Yunnan infected with HIV invalidates legal punishment for HIV / AIDS patients who hide their condition from spouse, sex partner

Students at Yangzhou University in Jiangsu Province, eastern China, picked up a red ribbon as a call to end social discrimination against HIV patients on World AIDS Day. Photo: cnsphoto

Yunnan Province, southwestern China, the most HIV-affected region in China, plans to roll out new regulations next year that HIV / AIDS patients who hide their condition from their partners will be prosecuted for criminal liability. .. Regulation quickly sparked a heated debate.

Yunnan recently announced strict measures to prevent and control AIDS in the state. This is scheduled to come into effect in March next year. The rules specify that the medical institution has the right to notify the spouse and sex partner of an HIV / AIDS patient if the patient himself does not.

He said anyone who hides information from their spouse or sex partner will be held liable under the law.

For residents living in areas where AIDS is endemic, regulations provide free HIV screening for couples before marriage. In addition, we ordered all government agencies, organizations and businesses to include HIV testing in their physical examinations, and civil servants to be tested semi-annually.

As soon as the rules were announced, they caused controversy on social media platforms. There, netizens argued whether the rules strike a balance between personal privacy and public health. This topic received 230 million views on Monday and nearly 9,000 comments at the time of the press.

While some netizens upheld the regulation and called for national promotion of premarital HIV screening, some netizens asked if the rules would invade the privacy of HIV-infected patients.

Liu Wei, a director of China’s Association for the Prevention and Management of Sexually Transmitted Diseases and AIDS, told Global Times on Monday that the rules regarding the right of medical institutions to notify patients’ sex partners need to be further clarified.

“Diagnosing an AIDS patient requires two steps: initial screening and confirmation. It can only be confirmed if both tests give a positive result. That is, the medical institution that has the right to notify , Must have AIDS confirmation qualifications, such as local disease control and prevention centers and other licensed units, “explained Liu.

Given these explanations, observers believe that the rules prioritize their right to health while maximizing patient privacy.

Analysts said that if an AIDS patient chooses to engage in sexual activity with others, the health rights of the exposed people should take precedence over the patient’s privacy. Analysts said the rule also protects patient privacy because it only gives institutions the right to notify their partners, not the general public.

They said that AIDS patients, who often chose to courageously inform their spouses and sex partners, usually showed that they had won respect over discrimination.

Liu said the new measures should also take into account the patient’s mental health by providing a “buffer period” to prepare the patient for accepting catastrophic news and informing close parties. It was.

Medical institutions also need to provide patients with psychological counseling and consulting services.

Yunnan is the most affected area of ​​HIV. The state reported 8,723 new cases in 2019, for a total of 111,700 cases. Sexually transmitted infections remain the main cause, accounting for 97.5% of the total in 2020. Municipalities announced on December 1 that needle injections and mother-to-child transmission continued to decline.

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