艾滋病防控中政府干预与公民自主权利的冲突

The Conflict between Governmental Intervention and Civic Autonomy in AIDS Prevention and Control

政府干预是艾滋病防控的主导环节,但是政府干预常常对公民自主权利造成一定的限制,其实质是公共健康与个人权利的冲突。这种冲突主要表现在艾滋病人的告知义务与婚姻自主权利之间的冲突;实名检测与隐私权利之间的冲突;强制检测与知情同意权利之间的冲突等。如何协调这些冲突,从而使公共健康与公民自主权利相互促进,是艾滋病防控的一个重要问题。

Governmental intervention plays a leading part in AIDS prevention and control. But it often causes certain restrictions to the autonomous rights of citizens, which, in effect, is the conflict between the public health and the individual rights. The conflict includes the conflict between the AIDS -informing obligation and marriage autonomy of the AIDS patients, the conflict between the real name detection and privacy - keeping rights, the conflict between mandatory testing and approved testing by the AIDS patients and the like. How to settle these conflicts in order to achieve the mutual promotion between the public health and civic autonomy rights is an important issue of AIDS prevention and control.