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http://ssrn.com/abstract=1406573
 
 

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A Global Assessment of the Role of Law in the HIV/AIDS Pandemic


Lance Gable


Wayne State University Law School

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

May 18, 2009

Public Health, Vol. 123, pp. 260-264, 2009
Wayne State University Law School Research Paper No. 10-25

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 immunodeficiency virus (HIV)/acquired immunodeficiency 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 scientific 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.

Number of Pages in PDF File: 7

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Date posted: May 21, 2009 ; Last revised: December 1, 2013

Suggested Citation

Gable, Lance and Gostin, Lawrence O. and Hodge, James G., A Global Assessment of the Role of Law in the HIV/AIDS Pandemic (May 18, 2009). Public Health, Vol. 123, pp. 260-264, 2009; Wayne State University Law School Research Paper No. 10-25. Available at SSRN: http://ssrn.com/abstract=1406573 or http://dx.doi.org/10.2139/ssrn.1406573

Contact Information

Lance Gable (Contact Author)
Wayne State University Law School ( email )
471 Palmer
Detroit, MI 48202
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
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