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Examining legal and ethical challenges in HIV/AIDS disclosure obligations and medical practices: a case study from China
  1. Ziyi Xie1,
  2. Zhizhuang Duan2
  1. 1 Faculty of Humanities and Social Science, Macao Polytechnic University, Macao, China
  2. 2 Xingzhi College, Zhejiang Normal University, Jinhua, China
  1. Correspondence to Dr Zhizhuang Duan; 105009342{at}qq.com

Abstract

In accordance with China’s regulations on the prevention and control of HIV/AIDS, individuals diagnosed with HIV are required to disclose their medical condition when soliciting medical care in Mainland China. Empirical field investigations, however, indicate that people living with HIV (PLHIV) predominantly comply with this mandate only under conditions of absolute necessity. The ensuing conundrum, juxtaposing the imperative of privacy against the duty of disclosure, has materialised into a recurrent vicious cycle in its practical application, intensifying the intrinsic trust disparities characterising doctor-patient interactions. A meticulous scrutiny of pertinent legal precedents, coupled with in-depth field studies, reveals that the genesis of these complications can be traced back to an unforeseen metamorphosis in the legislative intent underpinning HIV/AIDS prevention and therapeutic strategies. While the initial objective was risk mitigation, the effect of enactment in real-world scenarios has significantly decreased. Owing to factors including extensive media reporting as well as prevailing public discourse, PLHIV, rather than being perceived as rights-bearing entities in legal frameworks, are increasingly relegated to the restrictive and dehumanising labels of ‘HIV/AIDS’. As these individuals navigate their rights through alternative non-regulatory channels, circumventing formal legal obligations, their efficacy in actualising these rights is concurrently undermined.

  • HIV/AIDS
  • Ethics
  • Health policy
  • medical/health law
  • human rights

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Data are available upon request.

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Footnotes

  • Contributors ZX served as the first author, and ZD served as the corresponding author. ZX was primarily responsible for the conceptualisation of the study, literature review and drafting of the manuscript. ZD provided guidance, oversight and critical revisions to the manuscript. Both authors reviewed and approved the final version of the manuscript for submission. ZD is the project lead and guarantor for the study.

  • Funding The authors have not declared a specific grant for this research from any funding agency in the public, commercial or not-for-profit sectors.

  • Competing interests None declared.

  • Provenance and peer review Not commissioned; externally peer reviewed.