AIDS patients must tell their spouses truthfully, Yunnan’s new regulations have sparked heated discussions——


　　There is no conflict between protecting the privacy of patients and their partners’ right to know

　　Read the tips

　　From March 1 this year, Yunnan will implement the newly revised "Yunnan Province AIDS Prevention and Control Regulations."

Article 20 of the "Regulations" stipulates: People living with HIV should inform their spouses or sexual partners of the fact that they have been infected with AIDS in a timely manner; if they do not inform themselves, medical and health institutions have the right to inform them.

Article 57 of the "Regulations" stipulates that if the obligation of notification is not fulfilled, civil liability shall be borne according to law; if a crime is constituted, criminal liability shall be investigated according to law.

　　Recently, the topic "Hiding AIDS from a partner will constitute a crime" has been on hot searches.

Yunnan’s implementation of the newly revised “Yunnan Province AIDS Prevention and Control Regulations” sparked heated discussions. Many netizens left messages expressing their support, and “should be promoted nationwide” and “it should have long been clear”.

AIDS patients must truthfully inform their spouses

　　He Hongmei, chairman of the Education, Science, Culture and Health Committee of the People's University of Yunnan Province, introduced that the newly revised "Regulations" not only retain some effective norms in the original regulations, but also strengthen the organization and leadership of AIDS prevention and control under the new situation, and establish and improve the prevention and control system and mechanism. ; Strengthen AIDS prevention and control, adopt corresponding comprehensive intervention measures for different groups of people, manage and control high-risk groups, and follow the principle of “knowing but not denying” to expand the scope of testing; emphasize publicity and education on AIDS prevention and control; highlight AIDS medical treatment; and add new AIDS The chapter of "Foreign Management and Service" reflects the characteristics of Yunnan.

　　Among them, Article 20 stipulates: “Infected persons and patients shall promptly inform their spouses or sexual partners of the fact that they are infected with HIV; if they do not inform themselves, medical and health institutions have the right to inform them.” Article 57 stipulates that infected persons and Patients who fail to inform their spouses, sexual partners and other persons at risk of exposure to the fact of HIV infection in a timely manner shall bear civil liability in accordance with the law, and if a crime is constituted, criminal liability shall be investigated in accordance with the law.

　　Huang Xudong, Director of the Administrative and Legislative Division of the Legal Work Committee of the Standing Committee of the Yunnan Provincial People’s Congress, stated that this clause is in line with Article 39, paragraph 2 of the State Council’s "AIDS Prevention and Control Regulations": No unit or individual may disclose AIDS without the consent of the person or his guardian. The names, addresses, work units, portraits, medical history data and other information that may infer their specific identities are not conflicting.

The State Council’s “Regulations on the Prevention and Control of AIDS” only prohibits the disclosure of information, and separately informs the spouse or sexual partner of the infected person and the patient that it should not be mistakenly interpreted as “disclosure”.

In addition, the "Law of the People's Republic of China on the Prevention and Control of Infectious Diseases" also does not prohibit the notification of close contacts of persons infected with infectious diseases in order to cut off the spread of infectious diseases.

　　The statement on the Internet that "concealing AIDS from a partner will constitute a crime" is inaccurate, and it should be that "concealing AIDS from a partner may constitute a crime."

Shi Yongjia, deputy director of the Laws and Regulations Division of the Education, Science, Culture and Health Committee of the Yunnan Provincial People's Congress, explained that "Article 57 (the new "Regulations") actually means two things. Civil responsibility is first assumed, and the serious one is criminal responsibility. To be precise, it should be a violation of the criminal law if you conceal AIDS from your spouse or sexual partner, and your spouse is infected with AIDS due to the lack of protective measures for sexual behavior."

　　There is no conflict between protecting the privacy of patients and their partners’ right to know

　　Jin Zegang, a professor of law at Tongji University, said that my country’s "AIDS Prevention and Control Regulations" have long clearly stipulated that relevant agencies "when conducting AIDS epidemiological investigations, the units and individuals under investigation should truthfully provide relevant information", and also stipulate that "without their own or other The guardian agrees that no unit or individual may disclose the names, addresses, work units, portraits, medical history data and other information that may infer their specific identities."

