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HIV/AIDS Tests as a Proxy for RacialDiscrimination?
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slothrop



Joined: 03 Feb 2003

PostPosted: Tue Jan 08, 2013 5:36 am    Post subject: Reply with quote

hey man, it's the venusian elder's galaxy and we're just guests passing through. we should all just be grateful they let us have 4 of the 10 seasons and the halucination of smooth legs coming out of short skirts as opposed to the nightmarish noumena that underlies our perceptions.

well, you know what they say on venusia(roughly translated)...
"when the sun explodes, it's ALL recycled."
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Los Angeloser



Joined: 26 Aug 2010
Location: Korea

PostPosted: Sun Jan 13, 2013 3:28 pm    Post subject: Reply with quote

rollo wrote:
You got free airplane tickets, free housing


I guess your mama and papa never told you that nothing is free in this world, but go ahead and keep believing.
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Los Angeloser



Joined: 26 Aug 2010
Location: Korea

PostPosted: Mon Feb 18, 2013 8:28 am    Post subject: Reply with quote

Update: Act by Feb. 23rd.

Lawyers for a Democratic Society seek testimony by E-2 visa holders regarding mandatory HIV testing

MINBYUN – Lawyers for a Democratic Society...
http://minbyun.org/english/archives/540
...is currently seeking testimonies from those that have been subjected to mandatory HIV testing in order to receive or renew an E2 visa.


Legal NGO Filing Complaint with UN Regarding E2 HIV Testing
http://www.expathell.com/?p=5616
"For those of my readers on an E2 visa, who have been subjected to mandatory HIV testing due to your job as an English instructor, it appears as though a Korean NGO consisting of 740 lawyers and 11 committees is about to submit a letter of allegation to the UN on your behalf. If you have an E2 visa, and were forced to subject to an HIV test as a condition of employment, you may want offer your input to the NGO."


The Korean Government has yet to explain the link between classroom teaching and HIV infection, require that Korean nationals with the same employment undergo testing, or provide any official data to support a link between sex crimes and E2 visa holders. Due to the discriminatory nature of the testing and under the premise that it is in violation with Korea’s commitment to the UN Committee on the Elimination of Racial Discrimination, we will be sending a letter of allegation to the UN Special Rapporteur on contemporary forms of racism, racial discrimination and xenophobia and related intolerance.

If you are interested in giving your testimony please send the following information to E2testing@minbyun.or.kr by February 23, 2013.

Name:
Age:
Nationality:
Date of the incident(s):
Date and length of contract(s):
Details such as the following:

-If you were allowed to choose the hospital where you were tested
-If the hospital staff communicated with you in English or if you needed a translator to communicate with the hospital staff
-If you were provided with any education or training on the prevention of HIV
-If you ever felt mistreated or harassed related to HIV/AIDs
-If you were pressured to take the test more than once within a year
-If your results were reported directly to you or through an employee at your school, the immigration office, or the MOE
-If you feel that your test results resulted in harassment or termination
-If you refused to be tested and subsequently were denied a visa or terminated

Please provide us with a way to contact you for further details. Depending on the volume of replies we may not be able to respond immediately, but we will follow up with those that will be included in the report.

Thank you.

Seeing as it has now been over seven months since the Committee on the Elimination of Racial Discrimination accepted the complaint from a foreign teacher who refused to take an HIV test to renew her contract at a public school in Ulsan in 2009 and lost her job, and over four months since the deadline for the ROK to respond to the CERD complaint passed, perhaps this will help convince the committee to make a decision without a response from the ROK. For more on the case, there is this press release about the case in both English and Korean which the Korean media did not respond to.
http://populargusts.blogspot.kr/2013/02/lawyers-for-democratic-society-seek.html
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Mon Feb 18, 2013 12:15 pm    Post subject: Reply with quote

Great you are now a mouthpiece for an NGO and come on here to publish what they ask.

