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Legal Aspects of HIV/AIDS: A Guide for Policy and Law Reform


Lance Gable


Wayne State University Law School

Katharina Gamharter


The World Bank

Lawrence O. Gostin


Georgetown University - Law Center - O'Neill Institute for National and Global Health Law

James G. Hodge Jr.


Arizona State University (ASU) - Sandra Day O'Connor College of Law

Rudolf V. Van Puymbroeck


Independent

2007

Wayne State University Law School Research Paper No. 08-24

Abstract:     
This book provides a wide-ranging assessment of laws and policies that impact HIV and AIDS. It shows how laws and regulations can either underpin or undermine good public health programs and responsible personal behaviors. Spanning 65 distinct legal topics, the authors demonstrate the scope and breadth of laws through a comparative law analysis. The book begins with a long section on public health laws, covering efforts to track the spread of the disease through testing and screening for HIV infections and AIDS; to deter transmission through prevention, prophylaxis, and partner notification; and to assist those infected through treatment. Next the authors address legal protection against discrimination across multiple areas of society including work, education, and health services. Subsequent chapters cover a variety of relevant topics including disclosure of HIV status, clinical research, access to information, and access to medicines. The legal issues facing several at-risk populations are specifically addressed in discrete chapters on women, children, men who have sex with men, sex workers, and injecting drug users.

The Guide is intended to be of practical use for legal reform to support effective action against HIV/AIDS. We seek to alert those working on AIDS strategies and projects to opportunities for legal and policy reform and to provide them with tools to tackle the job effectively. To achieve this, we adopted the following format for each topic: first, we identify the specific issue or issues raised by the topic, and we follow that with a discussion of the pertinent legal and policy considerations. Then we give at least one good practice example (often providing actual statutory language), and follow that up with a list of key references.

Number of Pages in PDF File: 250

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Date posted: July 22, 2008 ; Last revised: June 18, 2009

Suggested Citation

Gable, Lance and Gamharter, Katharina and Gostin, Lawrence O. and Hodge, James G. and Van Puymbroeck, Rudolf V., Legal Aspects of HIV/AIDS: A Guide for Policy and Law Reform (2007). Wayne State University Law School Research Paper No. 08-24. Available at SSRN: http://ssrn.com/abstract=1168786 or http://dx.doi.org/10.2139/ssrn.1168786

Contact Information

Lance Gable (Contact Author)
Wayne State University Law School ( email )
471 Palmer
Detroit, MI 48202
United States
Katharina Gamharter
The World Bank ( email )
1818 H Street, NW
Washington, DC 20433
United States
Lawrence O. Gostin
Georgetown University - Law Center - O'Neill Institute for National and Global Health Law ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9038 (Phone)
202-662-9055 (Fax)
James G. Hodge Jr.
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
Rudolf V. Van Puymbroeck
Independent
No Address Available
Feedback to SSRN


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