　　"The former is for the needs of the public interest, for the country and society to actively respond to, prevent and control AIDS, and does not harm the personal interests of patients; while the latter emphasizes the protection of the private rights of patients. Therefore, all kinds of AIDS prevention and control propaganda Don't expose, even indirectly leaking the patient's information." He said.

　　In this regard, Article 1226 of the Civil Code also stipulates that “Medical institutions and their medical staff shall keep the patient’s privacy and personal information confidential. Leak the patient’s privacy and personal information, or disclose it without the patient’s consent. The medical record data shall be liable for tort.” This is the same reason.

　　"But when the right to know (from the duty of loyalty) between husband and wife (or couples) conflicts with the patient’s personal privacy rights, the right to know is even more necessary when one party may contract a serious infectious disease and harm their major health interests. Respect and protect." Kanazawa Gang said.

　　Informing your spouse is beneficial to the precise prevention and treatment of AIDS

　　Miss Li from Shanghai only learned that her husband Jiang had AIDS six months after her marriage.

Although he had been taking medication to block him and did not infect her and the fetus, this kind of deception made it difficult for Li to have trust in this marriage.

　　The Shanghai Minhang Court heard the case in accordance with the "Civil Code". Because Jiang concealed the fact that he was ill before marriage, according to the law, their marriage relationship was cancelled.

　　In April 2020, Miss Li became pregnant. On June 28, both parties registered their marriage and had a pre-marital examination.

It was this premarital examination that exposed the man's 8 years of AIDS history.

　　The doctor asked Jiang to tell his wife about his illness. After thinking about it again and again, Jiang confessed to Miss Li this secret that had been hidden for many years.

Although Jiang said that he took the medicine for a long time and was non-infectious, Ms. Li and the child also proved that they did not contract the disease.

But Ms. Li, who learned of her husband’s medical history, was still very sad and nearly collapsed. She decided to terminate the pregnancy and filed a lawsuit in the court to request the dissolution of the marriage.

　　"The duty of notification is not widely publicized, but strictly limited to people with high exposure risks such as spouses and sexual partners. It can prevent some people from spreading maliciously after being infected, and it can also protect personal privacy to a certain extent and realize personal privacy. Balance with the public interest. It should be noted that no group is outside the law.” said Yang Shuli, a medical examiner at Kunming Maternity and Child Health Hospital.

　　Yang Shuli believes that concealing the history of AIDS from a partner will be held criminally responsible, which is also of great significance to the destigmatization of AIDS.

In fact, HIV is transmitted through sexual contact, blood transmission, and mother-to-child transmission. Compared with Class B infectious diseases such as hepatitis B, common pneumonia, and tuberculosis, AIDS can actually be more standardized in terms of the ease of transmission. It is because of the long-held attitude of the whole society that the whole society has been secretive about it. The citizens don’t understand AIDS and only hear the cases of AIDS spreading, which increases their fear, so they instinctively resist and resist. Therefore, people living with AIDS dare not dare. Standing in the sun and concealing the condition of the disease will make the spread of AIDS, deliberately or unintentionally, more raging. If things go on like this, this vicious circle like a "snowball" effect will intensify.

　　Through social education popularization and coordination of medical and health institutions, and under the constraints of strong deterrence, starting with informing partners and spouses with high intimacy and strong sense of trust, it will help people living with HIV to gradually and normally expand the scope of effective social interaction.

Indeed, the requirements of the law and the "Regulations" may be somewhat straightforward, but they are the most effective way to protect citizens while helping AIDS carriers to screen out those around them who wear "tinted glasses", so that they can get truly loving emotional exchanges.

　　He Hongmei said that from the briefing on AIDS prevention and control work in Yunnan Province in recent years, sexual transmission has become the main route of transmission. Among the HIV-infected persons detected in Yunnan Province from January to October 2020, sexual transmission accounted for 97.5%. The number of transmission cases of injecting drug use continues to decline.

Therefore, the promulgation of this regulation is also to cut off this important channel of transmission.

If it can be effectively implemented, it will certainly reduce the speed of AIDS transmission to a certain extent.

　　Reporter: Huang Yu