韩国、澳大利亚的乙肝感染者权益保护状况[转帖]

张律师

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The National Human Rights Commission (NHRC) issued a recommendation to the Minister of Government Administration and Home Affairs to amend or rescind relevant articles of the “Regulation on Medical Examinations for Government New Hires” (hereafter, “Medical Exam Regulation”) that violate articles 11 and 15 of the Korean Constitution by violating the right of equality and the right to free choice of occupation for hepatitis B carriers. The provision in question—article 3: clause 2 of the Medical Exam Regulation—stipulates that candidates’ medical reports include “hepatitis screening” results and require that one fill out “whether preventative hepatitis vaccination is necessary.”

The NHRC investigation found that article 10 of the current enforcement decree for appointing government officials stipulates: (1) that medical exams must be performed for all new government employees when they are hired; (2) that the medical exam includes screening for hepatitis; (3) that the same exam also requires that one indicate whether preventative hepatitis vaccination is necessary.

The NHRC noted that “hepatitis screening” in Korea generally means screening for the hepatitis B virus, and that the medical exam results summary form requires filling out a hepatitis screening item separately from another question specifying liver disease testing. In medical terms, “liver disease” already includes hepatitis; thus, a separate screening for hepatitis would be carried out with the aim of making a distinction for hepatitis B. Furthermore, currently in Korea, the only hepatitis for which it is possible to be vaccinated is hepatitis B. Thus, the medical exam report item requiring that there be indication as to whether preventative vaccination is necessary also aims to single out persons with antigens to hepatitis B.

While hepatitis B is a disease that can be transmitted prenatally from mother to fetus, or through sexual contact or blood transfusion, it is not a disease that is transmitted through ordinary work life. Furthermore, were it to be known throughout the workplace that a person was a carrier of hepatitis B, that person may be subject to discrimination on a daily basis, owing to the lack of accurate understanding on the part of potentially ill-informed colleagues as to the exact nature of transmittal. Thus, one could say that it would be illogical if not inappropriate to undertake hepatitis B testing for new government appointees based on concerns about the possibility of spreading disease. Even supposing that the appointee had contracted hepatitis B, that in itself would not necessarily mean that his or her condition would deteriorate and impair work ability by developing into chronic hepatitis or liver cirrhosis since such cases are rare.

Thus, the NHRC found that indiscriminately making the success or failure of a person’s eligibility to work depend on a piece of medical history unrelated to their job qualifications constituted discrimination on the basis of medical history (for reference, in the United States, the Americans with Disabilities Act prohibits pre-hiring medical examinations.)

Article 1 of the Medical Exam Regulation states that the purpose of the examination is to determine whether a person’s physical abilities would allow them to perform their job duties, that is, to assess if they are adequate to specific job-related tasks. Thus, the medical exam is the testing procedure to determine whether the person in question can competently handle job duties without undue harm to him- or herself nor negatively impact the health of his or her colleagues. From this perspective, it is unreasonable for the medical exam to be testing for hepatitis or requiring the filling out of items as to whether or not the person would need vaccination.

On the one hand, the Ministry of Government Administration and Home Affairs (MOGAHA) has released guidelines—based on the Enforcement Rules for Preventing Spread of Contagious Disease (amended in 2000)—explicitly forbidding government organs from rejecting candidates solely on the basis of whether or not they are hepatitis B carriers. This is tantamount to a MOGAHA acknowledgement that such hepatitis B testing is not necessary for such hiring-related medical exams.

This NHRC recommendation to revise (delete) the related provisions from the regulations for new government appointees that specify reporting items is just the first step. Before the year passes, the NHRC will have carefully examined the overall situation of medical exam systems for hiring, and the NHRC plans to make further recommendations as to measures to take when it discovers machinery that potentially leads to the unreasonable restriction of citizens’ right to equality. -–End.

