浅析HIV感染者/AIDS病人就业保障权的政策矛盾和冲突

艾滋病病毒(HIV)感染者和艾滋病(AIDS)病人(HIV/AIDS病人)的就业保障权是其人权的一部分,应受到社会平等的对待和保护,尤其是《艾滋病防治条例》和《中华人民共和国就业促进法》颁布实施后。但如今他们的就业权屡屡受到侵犯和不平等的对待。人们的认识和社会歧视是原因之一,但是从政策、法律角度看,目前我国颁布实施的涉及HIA/AIDS病人的有关政策和规定之间存在着相互矛盾和冲突。文章从当前我国的涉及HIV/AIDS病人就业权的政策和规定出发,分析了政策和规定间的矛盾冲突及其造成的危害,探讨如何进一步改善法律环境,确保HIV/AIDS病人的就业权得到保障。

Analysis of the conflicts of polices on rights to employment of people living with HIV/AIDS

The rights to employment of people living with HIV/AIDS are basic rights of human and it should be protected and treated fairly,especially,after the Regulation on AIDS Prevention and Treatment and Employment Promotion Law of the People’s Republic of China were promulgated.But its always were been violated and treated unfairly,some reasons are social discrimination and ideological understanding,but from the view of law and policy,there are some conflicts between the policies and regulations related to employment rights of people living with HIV/AIDS which have been released in recent years.This article analysis the conflicts and its hazards after going through relevant policies and regulations relate to employment rights of people living with HIV/AIDS and discuss the recommendations of how to improve the legal environment to protect the rights to employment of people living with HIV/AIDS.