HIV carriers in the country's first insurance companies were "discrimination" against
2009-07-09 20:24:00 Source: Information Kunming (Kunming)
  Kunming Information谢思思hearing reporters today (9) morning, the reporter AIDS ** insurance litigation case to the press conference was informed that the National HIV carriers were the first insurance company "discrimination" against, July 7, Li Wei, an official to the plaintiff Kunming Intermediate People's Court of Appeal.

2008 National李伟成the first insurance companies were "discrimination" of people living with AIDS. Lawsuit going on for almost two years, the "court as plaintiffs against me." Wei (a pseudonym) is an HIV-positive, in the first instance, he lost through his lawyer issued an open letter, "I am an ordinary policyholders, but also an AIDS virus carriers, if I purchased in accordance with the traffic accident injury insurance terms of the contract, from the beginning, I can not take out insurance cover for the enjoyment of the legitimate rights and interests should be made ... ... This is the stark, institutional discrimination, I hope that in the near future, we can get a fair insurance contract will have an equal social environment to work as a normal life ... ... "

July 7 this year, Li Wei, an official to the Kunming Intermediate People's Court of Appeal.

People living with HIV: Discrimination against insurance companies were

February 4, 2008, Li Wei, a well-known insurance companies to buy accident insurance card 2. The same day, Li Wei, activated by the insurance company to buy accident insurance cards, insurance policies on the record: Li Wei, the insured, the insurance period is at 0:00 on February 5, 2008 to February 4, 2009, when 24. For the protection of: the amount of traffic accident insurance: 200,000 yuan aircraft, trains, ships 50,000, 30,000 motor vehicles, non-traffic accident insurance amount: 25,000; accident medical insurance amount: 2,500 yuan. After Li Wei, inadvertently discovered a clause in the insurance policy in the exemption clause that read, "the insured person suffering from AIDS (AIDS) or infected with HIV (HIV positive), the payment of the insurance company, the responsibility ... ...." Li Wei's heart immediately, "thorn" a little, thin hands of a few policies suddenly become very heavy. Li Wei believes that the provision has a "clear discrimination", this is the thinking for themselves and for their families to buy a copy of ease, but such rights do not belong to him. May 2008, Li Wei, Yunnan commissioned汤荣on justice and law firm lawyers周大勇to insurance companies to court, asking the court to order that the exemption clause is invalid; and delete the discriminatory nature of the corresponding terms of the contract of insurance, and the spirit of the claims 10 solatium damages. August 28, 2008, Kunming五华区Court is not a public hearing on the HIV case against the insurance company. Li Wei, said in the complaint will be "suffering from AIDS or infected with HIV during the" war, military action, riots, armed rebellion and nuclear radiation, such as one of the conditions for a tie as a defense, obviously on AIDS and the discrimination of people living with HIV , born in violation of the principle of equality and non-discrimination against AIDS patients and HIV carriers in the relevant provisions.

Whether it is discrimination on the terms of AIDS?

Court trial, the insurance company, said: insurance insurance companies are in line with the terms and contents of the China Insurance Regulatory Commission reported to the state record, and Li Wei, the group purchased Accident Insurance Department in 1998 after formal approval by the China Insurance Regulatory Commission sales, insurance companies Terms and contents insurance does not exist in patients with AIDS or discrimination of people living with HIV, AIDS and war, riots will be side by side, and these cases are relatively common, and not discriminating against AIDS. Yunnan汤荣the law firm lawyers just that: AIDS is neither a disease spread most rapidly, nor is it the highest medical costs of disease, the state invested a great deal of manpower and material resources for AIDS patients with antiretroviral therapy. However, the community's awareness of AIDS remains at the technical level, very few people are concerned that their civil rights and equality demands. "AIDS prevention and control regulations," the provisions are too general, lack of interoperability, not to 'discrimination' to clearly define the concept, but no legal responsibility for acts of discrimination and relief to be a clear way.

五华区court, the use of "external, violent, accidental," the six words, a summary of the disasters caused by accidental injury of the 3 major factor in the accident. That due to people living with HIV or AIDS caused the death of the insured person, disability or medical expenses, personal insurance department has been the reason in the body caused by injury, is clearly not part of accidental injuries in the accident insurance. Insurance companies in terms of accident insurance, the insured person will be suffering from AIDS or infected with HIV do not have the same with other "external, violent, accidental," the three elements of the accident situation, as insurance does not assume responsibility for the situation listed together, was to further define the Accident Insurance underwritten by a specific range of disasters, from its intrinsic meaning and principles of the text does not show people living with AIDS or AIDS discrimination personality.

Accordingly, Li Wei of the proceedings was denied.

Li Wei, said: "Since it is accidental injury, is not specific, not their own decision condition. This verdict is still not convincing." It is learned that the July 7, Li Wei has formally proposed to the Kunming Intermediate People's Court of Appeal .

The community: an insurance policy for each life

Asia-Pacific AIDS service organizations in the summer of the Tung Wah Group of the Committee believe that the discriminatory clause in the insurance policy is not just the 700,000 AIDS out, is that they refuse to 700,000 families. "Can not come knocking on the door of the bottles hit the specialized AIDS, unintentional injuries and infected with HIV there is no relationship." To each of the lives of an insurance policy, equal treatment of them for their own lives to reduce a risk. AIDS patients and HIV-infected persons to take legal means to safeguard their legitimate rights and interests should be advocated.



(This article Source: Kunming Information)