What is the meaning of World AIDS Day? Can educational institutions in Vietnam expel HIV-positive students?

What is the meaning of World AIDS Day?

World AIDS Day is an international celebration held on December 1 each year, aimed at raising awareness about the AIDS epidemic caused by the spread of HIV, and to commemorate those who have died from HIV/AIDS.

"World AIDS Day" was first conceived in August 1987 by James W. Bunn and Thomas Netter, two public information officers for the "Global Program on AIDS" of the World Health Organization in Geneva, Switzerland. Bunn and Netter shared their idea with Dr. Jonathan Mann, Director of the Global Program on AIDS (now called the Joint United Nations Programme on HIV/AIDS). Dr. Mann liked the initiative and agreed to hold the first World AIDS Day on December 1, 1988.

On June 18, 1986, the "AIDS Lifeline" program of the KPIX television station—a community education project—was honored by President Ronald Reagan as an example of private sector initiative. Due to his role as co-creator of the "AIDS Lifeline" program, Bunn was asked by Dr. Mann—on behalf of the US Government—to take a two-year leave of absence (from KPIX) to work with Dr. Mann, an epidemiologist working at the Centers for Disease Control, to assist in creating the "Global Program on AIDS" for the United Nations World Health Organization. Bunn agreed and was appointed as the first public information officer for the Global Program on AIDS. Together with Netter, Bunn conceived, designed, and inaugurated the first World AIDS Day—now the longest-running public health awareness and prevention initiative in history.

Rather than focusing on a single day, the Joint United Nations Programme on HIV/AIDS launched the "World AIDS Campaign" in 1997 to focus on information, prevention, and education about HIV/AIDS throughout the year. During the first two years, the theme of World AIDS Day focused on children and young people. These themes were strongly criticized at the time for ignoring the fact that people of all ages could be infected with HIV and AIDS. Nevertheless, the themes drew attention to the HIV/AIDS epidemic, helping reduce some stigma surrounding the disease, and helping promote recognition of the issue as a family illness.

In 2004, the "World AIDS Campaign" became an independent organization.

The Joint United Nations Programme on HIV/AIDS (UNAIDS) was established in 1996 to lead the global response to HIV. UNAIDS guides and inspires the world in achieving a shared vision of zero new HIV infections, zero discrimination, and zero AIDS-related deaths. UNAIDS brings together efforts of 11 United Nations organizations, including UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO, and the World Bank, and works closely with global and national partners to strive for an end to the AIDS epidemic by 2030, so that AIDS is no longer a public health threat.

The red ribbon, which can be worn on the wrist or placed in solemn places, is the global symbol of solidarity with people living with HIV and those affected by AIDS.

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What is the meaning of World AIDS Day? Can educational institutions in Vietnam expel HIV-positive students? (Image from the Internet)

Can educational institutions in Vietnam expel HIV-positive students?

According to Clause 2, Article 15 of the Law on Prevention and Control of HIV/AIDS 2006, provisions on HIV/AIDS prevention and control in educational institutions within the national education system are as follows:

 HIV/AIDS prevention and control in educational institutions within the national education system

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2. Educational institutions may not:

a/ Refuse to admit a student or learner on the ground that such person is infected with HIV;

b/ Discipline or expel a student/learner on the ground that such person is infected with HIV;

c/ Separate, limit or forbid a student or learner from participating in the establishment's activities or services on the ground that such person is infected with HIV;

d/ Request a student, leaner or a candidate to have HIV tested or produce an HIV test result.

Thus, educational institutions do not have the right to expel HIV-positive students.

What are the penalties imposed on educational institutions that expel HIV-positive students in Vietnam?

Under Clause 3, Article 23 of Decree 117/2020/ND-CPon penalties for violations against HIV anti-discrimination regulations in Vietnam:

Violations against HIV anti-discrimination regulations

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3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for commission of one of the following violations:

a) Terminating signed employment contracts or public employee contracts or causing difficulties to employees during employment because they are infected with HIV;

b) Forcing employees who are still fit for their current job positions to transfer to other job positions because they are infected with HIV;

c) Refusing to accept pay raise/promotion claims or failing to ensure lawful rights and benefits of employees who are infected with HIV;

d) Discipline or expel pupils, students or trainees for HIV infection;

dd) Using images/media messages that discriminate against HIV-infected persons and/or their family members.

According to Clause 5, Article 4 of the Decree 117/2020/ND-CP, regulations on fines for individuals and organizations are as follows:

Fines

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5. The fines prescribed in Chapter II hereof are imposed on violating individuals. The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation.

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Thus, educational institutions that expel HIV-positive students will be fined from 20,000,000 VND to 40,000,000 VND. In addition, the educational institution will be required to re-admit the student.