Shandong Forbids Firing Due to HIV/AIDS – Public Opinion: We Cannot
Accept This
[China Youth Daily 2004.6.03]
The Shandong province people’s government has released a document calling
on work units to be notified and to adjust work positions if an employee
is infected with HIV or has AIDS and risks transmitting the virus in the
current position, but forbids ending labor contracts due to an employee being
HIV positive.
According to the head of the Shandong Health Department, surnamed
Wang, Shandong has to date not has a case of an HIV positive employee being
fired.
It is understood that between 1992 and march of this year, Shandong
discovered a total of 295 People with HIV or AIDS. There were 240 cases
by the end of September, 2003.
Legal professionals say that the health department will truthfully
report an patient’s status to his/her employer, in accordance with the
regulations in the Infectious Disease Law. But infection is not a crime,
and in order to protect the interests of the individual, work units are
forbidden from using this as a reason for firing and must protect the rights
of the patient.
However, for this law that embodies respect and humane care to
receive the approval of ordinary people may require some time. This journalist
interviewed a few average people, and none of them had any knowledge about
this rule. Even though more than half of them said they understood the
means of transmission for HIV, in answer to the question: “what would you
do if somebody you worked with had HIV or AIDS?” they still thought that
“of course the company should fire them, it’s terrifying to work with people
with HIV/AIDS”. There were even some who said that if the company didn’t
terminate the employment contract with the person with AIDS, they would
rather quit in order to avoid working with that person.
The regulation also stresses that the public must be made aware
of the means of transmission of HIV, in order to effectively spread prevention
knowledge, and that discrimination against people with HIV/AIDS must be
eliminated. Shandong’s prevention target is that, by 2005, 80% of urban
residents will have knowledge about HIV/AIDS, along with 50% of rural residents,
and more than 85% of members of high risk groups.
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