HIV/AIDS, Reproductive and Sexual Health, and the Law
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
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
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.
Number of Pages in PDF File: 10
Date posted: May 22, 2009 ; Last revised: June 21, 2011