2003-11-27 23:23:25

yangguang

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翻译成中文，英文难度太大了，呵呵！
2003-11-28 8:42:12

商业战士

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The National Human Rights Commission (NHRC) issued a recommendation to the Minister of Government Administration and Home Affairs to amend or rescind relevant articles of the “Regulation on Medical Examinations for Government New Hires” (hereafter, “Medical Exam Regulation”) that violate articles 11 and 15 of the Korean Constitution by violating the right of equality and the right to free choice of occupation for hepatitis B carriers.
韩国人权委员会声称：政府雇员检查HBV，违反了韩国宪法11条、15条，侵犯了HBVER的平等权和自由选择工作的权利。

While hepatitis B is a disease that can be transmitted prenatally from mother to fetus, or through sexual contact or blood transfusion, it is not a disease that is transmitted through ordinary work life.
HBV母婴传播，血液传播，一般工作不传播。

Furthermore, were it to be known throughout the workplace that a person was a carrier of hepatitis B, that person may be subject to discrimination on a daily basis, owing to the lack of accurate understanding on the part of potentially ill-informed colleagues as to the exact nature of transmittal.
由于民众缺乏对其传染性的正确认识，筛查HBV使HBV雇员在工作场所受到日常性的歧视。

one could say that it would be illogical if not inappropriate to undertake hepatitis B testing for new government appointees based on concerns about the possibility of spreading disease.

基予传染疾病的考虑而检查新政府雇员的HBV,是不合逻辑的。



[此贴子已经被作者于2003-11-28 12:03:09编辑过]
2003-11-28 9:18:05

商业战士

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Thus, the NHRC found that indiscriminately making the success or failure of a person’s eligibility to work depend on a piece of medical history unrelated to their job qualifications constituted discrimination on the basis of medical history (for reference, in the United States, the Americans with Disabilities Act prohibits pre-hiring medical examinations.)
韩国人权委员会认为：仅根据与工作能力无关的一纸医疗纪录来决定一个人是否能胜任一个职位， 构成了歧视。（参照，美国能力缺陷法 禁止就业前的体检）


2003-11-28 9:21:44

商业战士

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On the one hand, the Ministry of Government Administration and Home Affairs (MOGAHA) has released guidelines—based on the Enforcement Rules for Preventing Spread of Contagious Disease (amended in 2000)—explicitly forbidding government organs from rejecting candidates solely on the basis of whether or not they are hepatitis B carriers. This is tantamount to a MOGAHA acknowledgement that such hepatitis B testing is not necessary for such hiring-related medical exams.
一方面，政府管理和内务部根据传染病防治细则发布指引，明确禁止政府机关仅依据是否HBV携带者而拒绝申请者。这表明：政府管理和内务部确认： HBV检查对于就业相关的体检是不必要的。
2003-11-28 9:27:57

商业战士

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Before the year passes, the NHRC will have carefully examined the overall situation of medical exam systems for hiring, and the NHRC plans to make further recommendations as to measures to take when it discovers machinery that potentially leads to the unreasonable restriction of citizens’ right to equality.
今年，韩国人权委员会将会仔细检查就业医学检查体系的情况一旦发现可能对公民的平等权作出不合理限制的情况，韩国人权委员会将建议采取进一步的行动。

[此贴子已经被小谷子于2004-2-2 16:40:59编辑过]

与病毒亲密接触

澳大利亚是怎样保障乙肝人群的工作权利的[转帖]

文章来源：刚哥 复制　 设定　 IP　 删除　 打印


CODE OF PRACTICE ON THE MANAGEMENT OF HIV/AIDS AND HEPATITIS AT WORKPLACE APPENDIX F DISCRIMINATION
有关HIV/AIDS和肝炎在工作场所的规定 附录F 歧视

Under the Equal Opportunity Act 1984 and the Disability Discrimination Act 1993, employers must not discriminate against an employee on the grounds of a past, present, imputed or future impairment. The discrimination can be direct or indirect.

根据平等机会法1984和残废/障歧视法1993，雇主不得因为过去，现在或将来的缺陷（障碍）歧视雇员。歧视包括直接或间接的歧视。

Direct discrimination involves treatment that favours one person over another person in the same or similar circumstances. An example would be terminating the employment of someone because they have HIV or requiring patients who have HIV to wear identifying wrist bands.

直接的歧视包括，在相同或相似的情形/条件下给予某人比另外一个人更好的待遇。例如，因为雇员感染HIV而解雇该雇员，或要求HIV病人佩戴起标志作用的手带/饰物。

Indirect discrimination can occur if there are rules or requirements which apply to everyone, but which have the effect of disadvantaging one group and are not reasonable in the circumstances.

