Comments On The National Obligation Of Protecting HIV/AIDS Patients' Human Rights

HIV/AIDS has already developed to be an unprecedented epidemic brought tremendous loss and far-reaching implications on many aspects as human society, economic development, national stability and international security. Prevent and control its spread with deluge has become a serious social problem. International society practiced more than once and proved the AIDS problem is a compositive system problem, now is testing the whole human society, which required while is working on preventing HIV/AIDS human must pay more attention on the protection of AIDS patients'human rights. Reason is that only being valued the protection of AIDS patients'human rights can against the raging HIV havoc fundamentally. Thus, the nation's role and its attitude played on protecting AIDS patients'human rights is of particular importance, namely, it is inescapable to fulfill the fundamental obligation of protecting AIDS patients'human rights for a nation.The nation's performance on the obligation of protecting AIDS patients'human right has mainly the following four aspects as: firstly, the obligation to confirm the AIDS patients'human right; secondly, the obligation to respect the AIDS patients'human right; thirdly, the obligation to guarantee and promote the AIDS patients'human right; forth, the obligation to protect the AIDS patients'human right. The protection of AIDS patients'human right won't be recognized as indeed performance in practice unless the nation has fulfilled the above obligations, or else the other comprehensive measures focus on preventing and controlling AIDS will be a cloud-castle. Every sovereignty made earnest efforts of these four aspects have being protected AIDS patients'human right, and to fulfill the national obligation of protecting AIDS patients'human rights effectively by legal means, social means and some other means. Concretely include follow items: complete all nations'legislation and constitutionalism, then constitute and complete the law of protecting human rights; increase the legal aid service made for AIDS patients; enhance the constitution of supervising system and enforcing system for the protection of AIDS patients'human rights; strengthen the exchanges and cooperation with international organizations and non-governmental organizations; energetically develop national economy and enlarge the publicity of HIV/AIDS to remove all kinds of discrimination and insult against AIDS patients.Face the rigorous situation, our nation made great efforts on fulfilling the obligation to protect AIDS patients'human rights. Legally, due to complete legislation and strengthen the supervise function of National People's Congress, the law was set up and consummate gradually, then the AIDS patients'human rights have being protected effectively by means of social environment and legal mechanic. The correct AIDS knowledge was delivered to public people by propagandizing and education in social and political. Moreover, many other ways should be implicated as developing the supervisory function of the media, energetically look for international aids and cooperation, and actively solicit and listen to the views from our people. However, there still some flaws in the process fulfilling the national obligation of protecting AIDS patients'human rights, and then we should, envisage our own shortage and weakness; establish the fundamental principle about the legislation of preventing and curing AIDS; remove some laws and regulations which is not proper; complete the legal system connect to this issue; constitute and complete the relative penal statute; and provide the legal supports for nongovernmental organizations to protect AIDS patients'human rights.