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Final first case of AIDS discrimination in employment, public institutions proposed to amend the terms "teacher qualification regulations" relating to HIV discrimination

Yangcheng Evening News reporter Zhao Zhong Wei Luo Ping

Concern, "" in Anqing City Intermediate Court sentenced March 23, the plaintiff Xiao Wu (pseudonym) lost the second trial convicted. The court held that the use of EDB in teacher recruitment in the civil service examination standards comply with the law, refusing to engage in HIV-infected persons belonging to a reasonable limit the teaching profession. The plaintiffs' lawyers and related legal experts believe that the court's decision is a national protected employment rights of HIV-infected persons misreading of the relevant laws.

Reporter March 24 learned from relevant departments, the first case of AIDS, the second instance of employment discrimination more "low key",http://www.wanchefang.com.cn/home.php?mod=space&uid=143181, the verdict shows that rejected the appeal and upheld the original verdict, saying, "This decision is final." March 23, learned after the verdict, anti-discrimination public institutions Beijing Yi Ren Ping Center again to the Ministry of Education sent a proposal letter, recommended the introduction of teacher appointment procedures and measures implemented as soon as possible, on the "teacher qualification regulations" in the "no infectious diseases, "such as conflict with the existing provisions of the law review revised.

Final verdict: dismissed the appeal and upheld the original verdict

Xiao Wu is a senior student in Anqing City, Anhui Province, in 2010, Anqing City municipal schools in recruiting teachers, he passed the written test and interview. In the examination process, was diagnosed HIV-positive (HIV +). Ultimately, the education department decided not to admit Xiao Wu.

Xiao Wu believes Anqing City Board of Education move is employment discrimination against people living with HIV. Thus, in the same year by the end of August,http://chigutw.com/thread-283106-1-1.html, Xiao Wu chose to sue for Education. October 13,http://www.xingye5.com/bbs/home.php?mod=space&uid=226566,air max structure triax 91 nike air max 1 femme blanc, 2010, Anqing Yingjiang District Court did not open the case. November 12, Anqing City Yingjiang District Court "executive judgment", said: According to "civil service recruitment examination standard (Trial)" Article 18 of the plaintiffs medical failure,giubbini woolrich donna woolrich giubbotti invernali, does not meet the "Teacher's Law" in teacher Vocational physical condition. November 30, at the appeal period is about to expire on the last day,http://bbs.kengbi.com/forum.php?mod=viewthread&tid=951439, Xiao Wu's attorney filed a petition to Anqing City Intermediate People's Court.

Second trial dismissed the appeal and upheld the original verdict. Anqing City Intermediate People's Court in the second instance verdict believe that teachers belonging to the institution staff, in accordance with the provisions of Anqing City, teacher candidates should refer to the "civil service examination standards": "gonorrhea,http://car.ycen.com.cn/bbs/home.php?mod=space&uid=280168&do=blog&quickforward=1&id=1740099, syphilis, chancroid, lymphogranuloma venereum, genital warts, genital herpes, AIDS, failed. "

Lawyer: definition of "communicable diseases" Misunderstood

Xiao Wu's lawyer believes that the definition of "communicable diseases", the court's judgment is a misreading of the law.

Following able attorney Zheng believes that "public institutions to recruit personnel Interim Provisions" Although Article 30 authorized provinces,nike air jordan nike air max 3, autonomous regions and municipalities directly under the Central Government may specify the open recruitment in the region, but not with the open recruitment of national laws and regulations conflict, nor with the "Interim Provisions" of the provisions of Law. Than the "Interim Provisions" legal high order bits "Employment Promotion Law", "Infectious Disease Control Law" and "AIDS Prevention Act," are, respectively, the provisions may not discriminate against infectious pathogen carriers, employment rights of HIV-infected persons protected by law. Even the "Interim Provisions" itself also prohibits discrimination in employment.

Another attorney, engaged in anti-discrimination litigation Li Fang pointed out, "Teacher Law" stipulates that "the State to implement teacher qualification system," teacher recruitment belongs to the administrative licensing matters "Administrative Licensing Law" provisions of recruitment of administrative acts, including the use of medical standards must be in accordance with law under the authority of the law. But so far, the legal and administrative regulations are not authorized to recruit teachers in the application or the civil service examination standards for civil service examination standards to recruit teachers that there is no basis for behavior.

China Health Law Society, Southeast University Law School Professor Chan Chang Ning believes that civil service recruitment examination standards can not be used as teacher recruitment examination standards. Any legal norms are exhaustive (ie, one with a law, is targeted), in addition to a law expressly provided, can not be applied by analogy.

