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"AIDS Patients" Ecqual Employment Rights Protection

Posted on:2019-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2334330542986104Subject:Law
Abstract/Summary:PDF Full Text Request
In 2015,the domestic has as many as 1.2 million people infected with the AIDS virus,which is gradually increasing proportion of young people,this trend is rising,it has become the domestic society faces a major problem.AIDS patients now has become a very weak social group,after HIV infection,they will suffer from all kinds of discrimination and oppression in society,this kind of crowd's basic human rights have been ignored,not to mention the employment problem,they have even lost the right to employment;This makes the life pressure is more and more big,they faced their own ideal and desire is not possible,the phenomenon of domestic social harmony and stability and development has brought the huge impact.Therefore,how to help the AIDS patients for employment,what is national governments have to solve the problem.Our country current law in the constitution,\ "labor law\",the HIV/AIDS prevention and control ordinance and the employment promotion act to ensure the equal rights of employment of HIV/AIDS patients in both made rules,but these normative regulation to this kind of special groups in the real social life protection is still inadequate,in patients with HIV/AIDS discrimination treatment pale.And our country existing eight cases involving lawsuit employment discrimination case the judgement,HIV/AIDS patients showed in the judicial practice of equal employment rights protection is lack of HIV/AIDS patients.This paper based on the basic principle of equal rights of employment equal protection and special protection parallel the legal protection of ideas,Suggestions from the legislative level to strengthen and build in the judicial practice in patients with HIV/AIDS employment discrimination criterion two ways to perfect the employment in patients with HIV/AIDS legal protection of equal rights.In this paper,the first part mainly introduces the AIDS patients equal employment problems in our country,and the existing eight cases of AIDS in China is the situation of the employment discrimination case carries on the analysis comparison,summed up the cause of HIV/AIDS patients in China employment discrimination mainly have two aspects of social and legal reasons.The second part expounds the basic principle of equal rights of employment and the connotation of the equal rights of employment of HIV/AIDS patients and introduction of HIV/AIDS patients in China employment equality boundaries and limits,advances some ideas on HIV/AIDS patients with equal rights of employment security.The third part introduces the foreign AIDS patients right of equality employment security system,and carries on the comparison to foreignrelated system,summed up the outside can be drawn lessons from mature experience and practice.The fourth part introduces the equal employment rights protection system in patients with HIV/AIDS status quo and insufficiency,and puts forward personal equality to improve HIV/AIDS patients in China employment security system's advice,can be mainly from the aspects of legislation and judicature.Legislative level to improve the relevant laws and regulations,incorporate the anti-discrimination legislation,the judicial level can be perfect,from two aspects of procedure and entity procedural protect the litigation right of HIV/AIDS patients and entities as the concept of the professional qualification,is introduced in building is suitable for the AIDS employment discrimination criterion of our country.
Keywords/Search Tags:HIV/AIDS patients, Equality, Employment, security
PDF Full Text Request
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