Chinanews client, Beijing, October 15th (Zhang Xu) Recently, "female college students denied boarding due to depression" aroused attention and became a hot topic.
The incident started on October 13, when Mr. Yu and his girlfriend were preparing to take Spring Airlines flight 9C8743 to Nanjing for medical treatment at Dashuibo Airport in Weihai, Shandong. His girlfriend was suffering from depression and shaking hands due to the side effects of the medication, and was finally refused boarding.
Is there a reasonable basis for Spring Airlines' move?
Can people with depression board the plane normally?
Spring Airlines refuses to carry depression patients
The person involved, Mr. Yu, wrote on Weibo that he and his girlfriend planned to take a Spring Airlines plane from Weihai to Nanjing to see a doctor on October 13th. Their hands trembled due to depression medications taken by his girlfriend. The airline refused to board the plane. In the end, the two took the high-speed rail to Nanjing for medical treatment.
The boarding pass provided by the party.
Picture source party Weibo
Spring Airlines stated in a statement to a reporter from Chinanews.com that airport security inspectors found that the passengers on this flight had severe shaking of their hands during the security check. In the process of understanding the passenger’s past medical history, recent flight conditions, and comforting passengers,
the passenger He and his companions were emotional, the passengers themselves trembling hands, shouting at the boarding gate, causing surrounding passengers to complain to the staff, and some passengers on the same flight saw this situation and asked the staff not to be on the same plane
.
"In view of the staff's many times of comforting the passengers, the emotions of the passengers still cannot be calmed down. Due to safety factors, Spring Airlines persuaded the passengers to retreat and went through the procedures for the full refund of the tickets. When the passengers are emotionally excited, unclear, and without professional medical advice, the In consideration of the health of the passengers and the flight safety of all other passengers, we made this regretful decision carefully.” Spring Airlines emphasized.
The airline refuses to carry, is it legal and compliant?
Regarding whether Spring Airlines should refuse the above-mentioned passengers to take the flight, there are different opinions on the Internet for and against.
Supporters believe that it should be rejected because it may endanger aviation safety; opponents believe that it is discrimination against passengers with depression.
In the voting initiated by the Black Cat complaint, the proportions of the two parties are almost the same.
In terms of black cat complaints, the ratio of the two factions is very close.
Civil aviation expert Qi Qi told the China News Network reporter that the captain has the right to refuse passengers who may affect flight safety.
Article 34 of the "China Civil Aviation Passenger and Baggage Domestic Transportation Rules" stipulates that passengers with infectious diseases, mental illnesses or health conditions that may endanger themselves or affect the safety of other passengers shall not be carried by the carrier.
The reporter found out that Spring Airlines also required in the "Special Passenger Transportation Instructions": Before boarding, passengers with mental disorders should prepare a "Medical Diagnosis Certificate" issued by hospitals at or above the district and county level (including).
The date of issuance of the "Medical Diagnosis Certificate" should be no earlier than 10 days before the flight date (excluding the day of departure).
In order to facilitate the travel of passengers and get the corresponding care when necessary, it is recommended to be accompanied by family members or medical staff.
However, some experts put forward different opinions.
Zhang Qihuai, chief expert of the China Aviation Legal Service Center and lawyer of Beijing Lanpeng Law Firm, believes that the refusal was due to a conflict between aviation safety and the personality rights of passengers because "the industry regulations are not specific and the airline services are not in place."
Zhang Qihuai explained: "In the past, civil aviation had regulations requiring passengers with serious illnesses to provide flight certificates from hospitals above the county level, but this was later cancelled. The refusal of Spring Airlines this time is based on its own service manual, but it has not been identified by medical staff. It is wrong for Spring Airlines to refuse the flight without authorization."
Will people with depression endanger flight safety?
The controversy in this matter is whether a person with depression, when accompanied, is a "traveler whose health can endanger themselves or affect the safety of other passengers" mentioned in the regulations?
The reporter consulted many airlines as passengers. China Eastern Airlines and Air China stated that the company has no special rules for people with depression.
The customer service of China Southern Airlines stated that patients with depression only need to ask their doctor if they can travel by plane, and the airline will not restrict it.
Jiang Changqing, the chief psychologist of Beijing Anding Hospital, also believes in an interview with the media that if a depressed patient shows clinically normal social function after receiving treatment, it can be judged to be in a stable period of depression.
During this stable period, patients can take flights as usual.
The 100th Spring Airlines A320neo painted on the fuselage is ready to take off from Shanghai Hongqiao Airport for pictures
Qi Qi told reporters that airlines must consider the overall public safety.
"If a drunk passenger, if the airline thinks that it may bring hidden dangers to other passengers or flight, the captain has the right to refuse, because he is also responsible for other passengers. For example, a passenger was Suicide on Air China’s flight was also very impactful."
Expert: There is a lack of standards for patients to board the plane
Qi Qi believes that airlines should pay attention to methods and methods when handling similar incidents.
"Airlines have the right to refuse to fly for safety reasons, but they should be more euphemistic when communicating to passengers, instead of using confrontational language and methods. After all, people are going to treat illnesses."
In Zhang Qihuai's view, there is a lack of standards for what kind of patients and under what circumstances can the patients board the plane. Airlines need to provide better services to protect this group of people from discrimination.
The registered information provided by the parties.
Picture source party Weibo
"Aviation safety is important, and human dignity is also very important. If you can't board the plane with shaking hands, can you not board the plane with more serious patients? Airlines provide public services and cannot discriminate against passengers." Zhang Qihuai said.
Zhang Qihuai believes that airlines should first consult their escorts and family members to find out what the patient’s situation is at home. The patient is an adult and should also consult with him, consider both, and then arrange for an aviation doctor to check or do it. Arrange the next flight to show more care and can't refuse to take care of it.
"
Should the airline make compensation?
Qi Qi believes that a full refund refund is a better deal.
If passengers demand compensation, there is no relevant basis to support it.
And Zhang Qihuai supports the passenger to file a lawsuit.
"The company is not at ease about the patient's flight. It should provide better service instead of refusing to board. For example, you can change her location, pay more attention to the flight process, deal with any problems, and get on the plane if there is no problem. Airlines refuse to board passengers. The aircraft is a violation of his personal dignity and is a tort. Passengers can file a lawsuit under the Tort Liability Law and the Consumer Rights Protection Law."
What do you think about the issue of whether patients with depression can board the plane with their family members?