Faculty Scholarship Repository

A Service of the Ross-Blakley Law Library


Article
A Global Assessment of the Role of Law in the HIV/AIDS Pandemic
James G. Hodge Jr. and Lance Gable et al.
123 Pub. Health 260 (2009)
 
Open Access

Abstract:

This article examines the dynamic role of law as a tool, and potential barrier, to public health interventions designed to ameliorate the negative impacts of human immunode?ciency virus (HIV)/acquired immunode?ciency syndrome (AIDS) globally. Law impacts the lives of persons living with (and at risk of) HIV/AIDS in many ways. Laws may:

(1) help to ensure that public health authorities are empowered to provide effective prevention and treatment programmes; (2) effectuate the human rights to life, health, work, education and property ownership of persons living with, or at risk of, HIV/AIDS; and (3) protect persons living with HIV/AIDS from social risks, stigma and other harms by respecting privacy and prohibiting unwarranted discrimination. However, laws can also create legal barriers in many countries that impede effective HIV/AIDS interventions by penalizing those with HIV/AIDS through criminal sanctions or other policies. As a result, it is recommended globally that laws should facilitate the prevention and treatment of HIV/AIDS consistent with scienti?c and public health practices and with a human rights framework. Effective use of existing laws that promote the public’s health, and reforms of laws which impede it, contribute to improved individual and communal health outcomes concerning HIV/AIDS.
6,416
Total Views