Testing a civil servant with the anaemia gene person is refused to record: The case sits at session today
China wide the intersection of network and the intersection of Beijing and February 2 news ' Reporter Bai JieGe) According to the sound report of 45 past 7 of " News Roundup " of China, today (the 2nd) At 9 o'clock a.m., Guangdong Foshan deep meditation urban people's court will try together special lawsuits: In the civil service examination physical examination of the market of Foshan of last year, 31 examinees were eliminated because of gene with anaemia of Mediterranean, 3 people among them lodge a complaint against municipal human resources and social security office of Foshan, this case is known as " The biggest case of China's gene discrimination " .
Prosecute the form to reveal, plaintiff Xiao Zhou, Xiao Xie and Xiao Tang are in 2009 civil service examination of the market of Foshan, have passed written examination and interview smoothly. After the physical examination in June, demanded to reexamine, the conclusion has the gene of anaemia of Mediterranean, as blood disease, the physical examination is not up to standard, lose the chance that the civil servant employs. Xiao Tang says: Think, seem it want, step on feeling that come down, a special one sad to feel a special one regrettable too suddenly.
The anaemia of Mediterranean has inborn and heredity, if parents' both sides' gene with anaemia of Mediterranean, half of possibility of the future generation has genes too, 1/4 of the possibility is a serious disease patient, 1/4 of the possibility is the normal people. The serious disease patient usually develops during childhood badly and even dies young. Academician of Chinese Academy of Engineering, the blood disease expert Lu DaoPei: This has the light one a heavy one, it is light to estimate them, if the age that less than of heavy-duty work is such a big.
It because bring great majority because person have not to be obvious by symptom,by the physical examination, Xiao Tang does not know either that have genes of the anaemia of Mediterranean oneself: Know from small to large is very healthy, I even no record in hospital at all times, have serious disease, sports, very well, I join unpaid blood donation, the result is normal too that the blood comes out, I do not know why I can take my one's own blood and help others, can not help myself?
3 examinees' attorney Li FangPing thinks, refuses to employ the examinee with gene of anaemia of Mediterranean, it is the gene discrimination: Certainly this is a typical discrimination behavior, this should discriminate against more seriously than hepatitis B, because this is only a question of a gene, he himself is not carried by the germ, not influenced to working, studying at all.
Li FangPing and Xiao Tang also propose, the civil servant has not demanded to check the gene in physical examination standard, the defendant's method has infringed the plaintiff's right of privacy: I think, this regulation that Foshan twists, because those blood diseases only pass the general inspection, and dominant, can't check the part of the gene absolutely.
And responsible for Foshan municipal human resources and Zhou JianHua, Deputy Bureau Director of social security office, in this civil servant recruitment to say, their method accords with the fixed procedure: He sues us without having legislative authority, because we do according to Ministry of Public Health and regulation of the personnel department common manual, it is that the anaemia of Mediterranean is blood disease to check out, blood disease is to fail, can't enroll when failing in the personnel department.
" universal standard of physical examination that the civil servant is employed " that the reporter inquires and it is found that " the civil servant is employed the service manual of physical examination ", among them stipulate besides some simple iron deficiency anemia, blood disease is not up to standard, but not directed against the specification of the anaemia of Mediterranean. The anaemia of Mediterranean is more common in the South of China, 12%-15% of the people such as Guangdong, Guangxi, Hunan and other places have the gene of anaemia of Mediterranean, among 598 people of physical examination of the civil servant of Foshan last year, there are 31 people not up to standard. The management office of the civil servants of Hunan and Guangxi personnel department says respectively, they deal with according to country's unified standard, but the unable concrete reply has genes of anaemia of Mediterranean that can pass the physical examination:
The Hunan staff members of personnel department: I do not know this is too professional thing, we can not find out either, the standard of physical examination was not made by us, make why it carries out to be a professional one we sure here have very.
Reporter: Is this a standard or the country inside of the province?
The Hunan staff members of personnel department: The standard of the country, we have not done one's own standard, are all standards of unified country.
The Guangxi staff members of personnel department: Our Guangxi is according to the physical examination standard of the country too, this will be asked to the Ministry of Health, we make positive reply, that hospital provide, can allow qualified and right away qualified, not up to standard and not up to standard, rigorously enforce it according to the standard of the country, physical examination standard.
Reporter: Unable particularly this one can.
The Guangxi staff members of personnel department: Yes.
Academician of Chinese Academy of Engineering, the blood disease expert Lu DaoPei does not think the slight anaemia of Mediterranean should become the obstacle that a civil servant employ:
Lu DaoPei: Without real having illness coming on, the Mediterranean anaemia probably has a few diseases more or less.
Reporter: Will endanger very big disease?
Lu DaoPei: Endanger very big disease, according to my own opinion if other the intersection of terms and suitable, should not influence and employ very much.
But municipal human resources and Zhou JianHua, Deputy Bureau Director of social security office, in Foshan express, dangerous to still exist: If wipe out things by mistake or work hard too perhaps some people will present other bad symptoms.
As to today's court's trial, plaintiff and defendant both sides say that confident, plaintiff Xiao Tang also said: No matter how diligently it will be you, admit to I do in the test all right again next time, question that is to say this time, we have this gene since borning, no matter make any efforts, you can't change the gene on oneself even, this is innate, this is not according to making great efforts to reach oneself, have the fixed, we to can't do in the test again all one's life, so I think the prosecution must win and how about it is, but I think, you return a fair chance to us at least.
The sound of China will pay close attention to trying progress of this case.
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