HIV-positive passengers sue Spring Airlines for prohibiting them from boarding flight

By Sushmita Dhekne, August 19, 2014

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Two HIV-positive passengers are suing China's Spring Airlines for prohibiting them from boarding a flight from Shenyang to Shijiazhuang.

On 28 July, the two men, along with a friend who does not have HIV, informed the staff of their condition only to have their tickets canceled. One passenger told the Fazhi Evening Paper that "the official immediately rang up the Shanghai head office for instructions, and then told us the company has rules forbidding the transportation of passengers with HIV." They were then forced to take a train to their destination.

The three passengers have filed a claim accusing the budget airline of discrimination, and are demanding RMB51,321 in compensation and an apology. The Shenyang Dongling District Court accepted the case, officially making it China's first lawsuit against an airline for discriminating against an HIV-afflicted person. 

Spring Airlines states that it has the right to refuse passage to those with "infectious diseases." However, Liu Wei, the defendants' lawyer, said the airline had no evidence the passengers’ presence would infect anyone else on board.

On 1 August, Spring Airlines announced on their official microblog, "We do not discriminate against AIDS patients," but also added that AIDS patients should "take the necessary protective measures" while booking their flight.

The airline's chairman, Wang Zhenghua responded by saying:

The staff got a little nervous after hearing about the passenger's condition. We need to understand AIDS more. But I also think that AIDS patients should not publicize their condition. "Ah, I have AIDS!" AIDS patients expect others to have a procedure. If patients don't publicize their condition and buy the ticket, they won't be refused to board, there is no possibility (of that happening).

 

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