The Medical Rights Of AIDS/HIV Patients

Along with the modern human rights movement continues, the patient’s right is moreand more mentioned. However, China’s current practice shows that the patient is still in arelatively weak position, their rights had not been well protected, let alone the right to healthcare for AIDS/HIV as a special patient.The discrimination of AIDS/HIV has caused a group harm to their rights，such as living,work, health care, education,。As life is in the first place, it is the basis of all the other rights,and the right to medical care is inevitable extension of the right to live, without medical rights,people will certainly suffered serious damage. The rights to medical care of AIDS/HIV shouldbe the first to emphasize, as for the higher level of employment, education, marriage rights,while important, but also in life can be subsisting under the premise it be possible to continuethe discussion.Therefore, this article focuses on the right to health care of HIV infected persons, thearticle is divided into five parts.The first part introduces the basics of AIDS/HIV, including concepts, route oftransmission, the plight of the realization of the right of medical treatment and legal dilemmathat AIDS/HIV faced, analysis of the root cause of this predicament is that HIV lack of basicknowledge and social misunderstanding and discrimination.The second part discusses the concept and legal property of the medical right, thenanalysis the special nature of the medical rights of AIDS/HIV.The third part discusses the value gives AIDS/HIV protection on medical rights, thearticle discusses from three aspects,the public interest value, legal value and social value.The fourth part demonstrate the legitimacy of the medical rights of AIDS/HIV. Fromrelationship between human and social, and legal humanism is the theoretical premise of therights of the legitimacy of the end of the natural and the right to medical necessity argument,further elaborated the legitimacy of the rights, and then from the perspective of human rights,democracy,demonstrate the right to health care for HIV-infected persons must be fullimplementation.Part V starts from the law of our country, summarize patients’ rights, and furtherargument which is easy to be harmed while is more important for AIDS/HIV, including theright to equal medical, health care rights, the right to the inviolability of human dignity, theright to informed consent, privacy and the right to relief.