Premarital Medical Examination Organization: Does it have the Right to Inform the Abnormal Examination Results?
| Autor: | Bo-Lin Ke, Zhi-Zhuang Duan, Rui Zheng |
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| Rok vydání: | 2023 |
| Předmět: | |
| Zdroj: | Scholars International Journal of Law, Crime and Justice. 6:24-26 |
| ISSN: | 2617-3484 2616-7956 |
| DOI: | 10.36348/sijlcj.2023.v06i01.004 |
| Popis: | In January 2016, a piece of news spread widely across the media—a man injected HIV three months after his marriage because the Premarital Medical Examination Organization had not informed him that his wife was suspected of having AIDS. The organization said that unauthorized disclosure would violate the privacy rights of the parties. As the primary institution that knows the inspection results, when the results are abnormal, and the parties do not voluntarily fulfill the obligation of informing stipulated in Article 1053 of the Civil Code of the People’s Republic of China, in order to balance the right to privacy and the right to know of the parties in such incidents, should the law add the corresponding obligation of informing? This paper refers to the classification of premarital medical examination in the Maternal and Infant Health Care Law and centers on Article 1053 of the Civil Code. It is suggested that a dual informing system should be established to combine personal and premarital medical examination organization. Plus, this paper presents that the formulation of infectious disease requirements that may infringe on the life and health of the other party and even the public interest should be compulsorily informed by the premarital medical examination organizations, and the secondary information should be advised by the doctor to inform the parties to do it voluntarily. |
| Databáze: | OpenAIRE |
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