间接的歧视包括，制定对某一群人有不利因素，不合理的且适用于所有雇员的规定或要求。

Employer responsibilities
雇主的责任

With regard to HIV/AIDS, hepatitis B or hepatitis C in the workplace:

有关工作场所内HIV/AIDS，B型肝炎或C型肝炎：

• Employees with HIV/AIDS, hepatitis B or hepatitis C should be treated in the same manner as any employee with a non-work related illness (eg., cancer, heart disease).

• 有HIV/AIDS，B型肝炎或C型肝炎的雇员应该得到和其他任何没有影响工作（工作相关）的疾病（如癌症，心脏病）的雇员相同的待遇。

• All employment decisions should be based exclusively on criteria relating to merit and fitness and have no reference to hepatitis B, hepatitis C, HIV infection or AIDS related illnesses.

• 所有有关雇佣的决定应该只基于雇员品德和工作能力，是否有HIV/AIDS，B型肝炎或C型肝炎不得作为影响决定的因素。

• Pre-employment medical screening of employees for HIV/AIDS, hepatitis B or hepatitis C should not be carried out unless relevant for assessment of medical fitness for work.

• 除非在HIV/AIDS，B型肝炎或C型肝炎有影响该工作的情况下，不应该进行针对HIV/AIDS，B型肝炎或C型肝炎的雇佣前体检筛选。

• Any information pertaining to an individual''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''s HIV/AIDS, hepatitis B or hepatitis C status should be kept confidential.

• 所有有关雇员的HIV/AIDS，B型肝炎或C型肝炎的情况属于保密。

• Unless the work poses a danger to the employee, other employees or the public, the employer need not be informed that an employee is infected. The employer is not obliged to inform anyone should they become aware that an employee is infected.

• 除非该工作对该雇员，其他雇员或公众形成危害，不用告知雇主某雇员被感染。雇主也没有义务通知任何人某雇员被感染（HIV/AIDS，B型肝炎或C型肝炎）

• Notwithstanding this, health care workers and emergency service providers who become infected with HIV/AIDS, hepatitis B or hepatitis C have special responsibilities in relation to possible risks to others and require special advice on their obligations in the workplace from the Director, Communicable Disease Control Branch, Health Department of Western Australia.

• 因为可能的对其他人的危害，对于医务工作者和紧急救护人员，如感染HIV/AIDS，B型肝炎或C型肝炎，相关的工作场所的规定，需要向西澳大利亚卫生部传染病控制中心主管特别咨询。

• Employers who become aware of a prospective or existing employee with HIV/AIDS, hepatitis B or hepatitis C are obliged to make any reasonable adjustment required to ensure the employee can continue to carry out the essential requirements of the job, so long as the adjustment does not cause unjustifiable hardship in terms of cost, dislocation to work practices etc.

• 如果知道有雇员可能感染或已感染HIV/AIDS，B型肝炎或C型肝炎，雇主有责任进行合理的调整以使的该雇员能继续胜任其工作，只要该调整不会造成过高的成本，或引起工作秩序的混乱。

• All normal sick leave and other leave entitlements should be no different for HIV/AIDS, hepatitis B or hepatitis C illnesses than for other illnesses.

• 正常的病假和其它请假的批准条件，对于HIV/AIDS，B型肝炎或C型肝炎不得有任何的不同。

• Where practicable, an employee with HIV/AIDS, hepatitis B or hepatitis C should not be required to work where there is risk of transmission of other diseases which may increase or aggravate that employee''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''s ill-health.

• 在允许的情况下，患有HIV/AIDS，B型肝炎或C型肝炎的雇员不应被安排从事有可能感染其它传染病的工作，以防止进一步损害雇员的健康。

Other equal opportunity
其他平等机会

Other Equal Opportunity laws make it illegal to discriminate on the grounds of an employee’s sexual preferences and race. With regard to HIV/AIDS, hepatitis B or hepatitis C, this makes it illegal to discriminate in the following circumstances:
不得因雇员的性取向歧视 （详略）

A person''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''s sexual preference: For example, discrimination against someone because of their homosexuality, or assumed homosexuality, and therefore the assumption that they may have HIV infection or AIDS.
A person''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''s race: For example, if it is assumed that people from certain countries are likely to have HIV infection or AIDS.
不得因雇员的种族歧视 （详略）

