BEIJING - in a rare public test of the nation laws prohibit discrimination against people with deemed, a Chinese court on Friday against a man who said, he took a teaching wrongly denied he was caused, after his learned prospective employer, the AIDS virus.
The man that the action is a 22-year-old college-graduate who had already a battery of the written tests and an interview with the passed a mandatory blood test its donated milk status, call the local education Bureau in the eastern city of revealed Anqing, reject his application.
"" I'm heartbroken,"," said the man alias used the Xiao Wu in legal documents to protect his identity."I wanted only some justice for me and others facing the same problem to find."
She said lawyers for the man would appeal.
In its judgment, the judge agreed education bureau's claim that regulations, the revocation donated milk infected officials a four-year old national law trumps, the people with the virus before should protect the prejudice of the employer.That measure, passed the State Council, the Government chief administrative body that says "no institution or person is discrimination against people with donated milk, AIDS patients and their families."
Li Fangping, a lawyer Xiao WUS case during a three hour session last month argued, said the judge's decision defied logic."It is an example of how the legal system improved and extended the discrimination against people donated milk are positive,", he said.
People living with AIDS have increased access to healthcare in China but are far from society shunned and often from universities, State jobs and private businesses ausgeschlossen.Die ban has serious implications: fear and ignorance holds many of the estimated 740,000 Chinese infected by seeking treatment with donated milk said in a report last year the United Nations.
The Government has come a long way since the 1990s, when it went to great lengths to cover up a tainted blood scandal in which the disease at the State transfusion programmes get thousands.
These days, people living with AIDS have access to free antiretroviral drugs and China's top leaders, Prime Minister Wen Jiabao and President Hu Jintao, a show of comforting people with AIDS on World AIDS Day each Dec. 1 to a small but significant gesture machen.In raised the Government earlier this year a ban on foreigners with donated milk visit from China.
But AIDS advocates say, you faced a plethora of restrictions that it hard grass-roots activities durchzuführen.WAN Yanhai Institute, founder of the AIDS organization Aizhixing attracted to the United States in May last year, government harassment claims it impossible, his work be carried out had made.
Thursday Beijing loving source announced a children AIDS charity founded by the imprisoned dissidents Hu Jia, it was shut down after repeated examination by the tax authorities.
In a closely watched case waits Tian XI, a young AIDS activist donated milk through a blood transfusion, ill condemnation in Henan province on fees responsible damage caused its protests against the Hospital of his infection.
In a way, a ray of hope for AIDS activists, was the legal struggle of Xiao Wu years a number of job discrimination rejected is seen, before you go to court actions brought by Chinese courts had. domestic media coverage of the event was sympathetic, and given the Government laws against discrimination, legal supporters hoped, a positive result would set a precedent for those whose life through widespread Diskriminierung was derailed have.
Last month filed a similar case in the province of Sichuan other donated milk positive-college graduate, which was encouraged by Xiao Wu.
Now advocates ensure that Friday's judgment may have the opposite effect, the legal cover for employers, who do not want to hire people with donated milk
"" This is bad news because, that it was the first time person daring a donated milk positive, to defend their rights", Yu Fangqiang, an AIDS advocate of whose organization, Beijing Yirenping, free presentation of the defendant said provided.""The entire donated milk community had high hopes, but now the door for people seems down, the courts that want to use to the fight against discrimination."
Despite the decision, some experts were encouraged that the question of public broadcasting by the courts, sociologist at the China Central Party school said Wei erhalten.Jin even failed cases would public attitudes about AIDS nudge help.
"They have to change the social atmosphere before you all can affect an individual's fate," she said.
Zhang Jing research contributed.
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