A Research on AIDS Prevention and Control Legal Scheme in the View of Human Rights Protection─Based on Information Privacy and Equal Protection

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....

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Main Authors: LIANG, CHIA-YING, 梁家贏
Other Authors: 陳春生
Format: Others
Language:zh-TW
Published: 2007
Online Access:http://ndltd.ncl.edu.tw/handle/08602404528212531388
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spelling ndltd-TW-095NTPU01940142016-05-27T04:18:20Z http://ndltd.ncl.edu.tw/handle/08602404528212531388 A Research on AIDS Prevention and Control Legal Scheme in the View of Human Rights Protection─Based on Information Privacy and Equal Protection 從人權保障觀點析論我國愛滋防治法制─以資訊隱私權及平等權為中心 LIANG, CHIA-YING 梁家贏 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. 陳春生 2007 學位論文 ; thesis 154 zh-TW
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description 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.
author2 陳春生
author_facet 陳春生
LIANG, CHIA-YING
梁家贏
author LIANG, CHIA-YING
梁家贏
spellingShingle LIANG, CHIA-YING
梁家贏
A Research on AIDS Prevention and Control Legal Scheme in the View of Human Rights Protection─Based on Information Privacy and Equal Protection
author_sort LIANG, CHIA-YING
title A Research on AIDS Prevention and Control Legal Scheme in the View of Human Rights Protection─Based on Information Privacy and Equal Protection
title_short A Research on AIDS Prevention and Control Legal Scheme in the View of Human Rights Protection─Based on Information Privacy and Equal Protection
title_full A Research on AIDS Prevention and Control Legal Scheme in the View of Human Rights Protection─Based on Information Privacy and Equal Protection
title_fullStr A Research on AIDS Prevention and Control Legal Scheme in the View of Human Rights Protection─Based on Information Privacy and Equal Protection
title_full_unstemmed A Research on AIDS Prevention and Control Legal Scheme in the View of Human Rights Protection─Based on Information Privacy and Equal Protection
title_sort research on aids prevention and control legal scheme in the view of human rights protection─based on information privacy and equal protection
publishDate 2007
url http://ndltd.ncl.edu.tw/handle/08602404528212531388
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