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civil service qualifications examination3.The local Personnel Bureau,however,rejected his application because it was found after an employment medial exam that he was infected by hepatitis B4.Zhang filed a lawsuit and alleged discrimination and a violation of his right of equality guaranteed by the Chinese Constitution5.The Court accepted to hear the case and delivered a judgment ruling in favour of Zhang.However,the Court decision was not clearly anti-discrimination"and did not impose any sanction or suggest any measure to redress the wrongdoing.The Court simply held thatthere was insufficient evidence to demonstrate that Zhang,although an HBV carrier,belonged to one of the seven HBV groups that Anhui's provincial health standards barred from public service4.As pointed out by a Chinese lawyer,Mr.Zhang won purely on technical grounds47. The Zhou and Zhang cases sparked national and international attention and became emblematic of the cause of millions of people who are denied job opportunities because of their health conditions.For instance,a non-profit organization defending hepatitis carriers' rights has set up an Internet forum for people living with the disease in China.Available at www.hbvhbv.com,the website's welcome page states the following: The hbver (Hepatitis B virus carriers)group has met different degree [of] discrimination in education,employment and many other aspects of life for some histor[ic]reason.We offer a communication platform for 120 million hbver to search medicine,exchange feeling[s]and seek help and make the hbver never feel lonely and helpless.We made much effort for protecting hbvers'legal right such as [in]the first HBV discrimination lawsuit of Zhang Xianzhu,[a]review of constitutionality submitted by 1161 citizens,ete. Until recently,several governmental agencies had,as a policy,bans on employment of hepatitis B or/and HIV carriers (and people with disabilities or "non-standard'physical 43Id. 41d. 45ld. Bonny Ling and Wing Lam,Hepatitis B:A Catalyst For Anti-Discrimination Reforms?,a available online at http://hrichina.org/public/PDFs/CRF.2.2007/CRF-2007-2_Hepatitis.pdf. 47 Xun Zeng,supra note 10,at 1004. he hepatitis B campWebsite,available online at http:/www.hbvhbv.com/english/. 99 civil service qualifications examination43. The local Personnel Bureau, however, rejected his application because it was found after an employment medial exam that he was infected by hepatitis B44. Zhang filed a lawsuit and alleged discrimination and a violation of his right of equality guaranteed by the Chinese Constitution45. The Court accepted to hear the case and delivered a judgment ruling in favour of Zhang. However, the Court decision was not clearly ‘‘anti-discrimination’’ and did not impose any sanction or suggest any measure to redress the wrongdoing. The Court simply held that ‘‘there was insufficient evidence to demonstrate that Zhang, although an HBV carrier, belonged to one of the seven HBV groups that Anhui’s provincial health standards barred from public service’’46 . As pointed out by a Chinese lawyer, Mr. Zhang won purely on technical grounds47 . The Zhou and Zhang cases sparked national and international attention and became emblematic of the cause of millions of people who are denied job opportunities because of their health conditions. For instance, a non-profit organization defending hepatitis carriers’ rights has set up an Internet forum for people living with the disease in China. Available at www.hbvhbv.com, the website’s welcome page states the following: The hbver (Hepatitis B virus carriers) group has met different degree [of] discrimination in education, employment and many other aspects of life for some histor[ic] reason. We offer a communication platform for 120 million hbver to search medicine, exchange feeling[s] and seek help and make the hbver never feel lonely and helpless. We made much effort for protecting hbvers' legal right such as [in] the first HBV discrimination lawsuit of Zhang Xianzhu, [a] review of constitutionality submitted by 1161 citizens, etc.48 Until recently, several governmental agencies had, as a policy, bans on employment of hepatitis B or/and HIV carriers (and people with disabilities or ‘‘non-standard’’ physical 43 Id. 44 Id. 45 Id. 46 Bonny Ling and Wing Lam, Hepatitis B: A Catalyst For Anti-Discrimination Reforms?, at 70, available online at http://hrichina.org/public/PDFs/CRF.2.2007/CRF-2007-2_Hepatitis.pdf. 47 Xun Zeng, supra note 10, at 1004. 48 ‘‘In the hepatitis B camp’’ Website, available online at http://www.hbvhbv.com/english/
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