People's Daily: Must enforce the law to discriminate against more strictly while dispelling hepatitis B

People's Daily: Must enforce the law to discriminate against more strictly while dispelling hepatitis B
Let the idea of fair employment become social common understanding, except citizen's efforts and social education, need to enforce the law strictly and relieve the civilization governed by law of a society effectively even more, often reflect in the right to the special crowd is ensured. In our country, the person who carries virus of hepatitis B is such a colony, their right not merely concerns personal existence circumstances, concern the civilization intensity governed by law of the whole society even more. However, " obtaining employment the physical examination is prohibiting checking hepatitis B " Prohibition last year when,first make people not felt sorry but result of " last survey report 2010 state-owned enterprise hepatitis B ": Among the 180 large-scale state-owned enterpriseses investigated, what needs to measure hepatitis B is up to 61.1% to show and enter the physical examination of the duty clearly. This report of the public service organization of anti-discrimination, has offered a visual angle observed to us. Dispel hepatitis B and discriminate against, promote the realization of job hunter's equal employment right, country " whether employment promote law " not merely, justice in the question of " infectious disease prevent and cure law ", also the inevitable requirement for implementing citizen's equal rights, the state-owned enterprise should take the lead to implement, make the example. Unfortunately, are up to " rate in violation of rules and regulations " of 60% Show, hepatitis B crowd's right is still the whole society " wooden barrel of the right " in practice Piece " The short board " . Fight, judicial legal precedent in person who carries hepatitis B help, push away and under the concern of the public opinion, the hepatitis B crowd's right can enter the legislative visual field, the relevant regulation has revised the discriminatory regulation to hepatitis B. From " can't regard serological index of hepatitis B and virus as the physical examination standard by force " ," the strong serological index of checking hepatitis B and virus of employing unit will be fined 1000 yuan " to get ,Issue the notice to reaffirm to the office of Ministry of Public Health " Can't offer the hepatitis B project to measure without exception " ,Discriminating against, can be rated as against hepatitis B on being written " Crowned with success " . Upstream law discriminate against and act as macroscopic nature correction to hepatitis B, the downstream policy has done concrete prohibition and even punishing settlement, just the Israel " The opinion " , " notice " The government decree of ministries and commissions waiting for the form to show, though have stronger pertinence, lack enough rigidity, against deterrent force, carry out strength to be insufficient that hepatitis B discriminate against law of making on execution, some enterprises are right " The opinion " Can let matters drift, to " notice " Can turn a deaf ear to. In fact, review the discrimination phenomenon of the whole employment field, not only hepatitis B and virus carry the question, other such as household register, gender, height, appearance, region, capacity for liquor, symbolic animal of the birth year, blood group, surname,etc., the reason why become a wide gap lying across in front of job hunters, there is not a clear prohibitive regulation in law, the more important thing is the regulation of the legal aspect is too principle and abstract, deterrent force, carrying out strength insufficiently, it is national ministries and commissions and local government " Repeated injunctions " Issue opinion and notice, it is not enough to change the habitual cognition of the employing unit either, the ones that can't establish anti-discrimination and enforce the law should be authoritative. Dispel employment such as hepatitis B to discriminate against, must hold a memorial ceremony for the law sharp sword. The investigation reveals, the interviewing university students of 30.02% thinks employment is discriminated against and though can be avoided, but no one manages; And after being discriminated against by employment, 67.03% of the interviewees choose to cannot help but accept. Discriminate against hepatitis B for the example, the violation of state-owned enterprise of so large area, why not see that " the sharp sword go out of the sheath " to enforce the law in the unit ? From in easy to discover by disappearance when at present anti-discrimination be had to be enforced the law,and be safeguarded the rights there are getting smoother on that channel. Under the backgrounds of the wide margins of both sides of our country's labour and capital, if job hunters' right lacks strict law enforcement and ensures and relieves the channel, circumstances of submitting to humiliation of the persons who will only cause the experience to discriminate against. So, let the idea of fair employment become social common understanding, except citizen's efforts and social education, need to enforce the law strictly and relieve effectively even more. As to enterprise of some prohibitions are not heeded, only raise the illegal cost, correct checking to punish strictly, the good original intention of law and social security equal rights is unlikely to be hung in practice.

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