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On the Legal Protection Mechanism of AIDS Patients’ Right of Equality

Author: SunPeiDong
Tutor: ChenRui
School: Southwest University of Political Science
Course: Legal
Keywords: AIDS patient The right to equality Social discrimination Legal protection mechanisms
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 90
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Abstract


AIDS since the global flow since the eighties of the last century, the international community has reached consensus to curb the existence of a close relationship between the spread of AIDS and the protection of human rights and protect the equal rights of AIDS patients both our Constitution to protect citizens human rights that must be, and is also the country must fulfill the obligations of international conventions. The law is an important means of prevention and treatment of AIDS and protect the equal rights of AIDS patients. AIDS patients as a Chinese citizen, should enjoy the same rights as other citizens, but also with other citizens must undertake corresponding obligations on the Constitution and the law, we do not the people with AIDS should be excluded from society, on the contrary, we should be for AIDS people and other vulnerable groups to provide a more humane, more beneficial to their physical and mental health of the environment, not to the vulnerable groups from the family, isolation, loneliness die, and allow them to be able to, like people in the community to normal life . However, in real life, the phenomenon of AIDS patients suffer discrimination everywhere, both in learning, life and work, AIDS patients and their families are subject to discrimination from all aspects of the society, a serious impact on their lives and even survival . Wise we learned from 20 years of practice, discrimination or abandoned AIDS patients not only can not solve the AIDS problem the contrary would the problem has become worse, worse, to protect the rights of AIDS patients is the prevention and control of AIDS spread lift. The author based on the above concept, the social phenomenon of discrimination against AIDS patients suffer as a starting point, through the study of deficiencies exist in the protection of equal rights of AIDS patients, while learning and learn from the advanced experience of foreign countries in this regard to China on the legislative level. continue to reform and improve the patient's right to equality maximum protection. Structure, the paper is divided into five parts: The first part in the form of four small case, citing the grim status quo of AIDS patients the right to equality discriminated against, leads to the practical significance of the writing of this paper, that the equality rights of AIDS patients should guaranteed. The second part introduces the connotation of equal rights for equal rights and AIDS patients, AIDS patients the right to equality of epitaxial defined as including AIDS patients should be entitled to the rights of our citizens and should enjoy as a party of the vulnerable groups special rights. The third part introduces Should we protect the equal rights of AIDS patients, why should protect? Safeguard the concept of equal rights of AIDS patients is it? Concept of the so-called right to equal protection of AIDS patients, the starting point is to protect the interests of AIDS patients, the paper mainly from utilitarian and deontological point of view of its elaboration. The fourth part introduces our existing practices, as well as to protect the patient's right to equality shortcomings, only to find inadequate, we can have targeted the ongoing reform and improvement. Last part of the lack of focus of the protection of the equal rights of AIDS patients at the same time learn from foreign countries such as the United States, the United Kingdom, as well as African countries in this regard, mature experience, combined with the national conditions of China's current era to build with Chinese characteristics, the protection of AIDS patients equal right to legal mechanisms.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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