Public institutions: bursts of three recommendation letters

After March 23, learned that the first case of AIDS, the second trial against discrimination in employment,air max 90 femme noir et blanc air max classic bw femme, anti-discrimination public institutions Beijing Yi Ren Ping Center again to the Ministry of Education sent a proposal letter,jordan blanche, recommended the introduction of teacher appointment procedures and measures implemented as soon as possible, on the "teacher qualification Regulations "in" conflict with existing legal provisions free of infectious diseases, "such as review revised specification teachers medical standards.

The letter pointed out that "teacher qualification regulations implementing measures" for teachers too general physical condition, completely rule out infectious diseases in violation of relevant laws and recommendations of the Education Ministry in compliance with state laws and regulations to develop teachers' medical standards, the relevant special requirements should be health administrative departments developed in consultation. According to reports,http://www.slowtimecafe.com/home.php?mod=space&uid=82056,hogan uomo outlet outlet torino hogan, the case hearing date, Yi Ren Ping welfare agency has issued a recommendation letter to the people of three Department, Ministry of Health, respectively.

Well-known anti-discrimination Army who believes that as carriers of equal employment, their rights under the law. For people living with HIV, hepatitis B virus carriers, according to the capacity of employment under the premise that they not only will not increase government spending enterprises,giacca uomo peuterey peuterey men, and help them grow.

Party Xiao Wu: I am not a person in combat

After losing the second instance, to see the verdict, Xiao Wu crying. He said not only his own sad, there are hundreds of thousands of people living with HIV, because "I am not a person in combat, I represent this group, there are 74 million people behind me and support me and if government agencies, utilities Unit does not recognize us, do not hire us, that promote the protection of the employment rights of AIDS is a paper empty words. "

Xiao Wu's parents are rural people, rely on farming and working life. The reason valued Anqing teacher recruitment, because the quality of education in Anqing overall very good, but he needed the relatively well-paid and stable job.

Now, Xiao Wu graduated nine months. Currently, Xiao Wu to do in a school substitute teacher. Although the work is not too stable, wages are not too high, but there are always people working with the courage to live, and so as to avoid physical decline. "I'm not sick, I just infected incubation period,hogan sneakers uomo scarpe hogan primavera 2014, the equivalent of hepatitis B virus carriers, without medication, I now very healthy." Xiao Wu said.

■ Sound

AIDS should be given equal treatment

July 2010, China University of Political Science Institute released the constitutional "employment discrimination investigation report current students", the survey shows that employment discrimination accounted for 60.70 percent of enterprises,louboutins pas cher louboutin site officiel,http://www.zghehaiw.com/?action-viewcomment-type-youxiugaojian-itemid-1257, government agencies accounted for 43.44%, followed by business units, accounting for 38.61%. Associate Professor Liu Xiaonan one of the organizers of the survey believe that the relevant provisions of the civil service recruitment examination, inconsistent with China's existing laws and regulations. China's laws on equal employment rights of workers to do the appropriate protection, "Employment Promotion Law" Article 30 also expressly provides that "the employer Zhaoyongrenyuan, infectious pathogen carrier shall not be refused employment."

Infection epidemiology professor at Beijing Ditan Hospital Cai? East, said, "AIDS and hepatitis B are" Communicable Disease Prevention Law "stipulates B infectious diseases, but hepatitis B virus carriers can engage in the teaching profession, the three ministries have issued a notice. AIDS and hepatitis B the same route of transmission, the three ministries should pay attention to this issue,http://www.cclchinese.com/?action-viewcomment-type-news-itemid-7966, given the same treatment as people living with HIV. Not all diseases people should prohibit work if the work, the route of transmission of these diseases can be controlled, it should not be restrictions. "

■ News Links

Pu Cunxin fire proposal to employment discrimination

The "two sessions" period this year, the CPPCC National Committee, Ambassador Pu Cunxin for AIDS prevention "civil service recruitment examination standard (Trial)" HIV-infected persons in terms of fire exclusion. Pu Cunxin proposed "anti-discrimination from the hundreds of thousands of HIV-infected persons or start employment rights,offerte giubbotti peuterey peuterey donna," the proposal,telefono abercrombie milano abercrombie genova, advocating government agencies first to open the door to the employment of people with AIDS, and to amend the "civil service recruitment examination standard" in the provisions relating to AIDS failed.

As AIDS ambassador, Pu Cunxin, Xiao Wu Zhou Tao have publicly expressed their support. They believe that the State has reiterated hepatitis (virus carriers) can not be a physical failure criteria,wholesale hollister hoodies hollister modeling, AIDS (HIV) should also be included. They support an AIDS-infected persons enjoy any employment rights and the right to life, there is no risk of transmission in space, each work unit of society, people living with HIV are all right to work, the employer has no power to dismiss.

Pu Cunxin said that if the Ministry of Health or the subordinate units and state organs first to employ people living with HIV in accordance with professional skills, which is the social phenomenon of reverse discrimination against people living with HIV have a positive effect.