Legal Aspects of HIV/AIDS - A Guide for Policy and Law Reform
Lance Gable, Katharina Gamharter, Lawrence O. Gostin, James G. Hodge, Jr., Rudolf V. Van Puymbroeck
Global HIV/AIDS Program and Legal Vice Presidency - The World Bank, 2007
Available online as PDF file [250p.] at:
http://siteresources.worldbank.org/INTHIVAIDS/Resources/375798-1103037153392/LegalAspectsOfHIVAIDS.pdf
"......Dealing successfully with HIV/AIDS cuts across almost all areas of government responsibility, and as the breadth of the 65 topics included in the Guide shows, there are many ways in which laws and regulations can either underpin or undermine good public health programs and responsible personal behaviors.
The Guide indicates that statutes relating to many areas of human endeavor—from intimate private conduct to international travel—can contribute to stigma, discrimination, and exclusion or, contrariwise, can avoid and help remedy these inequities. Thus, in order to create a supportive legal framework it is important that governments identify and address effectively any gaps or other problematic aspects of their legislation and regulatory systems...."
Content:
Section 1 Public Health Policies and Practices
1.1 Surveillance, Screening, and Testing for HIV and AIDS
1.2 Prevention of Mother to Child Transmission of HIV (PMTCT)
1.3 Disclosure of HIV Information
1.4 Partner Notification: The Responsibility of the Patient
1.5 Partner Notification: The Duty of the Physician or Counselor
1.6 Partner Notification: The Powers of Government Agencies
1.7 Isolation and Quarantine
1.8 Blood/Tissue/Organ Supply
1.9 Universal Infection Control Precautions
1.10 Post-Exposure Prophylaxis
1.11 Access to the Technical Means of Prevention (Condoms)
1.12 Male Circumcision
Section 2 People Living with HIV: Discrimination
2.1 Protection Against Discrimination Based on HIV Status or Health Status
2.2 Antidiscrimination Protection under Disability Laws
2.3 The Workplace: Testing at Recruitment and Mandatory Testing During Employment
2.4 The Workplace: Denial of Employment
2.5 The Workplace: Differential Treatment
2.6 The Workplace: Disclosure and Confidentiality
2.7 Health Care: Refusal to Treat
2.8 Health Care: Differential Treatment
2.9 Issues at the Border: Travel and Immigration Restrictions
2.10 Issues at the Border: Refugees and Asylum
2.11 Discrimination in Public and Private Benefits
Section 3 Disclosure and Exposure
3.1 Duty to Disclose HIV Status to Partner
3.2 Negligent or Willful Exposure or Transmission
Section 4 Injecting Drug Use
4.1 Access to Clean Needles and Drug Paraphernalia Laws
4.2 Needle/Syringe Exchange Programs
4.3 Drug Substitution Programs
4.4 International Drug Conventions: Punitive v. Public Health Approach
Section 5 Sex Work
5.1 Criminal Statutes on Sex Work
5.2 Vague Criminal Statutes and Police Harassment
5.3 Regulatory Regimes (Labor, Health, Occupational Safety)
5.4 100% Condom Use Programs
5.5 Trafficking of Women for Sex Work
Section 6 Men Having Sex with Men
6.1 Gender Orientation in General Antidiscrimination Statutes
6.2 Sexual Offenses
6.3 Vague or Overbroad Criminal Statutes and Police Harassment
6.4 Rights of Association and Expression
Section 7 Women
7.1 Access to Medical Treatment
7.2 Property Ownership and Inheritance
7.3 Marital Rape
7.4 Reproductive Rights
7.5 Sexual Harassment and Violence
7.6 Traditional Practices
Section 8 Children
8.1 Orphans, Inheritance, Birth Registration, Caregivers
8.2 Discrimination in Education
8.3 Sexual Abuse, Legal Age, Child Marriage
8.4 Sexual and Economic Exploitation
Section 9 Clinical Research
9.1 Nondiscrimination in Selection of Research Subjects
9.2 Informed Consent
9.3 Confidentiality
9.4 Equitable Access to Information and Benefits
9.5 Ethics Boards
Section 10 Information
10.1 Informational and Educational Material; Censorship
10.2 Regulation of NGOs
Section 11 Access to Medicines
11.1 Patented and Generic Drugs: Overview
11.2 WTO Members: Special Considerations under the TRIPS Agreement
11.3 Parallel Importing, Exhaustion of Patent Rights, Differential Pricing
11.4 Free Trade Agreements: Special Considerations
Section 12 World Bank Policies and Procedures
12.1 IDA Grants for HIV and AIDS Projects
12.2 OP/BP 4.01 and Medical Waste Management
12.3 OP/BP 4.10 and Indigenous Peoples in HIV and AIDS Projects
12.4 Communities and CBOs: Fiduciary Issues
12.5 Procurement of Pharmaceutical Products
12.6 Procurement of Condoms
Lance Gable is Assistant Professor of Law at Wayne State University Law School and Scholar at the Center for Law and the Public’s Health at Georgetown and Johns Hopkins Universities. He is co-editor (with David Buchanan and Celia Fisher) of
Ethical and Legal Issues in Research with High Risk Populations: Addressing Threats of Suicide, Child Abuse, and Violence (forthcoming 2007). Katharina Gamharter is Counsel/Legal Associate in the Environmentally and Socially Sustainable Development and International Law Practice Group of the World Bank’s Legal Vice Presidency. She is the author of
Access to Affordable Medicines: Developing Responses under the TRIPS Agreement and EC Law (Springer 2004) . Lawrence O. Gostin is Associate Dean for Research and Academic Programs and Professor of Law at Georgetown University Law Center, Director of the Center for Law and the Public’s Health at Georgetown and Johns Hopkins Universities, Professor of Law and Public Health at the Johns Hopkins University, Bloomberg School of Public Health, and Visiting Professor of Public Health at the Faculty of Medical Sciences, Oxford University. He is Member of the Institute of Medicine, National Academy of Sciences (lifetime), Editor (Health Law and Ethics), Journal of the American Medical Association, Co-Editor, Georgetown University Press book series,
Ethics, Health, and Public Policy, and a member of the Editorial Board or Editorial Advisory Board of 20 professional journals. He is the author of The AIDS Pandemic: Complacency, Injustice, and Unfulfilled Expectations (U. of North Carolina Press 2004). James G. Hodge is Associate Professor, Johns Hopkins Bloomberg School of Public Health, Executive Director, Center for Law and the Public’s Health at Georgetown and Johns Hopkins Universities, Core Faculty, Berman Bioethics Institute, Johns Hopkins Bloomberg School of Public Health, and Adjunct Faculty, Georgetown University Law Center.
Rudolf V.Van Puymbroeck, formerly Lead Counsel, Public Health and HIV/AIDS, Legal Advisory Services, World Bank Legal Vice Presidency, is currently an independent adviser on health law and international development.
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