HIV positive teacher sues county government

09:27, October 21, 2010      

Email | Print | Subscribe | Comments | Forum 

A 27-year-old aspiring teacher who tested positive for HIV during a mandatory medical examination before taking a post at a government-run school moved court in Yanbian county, Sichuan province, on Wednesday, demanding the job he was promised.

"He (the petitioner) has asked county personnel and education bureaus to apologize for leaking the information that he is an HIV carrier and enroll him as a primary school teacher," said a county judge surnamed Feng.

Feng said the court will decide whether to accept or reject the case in one week.

According to Xu Xinhua, lawyer of the petitioner, Xiao Jun (not his real name), this is the first case pertaining to discrimination against an HIV carrier in terms of employment in Sichuan and the second nationwide.

Xiao Jun, who comes from a family of illiterate farmers, graduated as a music major from a teachers' college in the province in 2002. Since then, he has worked as a substitute primary school teacher and done other odd jobs to earn his bread.

In August this year, Xiao Jun passed the examination for a music teaching post in a primary school in the county seat and was asked to start work on Aug 31.

But before the date, two physical examinations organized by the county education bureau found Xiao Jun was HIV positive, following which the bureau informed him verbally that it would not offer him the teaching post.

Xiao Jun insisted he was only an HIV carrier and could work and live as any other normal person if his symptoms did not develop into AIDS.

In one negotiation, in which representatives of the county personnel department, education bureau, disciplinary committee, public security bureau and health bureau were present, the personnel and education bureaus openly announced they could not enroll Xiao Jun because he was an AIDS patient.

Xiao Jun, who is single and has no girlfriend, said he did not know how he came in contact with the deadly virus. He has sought the help of the non-profit Beijing Yirenping Center, which had found an attorney for Xiao Wu (not his real name), an HIV carrier who sued the Anqing education department in Anhui province in August for denying him a teaching post.

Center coordinator Yu Fangqiang said: "Xiao Jun's situation is the same as Xiao Wu's. The center hopes both cases can help prevent discrimination against HIV carriers."

The court in Anhui had heard Xiao Wu's case and the judgment would be delivered in December, Yu said.

"I am optimistic that both Xiao Wu and Xiao Jun will win their cases because they are supported by law."

Although Xiao Wu's is regarded as the first case pertaining to employment discrimination against an HIV carrier in China, Yu believes there are more such cases that have gone unreported.

"Many don't have the courage to speak out, for they fear the information would be leaked, resulting in more discrimination," he said.

Professor Zhou Wei of the School of Law at Sichuan University considers the prejudice against AIDS stems from ignorance and fear.

"The country's AIDS Prevention and Treatment Regulation stipulates that HIV carriers and AIDS patients have the right to marriage, employment, medical treatment and school," he said.

Source: China Daily

(Editor:叶欣)

  • Do you have anything to say?

双语词典
dictionary

  
Special Coverage
  • Premier Wen Jiabao visits Hungary, Britain, Germany
  • From drought to floods
Major headlines
Editor's Pick
  • Chinese Navy soldiers hold an evening party marking the upcoming 62nd National Day aboard Chinese Navy hospital ship "Peace Ark" in the Pacific on Sept. 28, 2011. The Chinese National Day falls on Oct. 1. (Xinhua/Zha Chunming)
  • Photo taken on Sept. 30, 2011 shows the crowd at the plaza of Beijing Railway Station in Beijing, capital of China. The railway transportation witnessed a travel peak with the approach of the seven-day National Day holidays on Friday. (Xinhua)
  • A man wearing high-heel shoes takes part in the 3rd annual Walk a Mile in Her Shoes, an event when men literally walk in women's shoes to raise awareness about ending violence against women, at Yonge-Dundas Square in Toronto, Canada, Sept. 29, 2011. (Xinhua/Zou Zheng)
  • Photo taken on Sept. 29, 2011 shows a cargo ship in danger on the sea near Zhuhai City, south China's Guangdong Province. Cargo ship Fangzhou 6 of Qingzhou of southwest China's Guangxi Zhuang Autonomous Region lost control after water stormed into its cabin due to Typhoon Nesat on the sea near Zhuhai Thursday, leaving 12 crew members in danger. Rescuers rushed to the ship and saved them by using a helicopter. (Xinhua)
  • Actress Gong Li poses for L'Officiel Magazine. (Xinhua Photo)
  • Demonstrators from the Occupy Wall Street campaign hold placards as they march in the financial district of New York September 29, 2011. After hundreds of protesters were denied access to some areas outside the New York Stock Exchange on September 17, demonstrators set up a rag-tag camp three blocks away. Zuccotti Park is a campground festooned with placards and anti-Wall Street slogans. The group is adding complaints of excessive police force against protesters and police treatment of ethnic minorities and Muslims to its grievances list, which includes bank bailouts, foreclosures and high unemployment. (Xinhua/Reuters Photo)
Hot Forum Discussion