Women and HIV: A Gender-Based Analysis of a Disease and Its Legal Regulation

50 Pages Posted: 28 May 2009 Last revised: 14 Mar 2014

See all articles by Mary Anne Bobinski

Mary Anne Bobinski

University of British Columbia (UBC) - Faculty of Law

Date Written: 1994

Abstract

This Article explores the utility of applying a gender-based analysis to the problems associated with HIV infection and its legal regulation. Part I explains the theories justifying the use of gender in analyzing legal rules, thus providing the rationale for the application of a gender-based analysis in the remaining parts of this piece. Part II analyzes the effect of "gender-neutral" policies on women with HIV infection who have sought treatment or access to clinical research trials or protocols. In Part III, the same mode of analysis is applied to some of the seldom-discussed problems associated with criminal and civil tort regulation of HIV transmission. In Part IV, I conclude that a gender-based analysis is a useful tool for understanding and critiquing several aspects of the legal system's response to HIV infection. The author also concludes, however, that a gender analysis alone is inadequate to determine appropriate criminal or tort policies toward HIV transmission.

Keywords: AIDS (Disease), Gender analysis, HIV infection, Women

Suggested Citation

Bobinski, Mary Anne, Women and HIV: A Gender-Based Analysis of a Disease and Its Legal Regulation (1994). Texas Journal of Women and the Law, Vol. 3, pp. 7-56, 1994. Available at SSRN: https://ssrn.com/abstract=1410818

Mary Anne Bobinski (Contact Author)

University of British Columbia (UBC) - Faculty of Law ( email )

1822 East Mall
Vancouver V6T 1Z1, British Columbia V6T 1Z1
Canada
604-822-2818 (Phone)

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