|
与病斗，不是与艾滋病人斗
2010年10月15日 14:07 来源：钱江晚报
9月底的联合国千年发展目标大会上，温家宝总理说道，我非常赞赏乌干达所推崇的那句话：“我们是同艾滋病作斗争，而不是同艾滋病人作斗争”。
10月13日，中国首例艾滋病病毒感染者就业歧视诉讼案开庭。应届毕业生小吴因“艾滋病检测呈阳性”不符合“公务员体检标准”，被挡在安庆教育局教师招录的门外。
安庆教育局称，对于拒绝录用小吴，更多的是为孩子考虑。孩子和家长是否能接受一名艾滋病患者做自己的老师？如此言之凿凿、替天行道，“艾盲”如此，背后摆脱不开的是对公民权利的漠视，活脱脱的“人斗”思维。由于诸多传统、教育和历史原因，公民个体“谈艾色变”一时半会尚难纠正。但是这绝对不是政府部门和教育单位违背法律和职业歧视的理由。
2006年颁布的《艾滋病防治条例》规定，任何单位和个人不得歧视艾滋病病毒感染者、艾滋病病人及其家属。艾滋病病毒感染者、艾滋病病人及其家属享有的婚姻、就业、就医、入学等合法权益受法律保护。另外，中国已经签署和批准了国际劳工组织的《同等报酬公约》和《国际经济、社会、文化权利公约》，前者是针对在劳动世界促进平等和消除歧视的文书，后者在劳工所享有的就业、工作条件、社会保障、受教育等方面规定了基本要求。中国政府在国内法的适用上负有国际责任。
因此，安庆教育部门所坚持的“公务员体检标准及公务员录用体检通用标准”，是一张已经失效的“挡箭牌”。人事部和卫生部新出台的公务员录用全国统一体检标准，已经删除了之前“艾滋病病毒携带者不合格”的表述。疾控部门专家也表示，艾滋病毒携带者是否会传播艾滋病，与他的私人生活有关，但与其能否从事公务员工作无关。甚至有不少网友也鸣不平，很多人认为他可能更适合当公务员。
问题是，各界明知艾滋病人就业歧视侵犯人的尊严，但这种歧视不会自行消失，仅靠小吴一个人在战斗根本力不从心。因此，国际劳工组织所推行的三方机制——政府、雇主、工会，在反对歧视、促进艾滋病人工作平等上发挥了重要作用。看来，首先应该负责的政府部门——安庆教育局首先放弃了自己的道义和责任，这种歧视才是比艾滋病毒更可怕的社会病毒。付瑞生 本报特约评论员
At 14:07 on October 15th, 2010 Source: Qianjiang Evening News
The end of September the United Nations General Assembly on the Millennium Development Goals, Premier Wen Jiabao said, I appreciate very much respected by the sentence of Uganda: "We are the fight against AIDS, not people with AIDS, to fight."
October 13, China's first HIV discrimination in employment litigation hearing. Xiao Wu graduates because of the "AIDS-positive" does not meet the "standard civil service examination," Education is blocked in Anqing Teachers recruited in the door.
Anqing Department of Education, said Xiao Wu who refuse to hire, and more for kids in mind. Children and parents are able to accept an AIDS patient to do his own teacher? This certainty, for good, "Viagra blind" so, do not open the back out of the rights of citizens is ignored, look just like the "fight against" thinking. Due to many traditional, educational and historical reasons, the citizens of individual "On Ai mere mention of" half past one would be hard to correct. But this is not contrary to government departments and educational institutions of law and employment discrimination grounds.
Promulgated in 2006, "HIV Prevention Act," provides that any unit or individual may discriminate against people living with HIV, AIDS patients and their families. HIV, AIDS patients and their families to enjoy marriage, employment, medical care, schooling and other legitimate rights and interests protected by law. In addition, China has signed and ratified the ILO's "Equal Remuneration Convention," and "International Economic, Social and Cultural Rights", the former is targeted at the world of work to promote equality and eliminate discrimination in the instrument, which is enjoyed in the labor employment, working conditions, social security, education and other aspects of the provisions of the basic requirements. The Chinese government on the application of domestic law international responsibility.
Therefore, the education sector insists Anqing "Civil Service examination standards and the general civil service recruitment examination standards," is to have lost a "shield." Ministry of Personnel and the Ministry of Health introduced a new unified national civil service recruitment examination standards have been removed before the "AIDS virus carriers failed" formulation. Disease control department experts also said that HIV will spread AIDS, and his personal life, but it has nothing to do with their ability to work in the civil service. Many Internet users even Mingbu Ping, many people think he may be more suited to civil servants.
The problem is that all people with AIDS, employment discrimination knowing violation of human dignity, but such discrimination will not go away, Xiao Wu, a man alone in the battle simply powerless. Therefore, the tripartite mechanism for the implementation of the ILO - governments, employers, trade unions, in opposing discrimination and promote equality of people with AIDS work played an important role. It seems, first of all government departments should be responsible for - Anqing Department of Education first gave up his moral and responsibilities, such discrimination is more terrible than HIV social virus. Fu Ruisheng newspaper Commentator
|
