Force HIV-positive's telling companion in Gansu Cause dispute

Force HIV-positive's telling companion in Gansu Cause dispute
HIV-positive want, infect state, tell with it having sexual relations person after not making a definite diagnosis of? A few days ago, the department of public health of Gansu Province issued a regulation, required HIV-positives to fulfil this and tell the obligation.
Recently, Beijing loves the research institute of the knowing and doing for hosting " detection of AIDS, partner tell and transmit the criminal offense seminar of AIDS " ,Special correctly>Have carried on the discussion.
The focus disputed at the meeting lies in, HIV the infeted's sex companion should enjoy protecting in time and therapeutic right. However, most NGO staff members and helping a lawyer to think the rational feeling of this measure of department of public health of Gansu Province participating in the conference. They afraid this mandatory to stipulate, may cause HIV under pressure unwilling to do virus, measure in the infeted, make AIDS preventing and controlling at a loss as to what to do finally.
Prevent and cure the new method of AIDS in Gansu
The reporter knows from the websites of Ministry of Public Health, a new characteristic appears in the AIDS epidemic situation of China at present, spread through sex intercourse and become and mainly propagate the route continuously. " the report prevails in global AIDS in 2009 " to reveal that AIDS of the United Nations is planned what has been announced last week in the administration, by the end of this year, the person living with HIV/AIDS who China has survived has had 740,000 people with about patients, only less than 1/3 of the HIV-positives make a diagnosis and give treatment. Meanwhile, took more than 70% through the infection of the sexual behavior.
In Gansu, this situation is no exception.
On November 30, Vice Chief of Gansu Province department of public health Wang XiaoMing introduces, although Gansu Province is in the epidemic situation of AIDS low to prevail in the area, but still the ascendant trend appears in the epidemic situation. In the newly discovered HIV-positive, virus-infected through the sex route to account for 41.89% of the total number of person.
As to this,>Stipulate: HIV-positive, patient are in one months after learning the positive testing result, must tell spouse or and its person who has sexual relations one's own infection state, and is responsible for facilitating them to the controlling organization of the local prevention from suffering from the diseases to consult and measure.
The above-mentioned regulation is pointed out, " because has not told spouse or and its person who has sexual relations one's own infection state, and not taken the essential safeguard procedures and deemed to transmit AIDS on purpose, bear the responsibility of civil compensation in accordance with the law. If the case constitutes a crime, criminal responsibilities shall be affixed in accordance with the law. "
This measure of Gansu Province is regarded as the attempt done to propagate the problem in order to solve AIDS.
Why can't let them say out voluntarily
"If through are done how administrative strength forces the infeted, speaking from the angle of legislative technology, the regulation is not appropriate enough in this way. " The soup honour lawyer devoted to HIV-positive's rights and interests protection work for a long time says.
"After they learn they are infected with AIDS, whom the majority thought of at first is one's own lover, child, friend. " NGO " love home " Volunteer the North ( Assumed name) Say to China Youth News reporter, " they want to tell relatives, but does not know how to tell, wonder how the consequence is. Because in China, can strangle the social life of a family in AIDS. "
He has given an example: One has got AIDS, the office yields to other staff's pressure, the salary bonus issues as before, let him come back home to recuperate. This person's spouse is led and looked for and talked too, the salary bonus issues as before, let her go back to look after the lover. These two people's child has no school to like to receive, the neighbour lets them move, the supermarket does not sell things to them either. On the surface, they are all still alive, there are incomes, but their social life has already been over in fact.
The North say most people behind not infecting HIV, will tell the spouse and take the protective measure voluntarily finally, but may not necessarily tell the other persons who there are sexual relations with it.
Beijing loves legal adviser of research institute Liu Wei of the knowing and doing for thinking, they both are faced infecting with the risk of disease in the sexual relations, have the duty to take the safety measure. Protect responsibility, even criminal liability press HIV-positive onto, be unfaired on one's body alone. And may cause the infeted in this way even have symptom of AIDS, in order to escape social pressure and legal liability, it is unwilling to do the virus to measure.
The soup honour lawyer tells China Youth News reporter, the present question is that " our whole society must build an environment, let the infeted have courage to tell spouse and person with sexual relations the condition " ,If the whole society is a high-pressure environment to AIDS, the cost that the infeted told is too high, they are certain to choose to conceal.
Personal secrets and which one of the social public benefit is important
The southwest politics and law university administrative law professor Wang TaiXian says when being interviewed by China Youth News reporter, abroad, if the infeted propagate the virus behavior on purpose, cause others to be infected with HIV, also should be punished by criminal law. " but the of its civil law has reflected the care to the infeted more, protect their legitimate rights and interests " .
"If restrain the infeted's behavior completely, or require him to bear responsibility, such a result is certainly unsatisfactory. " He say " want, control the intersection of spread and range of AIDS, must mandatory restraint and care about to the intersection of AIDS and human nature of patient, combine together of law, only difficult to produce the anticipated result to restrain according to the law. "
Wang TaiXian thinks, our society is still relatively low to AIDS people's admittance degree now, it is not enough to protection of their right of privacy.
The view of the soup honour is more blunt: "Just making them unable to tell to family to the existence which HIV-positive's society discriminates against. "
He think, can't emphasize obligation of HIV-positive only, should consider society can until what they make. If the society does enoughly well, the HIV-positive receives the fair treatment in employment, seeking medical advice, going to school etc., they will think, tell risk of person of sexual relations had be can controlled infecting stating, would like to say one's own condition out. "This ability found the equalization point between the infeted's personal secrets and social public interests, really beneficial to the society " .
|