| Summary: | 碩士 === 國立臺北大學 === 法學系 === 95 === AIDS infection population in Taiwan is increasing quickly in recent year, while the government has positively carried on AIDS preventing and controlling works, the relationship between AIDS prevention and human rights protection has not been actually understood yet. This dissertation reviews Taiwan’s AIDS prevention and control legal scheme in the View of Human Rights Protection, and expects to be able to propose concrete legislation suggestions.
Through documentary analysis and legal dogmatics, this dissertation begins with an introduction of AIDS related medical knowledge and its epidemiology research, and then introduces historical development of AIDS prevention and human rights protection in Taiwan. After preliminary research, we can see that the result of AIDS prevention in Taiwan is not satisfactory, and the protection of human rights is also insufficient, especially when there is still AIDS discrimination in our society.
Based on the importance and necessity of information privacy and equal protection, this dissertation reviews compulsory control measures of AIDS, the work limitation on PWH/A(People living with HIV/AIDS), the entry and immigration control on foreign PWH/A, the regulation on blood safety, and the antidiscrimination law on AIDS. This dissertation concludes that there is doubt about the constitutionality of compulsory control measures of AIDS, and the work limitation on PWH/A is not necessary too. The strict entry and immigration control on foreign PWH/A should be reconsidered. The regulation on blood safety is unconstitutional because of the violation of equal protection. In order to modify AIDS discrimination in the work place, the definition of law on disabled people should be amended. Furthermore, it’s better to list patterns of discrimination and the employer’s allowable defences. Creating a professional and independent agency to cope with the disputes and strengthening the remedies provided for the protected disabled are also recommended.
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