Research On Equal Protection Legislation Of Chinese HIV/AIDS Groups Under The Perspective Of Human Rights Law

All man are created equal,and so is the HIV/AIDS community.Life is the beginning of all human activities,and the quality of life carries the survival and development.No matter how the wheels of history runs,the rights theory develops,life and heath is always an everlasting theme which is endowed with different connotations in different time and space.In today' word,development have become the subject of the age.While meeting the development of all human beings,state and social members focus more on the vulnerable groups and help them to participate in the social process and realize their value of life.Among them,the HIV/AIDS community is unquestionable included.They not only suffer from the torment of HIV/AIDS and the loss of bodily functions,but also face the discrimination of masses and the self-negation of themselves.Despite the HIV/AIDS is slowly accepted by the International Community as a common and controllable chronic disease.In today's China,the stigma and discrimination of the HIV/AIDS community are still widely exist.Thus,in the face of the construction of a beautiful and harmonious China with equal dignity and common development,we must face up to the various problems in the current legislation against HIV/AIDS and apply human rights thinking model to gradually perfect the relevant legislation and help the HIV/AIDS community to eliminate discrimination.Therefore,the thesis compares the practical experience of international and multinational HIV/AIDS legislation based on the perspective of Human Rights Law,and puts forward some new thinking and ideas for the Anti-discrimination legislation of the Chinese HIV/AIDS community for reference.The thesis is divided into six parts:The first chapter introduces the research background and research status.The second chapter discusses the changes of the concept of disease which experience the evolution of four models.They are early moral and religious model which are backward and fatuous,biomedical model that overemphasizes the disease itself,social construction model which is generally accepted in nowadays and the human rights protection model.Due to the changes of the concept of disease will cause the changes of the legislation ideas.Therefore,this chapter hopes to pave the way for the research on anti-discrimination legislation of the HIV/AIDS community under the field of human rights law by analyzing the change of the concept of disease and the majority opinion of our society on HIV/AIDS,as well as the analysis of relevant legislation in our country.The third chapter is mainly through the legal analysis of " dignity,liberty and law " and " equal protection and special protection " to make the judgment that the legalization of human rights concept is the only way to solve the current HIV/AIDS community's problem based on the previous conclusion.The chapter four compares multiple international treaties and focuses on the content that should be covered by anti-discrimination legislation on the right to health,which is of paramount importance to the HIV/AIDS community through the perspective of the right to health.And how to realize this right in the field of China's public health and right to health in the future through the perspective of the right to health.The fifth chapter discusses the status quot of international and domestic legislation of the parallel protection of HIV/AIDS group and disabled group,which is a blank in our country's legislative practice.And clarifying that there are strong cross-relation between them.Beyond that,analyzing the benefits of parallel protection for the elimination of discrimination and the practical difficulties of implementing it in China.The last chapter is the conclusion which mainly reviews the core content and points out the uncompleted matters and limitations of the thesis.