Fantastic.
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Los Angeloser



Joined: 26 Aug 2010
Location: Korea

PostPosted: Mon Feb 18, 2013 2:09 pm    Post subject: Reply with quote

PatrickGHBusan wrote:
Great you are now a mouthpiece for an NGO and come on here to publish what they ask.

Fantastic.


I'm not surprised, but you've got it backwards.
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rollo



Joined: 10 May 2006
Location: China

PostPosted: Tue Feb 19, 2013 9:14 am    Post subject: Reply with quote

Oh boy!! that is soooo exciting. lawyers and everything. The U.N. and a letter.

The relentless persecution of English Teachers by Koreans will now be exposed.

What's your cut Los Angeloser?
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Wed Feb 20, 2013 2:50 pm    Post subject: Reply with quote

Los Angeloser wrote:
PatrickGHBusan wrote:
Great you are now a mouthpiece for an NGO and come on here to publish what they ask.

Fantastic.


I'm not surprised, but you've got it backwards.


No no, I got it perfectly. By the way its ok, all this jives perfectly with your crusader mentality.

All is well, carry on.
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big_fella1



Joined: 08 Dec 2005

PostPosted: Wed Feb 20, 2013 4:57 pm    Post subject: Reply with quote

HIV tests for teachers are xenophobic, pure and simple and should be scrapped or the whole visa system changed.

But taking it to the UN won't work. There is already one complaint before the UN Committee for Elimination of Racial Discrimination and despite Korea having ratified the treaty to accept the committees rulings, the Korean government just refuses to respond to the complaint.

Where this case will be won (or lost) is in the Korean Constitutional Court.

The Korean constitution provides everyone protection not just Korean citizens:
Quote:
Article6
(1)Treaties duly concluded and promulgated under the Constitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the Republic of Korea.
(2)The status of aliens shall be guaranteed as prescribed by international law and treaties.


There is an economic cost argument but there is no public health argument against preventing HIV positive people from teaching in Korea. There is also a public health argument for better education about how HIV is transmitted to the local population.

Australia requires health checks of people applying for all visas, however these checks can be performed in your own country and being HIV positive doesn't automatically stop you from getting a visa, the test used is the cost of health care to the Australian community and community services. I think that basically means "no" unless you are able to support the health costs without relying on Medicare.

Singling out E2 applicants is offensive, but I don't know how the constitutional court would rule on this.
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thebearofbundang



Joined: 02 Sep 2012
Location: Bundang

PostPosted: Wed Feb 20, 2013 7:41 pm    Post subject: Reply with quote

My wife needed to have an HIV test in order to work and live in Canada. I guess if Canada expects her to do it, than I have no issue with doing it if I choose to live and work in her country.

Seems fair enough..
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Gaegeum2003



Joined: 08 Jan 2011

PostPosted: Thu Feb 21, 2013 4:29 am    Post subject: Reply with quote

You're right about Canada requiring an HIV test. The only thing that you leave out is that you only have to do that once for immigration so that you're not a burden on the free healthcare program in Canada.

However, to work in Korea, you need to take one every year. So that's one compared to potentially dozens of them for the foreseeable future.
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Thu Feb 21, 2013 8:14 am    Post subject: Reply with quote

I beg to differ gaegum.

Once the work permit expires and if that person leaves Canada and wishes to have a new work permit, they have to take the medical tests again and those are different depending on where you will work.

As an IMMIGRANT to Canada, which is completely different than a FOREIGN TEMPORARY WORKER, you take a full medical ONCE to get your immigration papers approved, then you become a permanent resident.

For example, my wife's friend worked in Toronto 2 years ago as a foreign worker. He had to take a full medical (including HIV). He left at the end of term and came back a year later for another job in the same field, he was again required to take a medical (including HIV).

My wife is a permanent resident of Canada and as such can apply for any job she likes and all she has to do is meet the job requirements. Some jobs (ex: daycare workers) require a medical however, and this includes a list of diseases considered contageous and or dangerous.

