested positive for HIV and was refused admission by the education department. Subsequently, Xiao Wu took the Anqing Bureau of Education and the Bureau of Human Resources and Social Affairs to court.

On October 13 this year, the case was heard in Yingjiang District Court, Anqing City, Anhui Province. On November 12, the court ruled at first instance, rejecting the claim of the plaintiff Xiao Wu. Xiao Wu expressed dissatisfaction with this remote control vibrator , and he was full of confidence in the outcome of the future appeal. Through Yu Fangqiang, director of the Anti-Employment Discrimination legal Aid Center of the Yirenping Center in Beijing, he repeatedly said: "Discrimination is a wall and many people need to hit it one by one."

Earlier, the Yingjiang District Court in Anqing City, Anhui Province, issued an "Administrative judgment" on the case, saying that "according to Article 18 of the General Standard for Medical examination for the recruitment of Civil servants (for trial implementation), the plaintiff did not pass the physical examination and did not meet the requirements of the Teachers Law on the physical conditions of the teacher profession."

In an interview with Caixin reporter, Yu Fangqiang questioned the verdict of first instance. He believes that at present, Chinese laws women vibrator , administrative regulations and the Ministry of Health do not explicitly restrict HIV-infected people from working as teachers. The Teachers Law applied by the court of first instance only stipulates the qualifications of teachers in principle, but does not restrict the access of HIV-infected persons. Therefore, from the perspective of legal application, the Law on the Prevention and treatment of Infectious Diseases, the Employment Promotion Law and the regulations on the Prevention and treatment of AIDS are more applicable to this case.

Yu Fangqiang stressed: article 10 of the interim regulations on Open recruitment of personnel in Public institutions clearly stipulates that "Public institutions shall not set discriminatory conditions for open recruitment of personnel."

Xiao Wu believes that the government's recruitment behavior, including the application of medical examination standards, must be carried out in accordance with the law under the authority of the law. Up to now, laws and administrative regulations do not authorize the recruitment of teachers to apply or refer to the medical examination standards of civil servants. Therefore bbw dildo , it is "inconceivable" that the Administrative judgment takes the General Standard for Medical examination for the recruitment of Civil servants (for trial implementation) as the applicable standard.

Although Xiao Wu is full of expectations for the prospect of the appeal, Zhang Ke, a member of the AIDS expert group of the Ministry of Health and the attending physician of infectious diseases in Beijing Youan Hospital, told Caixin reporter that he was pessimistic about the outcome of the appeal in terms of the current situation.

At the same time, he is more worried that losing the case in the first instance has already misled the public, believing that HIV-infected people are unable to engage in normal work, thus aggravating discrimination against this group. "this may set back our anti-discrimination work against AIDS by decades!" Zhang Ke said.

Army, a visiting researcher at the Civil Society Research Center of the Chinese University of Hong Kong, pointed out that in this case, Xiao Wu "had to" conduct HIV testing, violating the internationally accepted criterion of voluntary HIV testing. There are loopholes in the judgment of the first instance. HIV-infected people have the right to prohibit compulsory testing and strengthen the protection of privacy perfect ass , which has not been respected.

As a person infected with HIV who has been dismissed many times and advertised publicly for a job, Ma Zhifa has been following the progress of the first case of anti-discrimination against AIDS. "regardless of the outcome of the appeal, there are nearly one million people living with HIV / AIDS behind Xiao Wu. We should keep a normal mind, return to society, and find a new position!" Ma Zhifa said.

On November 29, Xiao Wu sent an open letter to Pu Cunxin and other domestic AIDS prevention and control ambassadors, in which he said that he would continue to "fight to the end" and shouted: "the infected person is not terrible, we can be teachers. We can do many kinds of work without being affected at all, please don't exclude us from this society!"
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