Posts
Chinese authorities have rejected a 22-year-old college graduate's claim that he was unfairly denied a teaching job because he is HIV-positive. The man will appeal, his lawyers said.In his ruling, the judge said regulations barring HIV-positive civil servants take precedence over a four-year-old law that states "no institution or individual shall discriminate against people living with HIV, AIDS patients and their relatives." The law was promulgated by the State Council, the Chinese government's chief administrative body.
"I'm heartbroken," said the man who brought the suit, identified in court papers by the alias "Xiao Wu." The decision defied logic, the man's lawyer said. "It's an example of how the legal system enhances and expands discrimination against people who are HIV-positive," Li Fangping said.
Xiao had passed written tests and an employment interview, but the local education bureau in the eastern city of Anqing rejected his application when a mandatory blood test revealed his HIV status.
AIDS activists had championed Xiao's cause, hoping for a precedent-setting positive outcome in the case. Inspired by Xiao, another HIV-positive college graduate has filed a similar case in Sichuan Province.
Now, advocates are concerned that Friday's court decision could have a chilling effect on the rights of HIV-positive citizens.
"This is bad news given that it was the first time an HIV-positive person dared to stand up for his rights," said activist Yu Fangqiang. His organization, Beijing Yirenping, provided Xiao with no-cost legal representation. "The entire HIV community had high hopes, but now the door appears to be shutting for people who want to use the courts to fight discrimination."
The Friends of AIDS Foundation is dedicated to enhancing the quality of life for HIV positive individuals and empowering people to make healthy choices to prevent the spread of the HIV virus. To learn more about The Friends of AIDS Foundation, please visit: http://www.friendsofaids.org.
TOGETHER WE REMAIN STRONG!
