Recently the Committee of the HIV/AIDS Prevention and Control of
the Hunan Provincial Government held a meeting on HIV. The
spokesman Chen Xiaochun, who is also the Deputy Director-General of
the Department of Health of Hunan, said that up until June 30 this
year, there have been 4378 people with HIV/AIDS in Hunan. Hunan
ranks as number 8 in China regarding the AIDS population. Of the
4378 people 826 are AIDS patients; 389 have died. The Hunan
government is currently planning to offer a quarterly HIV/AIDS test
for people employed as sex workers because AIDS spreads quickly
among this high-risk group.
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It is estimated that 70 percent of the people infected with
HIV haven't taken an HIV/AIDS test yet they are statistically
confirmed as AIDS carriers. This indicates a huge potential
population with HIV/AIDS. Most of this population belongs to
high-risk groups: drug addicts and sex workers. The public has
called for a nation-wide test to confirm infected people and to
reduce infectious sources. The call has been echoed via the planned
HIV/AIDS testing organized by Hunan Province authorities. In
particular they wish to test sex workers. From their point of view,
success depends upon targeting high-risk HIV/AIDS groups and
curbing HIV/AIDS prevalence more effectively.
Although effective, selective HIV/AIDS testing that targets a
particular place and group can be labeled as discrimination.
Despite the fact that HIV/AIDS rates are significant among sex
workers, the ratio of the AIDS patients to its working population
remains low. Testing the entire population of Hunan sex workers to
find a small percent of infected carriers reeks of disrespect and
discrimination.
Equality goes hand in hand with respect. Legal history is also
the history of freedom and equality. The enemy of equality is
discrimination, and the law is a weapon to fight discrimination.
When the rights and interests of the underprivileged groups are
threatened, the government needs more than any other time to
utilize legal, administrative and judicial power to help the
disadvantaged.
Early in 1990, the United States of America adopted the
Americans with Disabilities Act, a law applicable to people with
physical or mental impairment, as well as those carrying infectious
diseases. The Act forbids discrimination against them and
stipulates that employers are obliged to assign such people work
they are capable of, while providing all necessary conditions and
facilities. If an employee is discovered as an HIV carrier, no one
may disclose this information or it would be an infringement on his
privacy and a legal violation. Even if this information is
disclosed, as long as his illness does not affect his work
competency, the employer cannot dismiss him and moreover, must
provide the necessary conditions to prevent further infection. If
the employer fails to do so, he or she will be severely
punished.
In China, due to the incomplete legislation specific groups,
such as migrant workers, still don't enjoy the legal rights urban
residents have already received. Hundreds of millions of Hepatitis
B carriers in China have to put up with discrimination. They are
dismissed from workplaces under various excuses. Very few of them
file and win discrimination lawsuits. Moreover, people with
HIV/AIDS, a more serious disease, have even less hope of employment
once their illness is disclosed via mandatory government
testing.
HIV/AIDS will never be completely eliminated if people rely only
on mandatory testing within certain occupations, a particular
groups or even the general population. He Jinglin, an expert with
UNAIDS affirmed, "A nation-wide test is not necessary. What we
should do is to educate all our citizens about AIDS, just as we did
regarding like Hepatitis B. We must improve the prevention and
control systems regarding AIDS, especially in key regions and high
risk groups." The government should not resort to legal measures
and demand mandatory testing. Instead authorities should make
greater efforts to educate the public concerning AIDS prevention
and improve relevant public services.
(China.org.cn by Lulu, August 8, 2007)