The year 2013 marks the 25th World AIDS Day, which falls on December 1. The topic of people living with HI V/AIDS was once again thrust into the spotlight in China when the government released a draft regulation on October 12, forbidding people living with HI V/AIDS to enter public bathhouses.

The regulation, drafted by China’s Ministry of Commerce, stipulates that public bathhouses and similar facilities including spa houses, hot spring and foot massage parlors should display conspicuous signs preventing people with sexually transmitted diseases, AIDS and infectious skin diseases from accessing. Violators will be warned or could be fined as much as 30,000 yuan ($4,920).

The draft rule has been posted on the ministry’s website for a month to solicit public opinion. As soon as it was released, heated discussion was ignited among the public. Some approve of the regulation and believe that in regards to public health priorities, people living with any infectious disease, HI V included, should be encouraged against using public facilities that carry a potential for contamination. However, others criticize the regulation as discriminatory by arguing that the possibility of being infected by the HI V virus in a public bathhouse is extremely low.

Pro

Chi Mo

Media commentator

Banning people living with HIV from entering public bathhouses aims to protect public health. Admittedly, people with HIV enjoy civil rights endowed by the law, and deserve respect and equal treatment as ordinary citizens. However, they should consider the potential hazards they might bring to others as a victim of the disease. It is legitimate to ask them to stay away from public bathhouses. In China, people with sexually transmitted diseases are forbidden in such places. It goes against the law when someone is aware of his or her sexually transmitted disease and spreads it to others on purpose. As one of the sexually transmitted diseases pinpointed by the law, HIV should also be forbidden in such public facilities. Even though the possibility of people getting infected by the disease by sharing a bath with someone living with HIV is extremely low, it exists. Those who have skin wounds are vulnerable to the virus. Taking the regulation as discrimination against people with HIV seems to be way over the top.

Con

Editorial

The Beijing News

The regulation not only goes against scientific knowledge and the law, but is also a blatant discrimination against people living with HIV. It has been proven that HIV can only be transmitted in three ways, that is, through sexual, blood-borne and mother-to-child transmissions. The seemingly fierce virus can hardly survive soon after it leaves the human body, and won’t be infectious in hot water. Therefore, people with HIV won’t threaten others’ health by bathing in public bathhouses or similar facilities. In reality, it is not possible to implement such a regulation. No one could differentiate people with HIV with their naked eyes. And the law also stipulates that the privacy of people with AIDS should be protected. Other than HIV victims themselves and their family, others won’t be able to know their illness. Under such circumstances, the regulation is only a dead letter. People with HIV are not criminals, but have the same rights as every other citizen, including the right to enjoy public bathhouses and other public facilities. Blatantly forbidding them from entering such facilities goes against values of modern civilization, doing no good to preventing the spread of HIV and only exacerbating the public’s discrimination. People living with HIV are a vulnerable group. When making public policies related to them, the government should be prudent.

Pro

Guo Yuanpeng

Scol.com.cn

Medical experts have only theoretically verified the ways that AIDS is transmitted. But in reality there are loopholes. Experts note that even if the AIDS virus contaminates the water, it could not survive at the average temperature public bathhouses adopted. However, will the water temperature in every public bathhouse reach the required standard? If the temperature does not reach 56 degrees Celsius, the supposed temperature above which AIDS viruses can’t survive, wouldn’t it be a threat to others? Another loophole is, will everyone going to the public bathhouses have intact skin? Of course, it doesn’t matter if their skin is wounded as long as no virus was brought by people living with AIDS or if the water temperature met the required standard. What would happen in a scenario where the HIV virus was present and the water temperature was below 56 degrees Celsius?

Pro

Wang Yuedan

Medical expert

The regulation aims to regulate the whole bathing industry where some services apart from showering and bathing may cause skin wounds. For example, in the service of pedicure, knives will be used and may cause bleeding and wounds. And certain massage services may damage the skin of those who have folliculitis. HIV may be transmitted through the two ways above mentioned.

Con

Lun Wenhui

Doctor in Beijing

Healthy people won’t get infected by HIV by talking and eating with people living with the disease. And it is also safe to share bath or swim with them. HIV viruses are fragile as they will die soon after being separated from the human body. Public bathhouses also take measures to sterilize the water. The temperature of the water will also accelerate the death of viruses. Signs won’t effectively keep people living with HIV away. The disease cannot be diagnosed with naked eyes but has to be tested through scientific approaches. If the regulation was implemented, does it mean that everyone should go through HIV tests before going to have a bath in public bathhouses?

Pro

Ma Yupeng

Yanzhao Evening News

As medical experts have said, the AIDS virus can be eliminated in 30 minutes in an environment with temperatures above 56 degrees Celsius, and intact skin is an effective protection from the virus. That means AIDS and sexually transmitted diseases are not transmitted as easily as some people assume. However, there should be no flukes in safeguarding public health. Many incidents threatening public health result from things that seem impossible to happen. One side of the equation is certain groups’ consumption freedom. And the other side is the safety of public health. If there has to be a choice, it is the former that should be compromised. No one has the right or sufficient reason to put public health at stake. And those who oppose the regulation with the excuse that it discriminates against people living with HIV is actually over exaggerating the issue.

Con

Wu Shuai

Beijing Morning Post

The regulation won’t help prevent the transmission of HIV, but may provoke antagonism among people living with HIV. Their rights should coexist with the safety of public health. When the government makes policies to protect public health, it should also give due respect to people with HIV/AIDS. Other than posting discriminatory signs banning them from entering, I suggest a more tolerant solution by setting up a special bathroom exclusive for people with HIV. It could allay the public’s fear while protecting the rights of people living with HIV.