Li, Zijin (2013) From darkness to dawn : tackling discrimination based on health status in China. PhD thesis, University of Warwick.

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Abstract

Discrimination based on health status is a serious problem in China, which
influences the fundamental rights of millions of people. This thesis mainly discusses
the nature, characteristics and reasons of discrimination based on health status in
China. As a contextual and socio-legal study, this thesis employs doctrinal, empirical,
historical, international & comparative law methods to provide a comprehensive and
in-depth study on tackling discrimination based on health status in China. It is
among the earliest researches that focus on the specific topic of discrimination based
on health status in China.
This thesis argues that various factors are responsible for continuing discrimination
based on health status in China. Particularly, the fragmentary, incomplete,
ambiguous and conflicting legislation, the ineffective, arbitrary and bureaucratic
administration, the dependant and ineffective judiciary, the less active nongovernmental
actors, and other relevant political, economic, medical and cultural
factors, interact with one another to cause continuing discrimination.
To pursue this argument, first, the thesis clarifies the necessity to prohibit
discrimination based on health status by analysing relevant definitions and theories
of such discrimination. Second, the thesis explores how discrimination based on
health status has been tackled in international law and domestic law in various other
jurisdictions, in order to reveal international responsibility China should bear and
foreign lessons China can learn. Third, the thesis examines how discrimination based
on health status has been tackled in Chinese history and reality to understand why
such discrimination remains serious today. Fourth, the thesis discusses findings of
the author’s fieldwork on tackling discrimination based on health status in China to
investigate the effectiveness of the current anti-discrimination regime. Based on the
above analyses, the thesis finally concludes the main reasons for continuing
discrimination based on health status in China and proposes a more effective antidiscrimination
regime in China to prohibit such discrimination.

Item Type:	Thesis (PhD)
Subjects:	K Law [LC] > KN Asia and Eurasia, Africa, Pacific Area, and Antarctica R Medicine > RA Public aspects of medicine > RA0421 Public health. Hygiene. Preventive Medicine
Library of Congress Subject Headings (LCSH):	Discrimination in medical care -- Law and legislation -- China, Health services accessibility -- Law and legislation -- China, Social medicine -- China, Health status indicators -- China
Official Date:	April 2013
Dates:	Date Event April 2013 Submitted
Institution:	University of Warwick
Theses Department:	School of Law
Thesis Type:	PhD
Publication Status:	Unpublished
Supervisor(s)/Advisor:	Pogany, Istvan S.; Ferraz, Octavio; Meszaros, George
Sponsors:	Warwick Postgraduate Research Scholarship
Extent:	ix, 347 leaves.
Language:	eng

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