Employee responsibilities
雇员的责任

Unless the work poses a danger to employees or the public, employees are not obliged to inform their employer should they become aware that they, or another employee, are infected with HIV/AIDS, hepatitis B or hepatitis C.
除非该工作对雇员或公众构成危害，雇员没有义务要求雇主他们应知道谁感染HIV/AIDS，B型肝炎或C型肝炎

Unless the work poses a danger to employees or the public, there should be no denial of services to existing or potential clients on the grounds that those clients have or are thought to have HIV/AIDS, hepatitis B or hepatitis C.
除非该工作对雇员或公众构成危害，不得因为客户患有或认为患有HIV/AIDS，B型肝炎或C型肝而不对其进行服务。

Confidentiality and the requirement to obtain consent to waive that confidentiality should be respected.
保密应该得到尊重，取消保密需要获得当事人同意。



2003-12-22 14:16:03



新南威尔士：
Is it against the law to discriminate against me because I have an infectious disease?
Yes. In New South Wales it is generally against the law to treat you unfairly or harass you because you have an infectious disease, including hepatitis A, B or C; if you are living with HIV/AIDS; or if you have an airborne disease such as tuberculosis. It is against the law to discriminate if:
●you have an infectious disease now, or someone thinks you have an infectious disease - this applies even if you have no symptoms
●you had an infectious disease in the past, or someone thinks you had one in the past
●someone thinks you might get an infectious disease in the future
●you have a relative, friend or work colleague who has (or someone thinks has) an infectious disease.
歧视传染性疾病患者是否违反法律？
是的。在新南威尔士，任何因你患有传染性疾病（包括甲型肝炎、乙型肝炎和丙型肝炎）而给你不公平的对待或困扰，都是违法的。…………，因下列情况而歧视你都将导致违法：
●你正患有传染性疾病，或别人认为你患有传染性疾病——尽管可能没有任何症状。
●你过去曾患有传染性疾病，或别人认为你曾经患有。
●他人认为你将来可能会感染某种传染性疾病。

When is it against the law to discriminate?
Discrimination is against the law:
●in most types of employment - when you apply for a job, or at any time during your employment, or when you leave a job. If you can do the job safely and effectively then you must not be discriminated against
●when you try to get, or get, most types of goods or services - for example, from shops, dentists, doctors, hospitals, pubs and entertainment places, banks, lawyers, government departments, local councils
●when you rent, or try to rent, accommodation - for example, a unit, house, commercial premises, hotel or motel room, caravan...
●when you apply to get into, or are studying in, any state educational institution - government school, college, TAFE or university
●when you try to enter, join or get services from a registered club - a registered club includes any club that sells alcohol or has gambling machines.
何时的歧视才会违法法律？
歧视违法法律。
●在大多数工作形式中——当你申请某种工作，或者正处于工作状态的任何时候，或者辞去某种工作的时候。如果你能安全而又有效率地从事这项工作的，你不能因此而遭受歧视。
●当你从某处购买或接受绝大多数商品和服务时（或做出这样的努力时）——如商店、牙科医生、医生、医院、酒吧以及娱乐场所、银行、律师行、政府部门和地方机构等。
●当你租用某个地方时（或做出这样的努力时）——如一个单元、房屋、商业场地、宾馆或者汽车旅馆、旅行队等等。
●当你申请进入任何一所国家教育机构时就学时或正求学于此——如公立学校、学院、TAFE或者大学。
●当你准备加入或从注册俱乐部接受服务时——一注册俱乐部包括出售酒精或者赌博机器的任何俱乐部。
Employers, service providers, education providers, etc also have a legal duty to provide you with any special facilities or services you need in order to do the job, access the service, study at the educational authority, etc, as long as it will not cause them "unjustifiable hardship" to do this.

雇主、服务提供者、教育提供者等也有向你提供从事该工作所必学的任何特殊设备或者服务的法定义务。……只要这样做不会为他们带来“不合理的麻烦”。

If an employer, workmate, service or accommodation provider tells anyone else about your infectious disease when you have not said they can, this could also lead to discrimination that is against the law. It may also be against privacy laws.

