Jinmei , Meng
(2012)
Hiv Governance Through Law:
Achievements And Challenges Of China's
Legal Environment.
International Journal of Asia Pacific Studies (IJAPS), 8 (1).
pp. 58-75.
ISSN ISSN: 1823-6243
Abstract
Over the last two decades, the law relating to HIV in the People's Republic of
China (PRC) has transitioned from denial towards positive responses to HIV. In
the 1980–90s, the law provided for mandatory HIV testing and quarantine of
people living with HIV/AIDS (PLWHA). It also banned HIV positive foreigners
from entering or living in China. However, these defensive laws were ineffective
in keeping HIV out of China and containing domestic HIV spread. In the mid-
1990s, the number of HIV infections sharply increased with more and more
commercial blood donors being found to be infected with HIV. In the late 1990s,
the government began to learn how to develop and implement effective HIV
strategies and initiated pilot behavioural intervention programs such as condom
promotion for sex workers and clean needle exchange for injecting drug users
(IDUs). In 2004, China abandoned mandatory HIV testing and HIV quarantine.
In 2006, the country legalised behavoural interventions. The ban on the
immigration of HIV positive foreigners into China was lifted in 2010. However,
China still has a long way to go before achieving good HIV governance by law.
The anti-prostitution and anti-drug laws impede behavioural interventions. The
laws against sex work and drug use and parts of HIV policy do not conform to
international human rights standards. The weak anti-discrimination legal
mechanism fails to prohibit HIV-based discrimination. There is a lack of an
enabling legal environment for full community participation in all phases of HIV
responses. In addition, the state secrets law creates barriers to promoting
government transparency and accountability in the area of HIV.
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