The comparable for Korea would be someone on a RESIDENCY visa (F-series). Such people typically face fewer restrictions which is perfectly normal as they are now considered RESIDENTS and not FOREIGN WORKERS.
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Los Angeloser



Joined: 26 Aug 2010
Location: Korea

PostPosted: Thu Feb 21, 2013 8:18 am    Post subject: Reply with quote

big_fella1 wrote:
HIV tests for teachers are xenophobic, pure and simple and should be scrapped or the whole visa system changed.

But taking it to the UN won't work. There is already one complaint before the UN Committee for Elimination of Racial Discrimination and despite Korea having ratified the treaty to accept the committees rulings, the Korean government just refuses to respond to the complaint.

Where this case will be won (or lost) is in the Korean Constitutional Court.

The Korean constitution provides everyone protection not just Korean citizens:
Quote:
Article6
(1)Treaties duly concluded and promulgated under the Constitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the Republic of Korea.
(2)The status of aliens shall be guaranteed as prescribed by international law and treaties.


There is an economic cost argument but there is no public health argument against preventing HIV positive people from teaching in Korea. There is also a public health argument for better education about how HIV is transmitted to the local population.

Australia requires health checks of people applying for all visas, however these checks can be performed in your own country and being HIV positive doesn't automatically stop you from getting a visa, the test used is the cost of health care to the Australian community and community services. I think that basically means "no" unless you are able to support the health costs without relying on Medicare.

Singling out E2 applicants is offensive, but I don't know how the constitutional court would rule on this.


Your Supreme Court has already been tried in a similar case but why would you think the Korean court system wouldn't dream up a decision from their back side?
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Gaegeum2003



Joined: 08 Jan 2011

PostPosted: Thu Feb 21, 2013 3:11 pm    Post subject: Reply with quote

PatrickGHBusan wrote:
I beg to differ gaegum.

Once the work permit expires and if that person leaves Canada and wishes to have a new work permit, they have to take the medical tests again and those are different depending on where you will work.

As an IMMIGRANT to Canada, which is completely different than a FOREIGN TEMPORARY WORKER, you take a full medical ONCE to get your immigration papers approved, then you become a permanent resident.

For example, my wife's friend worked in Toronto 2 years ago as a foreign worker. He had to take a full medical (including HIV). He left at the end of term and came back a year later for another job in the same field, he was again required to take a medical (including HIV).

My wife is a permanent resident of Canada and as such can apply for any job she likes and all she has to do is meet the job requirements. Some jobs (ex: daycare workers) require a medical however, and this includes a list of diseases considered contageous and or dangerous.

The comparable for Korea would be someone on a RESIDENCY visa (F-series). Such people typically face fewer restrictions which is perfectly normal as they are now considered RESIDENTS and not FOREIGN WORKERS.


Close, but not quite.

In order for me to work in Korea as an F visa holder (so a permanent resident), I have to do an HIV test every year in order to work as a teacher.

In order for my wife to live and work in Canada, as a permanent resident, she only has to do the test once.

We're both permanent residents of each others countries. I find it helpful to compare apples to apples, and not oranges to apples.
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thebearofbundang



Joined: 02 Sep 2012
Location: Bundang

PostPosted: Thu Feb 21, 2013 4:33 pm    Post subject: Reply with quote

So your issue is with your employeers policy (MOE). It's not an immigration issue.

I beleive your issue is legit, but much different than someone being forced to take a medical to renew a work visa, which was the way it worked in canada 6 years ago also. Not sure if it's changed, but my wife did have to re-do her medical in order to renew her work visa before becoming a PR.

As an F6 visa holder who is not teaching anymore, I do not have to do a medical every year.
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thebearofbundang



Joined: 02 Sep 2012
Location: Bundang

PostPosted: Thu Feb 21, 2013 4:37 pm    Post subject: Reply with quote

The thing that would make the most sense would be to have all NET's take the HIV test once, when they start. Every year seems to be a little much.
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