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Settling For Discrimination: Hiv/Aids Carriers And The Resolution Of Legal Claims

In the last decade, foundations and international non-governmental organisations (INGOs) have provided financial backing and transferred litigious techniques to Chinese NGOs operating in the HIV/AIDS area. A few NGOs have developed legal programs that provide legal services to HIV/AIDS carriers....

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Main Author: Wilson, Scott
Format: Article
Language:English
Published: Penerbit Universiti Sains Malaysia (USM Press) 2012
Subjects:
P1-1091 Philology. Linguistics(General)
Online Access:http://eprints.usm.my/40558/1/ScottWilson_HIV-AIDS-Discrimination.pdf
http://eprints.usm.my/40558/
http://ijaps.usm.my/wp-content/uploads/2012/07/ScottWilson_HIV-AIDS-Discrimination.pdf
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spelling my.usm.eprints.40558 http://eprints.usm.my/40558/ Settling For Discrimination: Hiv/Aids Carriers And The Resolution Of Legal Claims Wilson, Scott P1-1091 Philology. Linguistics(General) In the last decade, foundations and international non-governmental organisations (INGOs) have provided financial backing and transferred litigious techniques to Chinese NGOs operating in the HIV/AIDS area. A few NGOs have developed legal programs that provide legal services to HIV/AIDS carriers. HIV/AIDS carriers seek compensation for contracting their disease from transfusions of contaminated blood, illegal and incompetent blood collection as well as discrimination in employment, education and access to medical care. To date, China's courts have accepted few cases brought by HIV/AIDS carriers seeking claims. Many HIV/AIDS carriers have opted to pursue alternative dispute resolution (ADR) such as mediation and conciliation in order to reach a settlement. The settlements offered by ADR, however, institutionalise discriminatory practices. This paper argues that a combination of societal discrimination against HIV/AIDS carriers, government policies and the approach of courts to HIV/AIDS cases strongly discourages litigation and encourages ADR. By analysing court decisions and more importantly, court refusals to hear cases, the article claims that state policies toward HIV/AIDS carriers are driven by state interests more than protecting the rights and interests of HIV/AIDS carriers. The Four Free and One Care (simian yiguanhuai) policy is used by China to channel potential plaintiffs away from litigation. Rather than undermining discrimination, the courts' handling of HIV/AIDS cases helps sustain societal discrimination. Penerbit Universiti Sains Malaysia (USM Press) 2012 Article PeerReviewed application/pdf en http://eprints.usm.my/40558/1/ScottWilson_HIV-AIDS-Discrimination.pdf Wilson, Scott (2012) Settling For Discrimination: Hiv/Aids Carriers And The Resolution Of Legal Claims. International Journal of Asia Pacific Studies (IJAPS), 8 (1). pp. 36-55. ISSN ISSN: 1823-6243 http://ijaps.usm.my/wp-content/uploads/2012/07/ScottWilson_HIV-AIDS-Discrimination.pdf
institution Universiti Sains Malaysia
building Hamzah Sendut Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Sains Malaysia
content_source USM Institutional Repository
url_provider http://eprints.usm.my/
language English
topic P1-1091 Philology. Linguistics(General)
spellingShingle P1-1091 Philology. Linguistics(General)
Wilson, Scott
Settling For Discrimination: Hiv/Aids Carriers And The Resolution Of Legal Claims
description In the last decade, foundations and international non-governmental organisations (INGOs) have provided financial backing and transferred litigious techniques to Chinese NGOs operating in the HIV/AIDS area. A few NGOs have developed legal programs that provide legal services to HIV/AIDS carriers. HIV/AIDS carriers seek compensation for contracting their disease from transfusions of contaminated blood, illegal and incompetent blood collection as well as discrimination in employment, education and access to medical care. To date, China's courts have accepted few cases brought by HIV/AIDS carriers seeking claims. Many HIV/AIDS carriers have opted to pursue alternative dispute resolution (ADR) such as mediation and conciliation in order to reach a settlement. The settlements offered by ADR, however, institutionalise discriminatory practices. This paper argues that a combination of societal discrimination against HIV/AIDS carriers, government policies and the approach of courts to HIV/AIDS cases strongly discourages litigation and encourages ADR. By analysing court decisions and more importantly, court refusals to hear cases, the article claims that state policies toward HIV/AIDS carriers are driven by state interests more than protecting the rights and interests of HIV/AIDS carriers. The Four Free and One Care (simian yiguanhuai) policy is used by China to channel potential plaintiffs away from litigation. Rather than undermining discrimination, the courts' handling of HIV/AIDS cases helps sustain societal discrimination.
format Article
author Wilson, Scott
author_facet Wilson, Scott
author_sort Wilson, Scott
title Settling For Discrimination: Hiv/Aids Carriers And The Resolution Of Legal Claims
title_short Settling For Discrimination: Hiv/Aids Carriers And The Resolution Of Legal Claims
title_full Settling For Discrimination: Hiv/Aids Carriers And The Resolution Of Legal Claims
title_fullStr Settling For Discrimination: Hiv/Aids Carriers And The Resolution Of Legal Claims
title_full_unstemmed Settling For Discrimination: Hiv/Aids Carriers And The Resolution Of Legal Claims
title_sort settling for discrimination: hiv/aids carriers and the resolution of legal claims
publisher Penerbit Universiti Sains Malaysia (USM Press)
publishDate 2012
url http://eprints.usm.my/40558/1/ScottWilson_HIV-AIDS-Discrimination.pdf
http://eprints.usm.my/40558/
http://ijaps.usm.my/wp-content/uploads/2012/07/ScottWilson_HIV-AIDS-Discrimination.pdf
_version_ 1643709977048645632
score 13.211869

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