Employment Discrimination for People Living with HIV in China: The Challenges of Law vs. Practice

Abstract

ABSTRACT In 2006, China enacted Regulations on the Prevention and Control of HIV/AIDS, to protect people living with HIV (PLHIV) from discrimination. Nonetheless, many PLHIV facing institutionalized discrimination, such as civil servant physical exam requirements and their operational guidelines, are reluctant to seek legal remedies to protect their rights. Field investigations have revealed that subjective differences in defining discrimination exist among different parties such as PLHIV, law enforcer and the others. Moreover, beyond individual discriminatory actions, social environmental pressures, manifesting as social exclusion, exert an even greater impact on PLHIV. This study suggests that despite national legislation aimed at preventing discrimination against PLHIV, such efforts are frequently hindered by other laws, as well as instances of blatant and illegal discrimination. The social exclusion surrounding PLHIV makes it challenging for them to proactively seek legal remedies for their legitimate rights, thus perpetuating a vicious cycle. Through studying the dynamics between perpetrators and the recipients of exclusion in the workplace will help to better understand and hopefully find ways to respond to the developing the employment discrimination crisis faced by PLHIV in China today.