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On The Legal Protection Mechanism Of AIDS Patients' Right Of Equality

Posted on:2012-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:P D SunFull Text:PDF
GTID:2166330338959503Subject:Law
Abstract/Summary:PDF Full Text Request
Since the eighties of last century, AIDS in the global flow, the international community has reached such a consensus, effectively curb the spread of AIDS and the protection of human rights there is a close relationship between the protect the equal rights of AIDS patients both in our Constitution guarantee citizens necessary for human rights, but also must fulfill our international obligations under the Convention. AIDS and the law is to achieve equal rights and protection of AIDS patients is an important means. AIDS as a Chinese citizen, should enjoy in the Constitution and the law the same rights as other citizens, as well as other citizens must assume the corresponding obligations, we should not exclude the people with AIDS from the society, on the contrary, we should be provide a more humane, more conducive to their physical and mental health of the environment to the people with AIDS and other vulnerable groups ,not to the vulnerable groups from families, isolation, die in solitude, leaving them to the community, like people, normal life.However, in real life, the phenomenon of discrimination against AIDS patients are found everywhere, whether in learning, life or at work, AIDS patients and their families have received from all aspects of discrimination that seriously affect their lives and even survival. From twenty years of practice, we know, discrimination or abandoned AIDS patients can not solve the AIDS problem, instead the problem will get worse and worse, to protect the rights of AIDS patients is wise to the spread of AIDS prevention and control .The author of the above philosophy, the social discrimination against AIDS patients as a starting point the phenomenon, by studying the current in the protection of equal rights of AIDS patients with the shortcomings in the same time, learn from advanced foreign experience in this regard to the legislative level of the continue to reform and improve, so that patients get the maximum protection of equal rights. In the structure of this thesis is divided into five parts:The first part, first of all in the form of four small case, citing the current equal rights of AIDS patients the severe situation of discrimination, leads to the practical significance of this thesis writing, that AIDS patients should be guaranteed equal rights.The second part introduces the equal rights and equal rights of AIDS patients the content, while the equal rights of AIDS patients has defined the extension, including AIDS patients, as should the rights of our citizens and vulnerable groups as a party should enjoy special rights. The third part introduces we should not protect the equal rights of AIDS patients, why should protect? Equal protection rights of AIDS patients with philosophy? The so-called protection of the concept of equal rights of AIDS patients is to protect the interests of AIDS patients starting point, this thesis from the perspective of utilitarianism and deontology of their elaboration.The fourth part focuses on the protection of our patients the right to equality of existing practices and shortcomings, only to find enough; we can be targeted to the ongoing reform and improvement.The last part focused on the protection of China's current AIDS deficiencies that exist in equal rights, but from abroad as the United States, Britain and the African countries in this area of mature experience, combined with our current era of national conditions, building protection with Chinese characteristics AIDS legal mechanisms for equal rights.
Keywords/Search Tags:AIDS Patients, Equal Rights, Social Discrimination, Legal Protection Mechanisms
PDF Full Text Request
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