74 hepatitis B students in Yunnan are made and left school Indict the school to win after all

74 hepatitis B students in Yunnan are made and left school Indict the school to win after all
It is reported ' Reporter Wang JunXiu) November 17, Yunnan is concluded by 74 student's cases of the prosecution school leaving school, the advanced technical school of industry of Yunnan Province of judgement of district people's court of Chinese unicorn of Qujing of Yunnan Province " Continue fulfilling the education service contract with plaintiff in 5 days after coming into force in judgement " . At the end of August of 2007, the advanced technical school of industry of Yunnan Province is after carrying on the physical examination of hepatitis B to new students, make 74 left school by the positive new students of hepatitis B of detection. These students are persons who carries antigen of surface of hepatitis B, but liver function is normal, neither will infect influence normal study and live, nor in daily contact. However, the school side still refuses these students and enters school firmly. (29 Japanese newspapers have been reported in September of 2007) December of 2007, under help of flat centre of benefit benevolence of Beijing of public service organization, the small winter in 74 students, small Philippines (assumed name) Prosecute the form after submitting to court the administration, and then bring the civil action again on the grounds of educational service contract dispute. On June 27, 2008, this case will hold a hearing in the district people's court of Chinese unicorn of Qujing. Plaintiff lawyer point out behavioral the intersection of infringement and " university and college enroll new students work instruction of physical examination " of school. Propose in this regulation of Ministry of Education clearly, the restriction on speciality that only enroll the pathogen carrier of hepatitis B, can't refuse to enter school without exception. And, the person who didn't get hepatitis B of pathogen carrier of hepatitis B of plaintiff department. The school side responds and says, this school is worked to manage with the drawing room of the social security together by round and Yunnan Province of coal industry of Yunnan Province, not belonging to the education department to manage, and the technical school is the medium-sized vocational education, instead of higher education, so does not need to observe the relevant regulation on enrolling in the ordinary higher learning school of Ministry of Education. The school side insists: At present, regulation of physical examination of enrolling new students as to the technical school, only 1984 < that the technical school enrolls new students Notice >>(Put to the trouble of people and bank up ( 1984) with earth The 7th) . Stipulate in this file: Confirm as chronic hepatitis ' Including making a definite diagnosis of hepatitis B) , inborn jaundice patient, can't be enrolled. The court has supported students' demand finally, require defendant advanced technical school of industry of Yunnan Province continue fulfilling the education service contract with plaintiff. Website's edition owner's ground force of public service of hepatitis B feels very gratified to this. "We once assisted the case that a lot of hepatitis B pathogen carriers were ordered to leave school, suspend schooling by the school before this, this won a lawsuit is the first thing. " But the ground force thinks, because our country lacks the effective laws and regulations in protecting pathogen carrier's education right of hepatitis B, the educational administrative responsibile institution is not regarded as actively either in protecting students, this makes students check out hepatitis B by the body, very easy to be discriminated against, and very difficult gets justice back in time. "Even if this case obtain, win a lawsuit rare, delay 14 long month, 74 injury and lost study which students receive can't be remedied. " The ground force says. The benefit benevolence in Beijing is flat for centre project person in charge military Ms. Rong Rong to introduce, in the field of employment, national related departments all issued the file to cancel hepatitis B to measure in recent years, halt the intersection of employment and hepatitis B of field discriminate against the phenomenon effectively. "But in the educational field, though the folk voice runs high year by year, has not cancelled hepatitis B to measure so far, this makes hepatitis B of the educational field discriminate against the phenomenon seriously and generally " . "If Ministry of Education can cancel educational hepatitis B of field, measure, can prevent similar the intersection of hepatitis B and pathogen carrier from force, leave school emergence of the incident on a large scale, really dispel the policy discriminated against of the country to fulfill. " The ground force says.

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