如果雇主、同事、服务或住所提供者未经你的允许告诉任何人关于你的传染病病情，它将导致违反法律的歧视，也将违反有关保护隐私的法律。

However, some infectious diseases are classified as notifiable. This means that a health care practitioner may have to notify a Public Health Unit about your infectious disease.

但是，一些传染性疾病被归类为“应通知的”。 这意味着一位保健医生可能必须把你的的病情通知公共卫生机构。

Public health and safety exceptions
An employer or service provider is allowed to discriminate against you if another law tells them that they must.
●They may have to discriminate against you because of public health or occupational health and safety laws. For example, you are not allowed to handle food when you are in the acute stage of many infectious diseases, such as hepatitis A or you may not be able to do certain specialised medical work because you have hepatitis C. For more information on these diseases contact:

●If there is an outbreak of an infectious disease (eg whooping cough or measles) in a day care centre, preschool, or primary school, the organisation‘s director or principal can be instructed by the Public Health Unit to exclude an unimmunised child for the duration of the outbreak.

公共卫生和安全的例外条款
如果有其他法律要求他们必须这么做，雇主或服务提供者将被允许歧视传染病患者。
●他们可能会因为健康或者职业健康与安全法律的要求而这么做，例如你将不允许在很多传染病的急性阶段（如甲型肝炎）处理食品， 又比如你将因为患丙型肝炎而不被允许从事某些特殊的医药工作。
●如果在一家托儿所、学前教育机构或小学有一种传染性疾病(例如百日咳或者麻疹)爆发，组织的主管或负责人可能会应公共卫生机构的要求在爆发期间不接受患病儿童。

However, there are only rare occasions when health and safety obligations mean that someone can discriminate. This means that it is generally not OK to:
●refuse to hire you or provide you with a service or accommodation because you have hepatitis or some other infectious disease
●make you have a blood test, isolate, dismiss or segregate you because you have an infectious disease
●breach your confidentiality or privacy in the belief that others have the right to know about your disease for their own safety
●treat you badly because they think you use drugs and therefore they assume you have an infectious disease
●treat you unfairly because they think you are gay and therefore they assume you have an infectious disease.

但是，这些只是发生在健康和安全法律表明可歧视的稀有场合，这表明，在一般情况下，下列行为是不对的：
●因为你患有肝炎或者其他传染性疾病而拒绝雇佣或者为你提供服务或者住宿。
●因你得传染病而对你进行血样检查、隔离、开除或者孤立。
●以他人出于自己的安全原因有权了解你的病情为借口，侵犯你的隐私权。
●因为你服用药物而认为你患有传染病，从而不好地对待你。
●因为你过得快乐而认为你患有传染病，从而不公平地对待你。

Some complaints that we have handled
1. A woman complained to the Board that when she revealed that she had hepatitis B to a specialist doctor, he told her that he was too busy and to go elsewhere. The complaint was settled when the doctor gave her a written apology, and agreed to change his policy to ensure that this would not happen again.

我们已经处理的一些抱怨：
1、一妇女抱怨当她告诉一专科医生她患乙型肝炎的时候， 他告诉她他太忙并正要去其他地方。抱怨最后以医生向她书面道歉，并且同意改变做法，保证下不为例而解决。

2. A person complained to the Board that he was forced to resign from his job when after informing a supervisor of his hepatitis C status all the employees were told of this, and he had to undergo a compulsory blood test. As a result of conciliation he received financial compensation for lost wages and the humiliation he had suffered as well as the organisation agreeing to change its work practices and policies

2、一个人抱怨说他在他把他的病情通知监督员后，所有雇员都被告知此事，他被迫辞职。并接受了强制血样检验。经过调解，他得到经济赔偿以补偿他的工资损失和遭受的羞辱，以及雇主同意改变它的工作惯例和政策

[此贴子已经被小谷子于2004-2-2 16:42:15编辑过]

翅膀飞啦

中国有人权委员会吗

whl

我们毕竟是一个央央大国，难道都比不上KOREA

会游泳的狼

希望中国的人权状况能够好起来。
希望就在前面。

大个山羊

sigh~

谷子地

ding!

千草千心

一张小小的化验单,犹如一张判决书,还未明白,就已决定了生死!

蓝色百合

顶