HIV/AIDS, Reproductive and Sexual Health, and the Law

American Journal of Public Health, Vol. 98, No. 10, pp. 1779-1786, 2008

Wayne State University Law School Research Paper No. 10-22

Georgetown Public Law Research Paper No. 1406570

10 Pages Posted: 22 May 2009 Last revised: 21 Jun 2011

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

Date Written: May 18, 2009

Abstract

The law is a frequently overlooked tool for addressing the complex practical and ethical issues that arise from the HIV/AIDS pandemic. The law intersects with reproductive and sexual health issues and HIV/AIDS in many ways. Well-written and rigorously applied laws could benefit persons living with (or at risk of contracting) HIV/AIDS, particularly concerning their reproductive and sexual health. Access to reproductive health services should be a legal right, and discrimination based on HIV status, which undermines access, should be prohibited. Laws against sexual violence and exploitation, which perpetuate the spread of HIV and its negative effects, should be enforced. Finally, a human rights framework should inform the drafting of laws to more effectively protect health.

Suggested Citation

Gable, Lance and Gostin, Lawrence O. and Hodge, James G., HIV/AIDS, Reproductive and Sexual Health, and the Law (May 18, 2009). American Journal of Public Health, Vol. 98, No. 10, pp. 1779-1786, 2008; Wayne State University Law School Research Paper No. 10-22; Georgetown Public Law Research Paper No. 1406570. Available at SSRN: https://ssrn.com/abstract=1406570 or http://dx.doi.org/10.2139/ssrn.1406570

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 )

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

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