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

250 Pages Posted: 22 Jul 2008 Last revised: 18 Jun 2009

See all articles by Lance Gable

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

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

Rudolf Van Puymbroeck

Independent

Date Written: 2007

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.

Suggested Citation

Gable, Lance and Gamharter, Katharina and Gostin, Lawrence O. and Hodge, James G. and Van Puymbroeck, Rudolf, 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: https://ssrn.com/abstract=1168786 or http://dx.doi.org/10.2139/ssrn.1168786

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

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

Sandra Day O'Connor College of Law
111 E. Taylor Street
Phoenix, AZ 85004-4467
United States
480-727-8576 (Phone)

HOME PAGE: http://https://law.asu.edu/degree-programs/public-health-law-policy

Rudolf Van Puymbroeck

Independent

No Address Available

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