以病为由辞退员工是违法行为
李楯: 中国艾滋病防治协会法律政策工作委员会主任、清华大学教授。
李教授从法律角度介绍,2006年国务院《艾滋病防治条例》第三条规定:感染者、病人享有的婚姻、就业、就医、入学等合法权益受法律保护。“法律对感染者和病人的权利保护同于任何一个公民。”
李教授表示,用人单位以被雇用者是感染者或病人而辞退是违反《艾滋病防治条例》第三条中“不得歧视”的规定的违法行为。同时,也违背了中国签署加入的联合国国际劳工组织第111号公约。李教授认为,政府设立的法律援助机构对此种权利被侵者应提供法律援助。政府的劳动监察机构和司法机关对此种劳动者的权利被侵应予以救济,以维护社会正义和司法公正。
对于马治发公开身份的行为,李教授认为,“他和普通人享有的权利应该是一样的。”李教授表示,艾滋病感染者的生存方式和主流社会可能不一样,社会也要尊重他们。
MA Governance Development reports have caused concern in the community to support AIDS expert
Source: Tianjin Gateway Key words: horse hair treatment; reports; social concern; AIDS on: 2010-11-17 08:19 Lo Yun Fei
Tianjin Reuters "waiting for life to stand up and smiled at me," the report has aroused strong repercussions, horse hair treatment sudden focus of media attention, Xinhua, Netease, People's Daily, China Daily and other media have reproduced horse rule issued reports.
Ma rule issued by the National AIDS brave experts in the field concerned, the Ministry of Health Disease Control and Prevention, AIDS Committee of Experts Zhang Beichuan sub-committee members to support the brave horse hair to defend their right to rule behavior. China's AIDS Prevention Association Committee, director of legal policy, Tsinghua University, Professor Li Dun made from the legal point of view, he thought HIV are human beings, also has the right to employment.
Zhang Beichuan: Ministry of Health Disease Control and Prevention, AIDS Committee of Experts Sub-Committee members, the Chinese Foundation for Prevention of STD and AIDS Adviser, Chinese Association of STD and AIDS Prevention, Chinese director of the Institute, the International AIDS prestigious award the United Kingdom, "Billy Martin Award" winners.
"The media reported this event is a step forward, showing the improvement of social inclusion."
I believe he must be social acceptance of courage
Zhang Beichuan introduced in recent years, the state has given more attention to AIDS, World AIDS Day, an annual national leaders and people living with HIV are met, said the state's care. "This year on September 22, Premier Wen Jiabao at the 'United Nations Millennium Development Goals and AIDS Seminar' in his speech said: 'I am in contact with AIDS patients, the deepest impression is that they not only have to endure the pain of disease, suffering, but also To withstand the enormous pressure from society, ignorance and discrimination are sometimes more dreadful than the disease. '"Zhang Beichuan, we are given to the infected persons in the protection of human rights still face enormous challenges.
"At present, there is still discrimination against the concept of AIDS." Zhang Beichuan, China's current AIDS identified three major challenges facing the first, is "the special nature of AIDS and social discrimination."
Zhang Beichuan that the AIDS community is not tolerant, and even discrimination, not only hurt the infection, also hurt the mainstream society, "from the human instinct to consider, if long-term discrimination, there will be resistance instinct psychology, social discontented state of mind, if not intentionally spread, not pay attention to protection can lead to spread of great harm to society. "Zhang Beichuan that, if society tolerant of infection, give them love, they will feel warm and conducive to infection are to further strengthen the security of self and others, this is the most important factors control the spread of one.
Zhang Beichuan that change the way people infected with the discriminatory attitudes of the various efforts required, "infected persons should be brave to fight for their rights, the media should be more universal knowledge of AIDS, called on the community's tolerance for infection, academics, experts from fields to do work for HIV infection. "
Horse hair treatment for the behavior of active public identity, Zhang Beichuan admired, he believes that government made a very brave horse, the courage to resist some backward ideas. Zhang Beichuan, through "Meirixinbao" greetings horse rule issued in support of his actions, that he must be social acceptance of the brave, also called on employers to give him the most basic labor rights.
To the patients dismissing employees is illegal
Li Dun: China's AIDS Prevention Association Committee, director of legal policy, Professor of Tsinghua University.
Professor Li from the legal point of view introduced in 2006, the State Council, "AIDS Prevention Act," Article III: infection, patients enjoy the marriage, employment, medical care, schooling and other legitimate rights and interests protected by law. "Law on the rights of infected persons and protection of the same patient at any one citizen."
Professor Lee said that in order to be employed by the employer or the patient is infected dismissed against the "AIDS Prevention Act," the third in the "no discrimination" provisions of the offense. It also runs counter to join the United Nations, China has signed the ILO Convention No. 111. Professor Lee believes that the legal aid agencies established by the Government of such rights should be invaded to provide legal assistance. Government labor inspection agencies and the judiciary on the rights of such workers should be relief was invaded in order to maintain social justice and judicial justice.
Ma made public identity for the act of governance, Professor Lee believes that "he and the rights of ordinary people should be the same." Professor Li said the way the survival of AIDS and may not be as mainstream society, society must respect them.
Editor: Autumn Clouds