The case against mandatory HIV testing of pregnant women: the legal and public policy implications.
نویسنده
چکیده
Few images arouse as much emotion as that of a sick child. The desire to do anything to help that child can be powerful and can cause people to take extreme measures to make the child well, especially when the illness is a fatal one, like AIDS. Recent scientific studies have shown that treating HIV-positive mothers during pregnancy can decrease the likelihood of transmission to the infant. These findings, however, do not justify a policy that overrides the fundamental legal rights and health care needs of women with HIV. This Note examines the public policy and legal ramifications of just such an extreme measure—the mandatory HIV testing of pregnant women. The following analytical framework is used to examine this problem. First, a short medical/statistical background provides a context for this discussion. Second, the political, ethical, legal, and financial considerations unique to this issue are examined. Finally, the overall effectiveness of a mandatory testing program for pregnant women is detailed.
منابع مشابه
Why Mandatory HIV Testing of Pregnant Women and Newborns Must Fail: A Legal, Historical, and Public Policy Analysis Special Issue: Mandatory HIV Testing of Newborns and Their Mothers
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عنوان ژورنال:
- Duke journal of gender law & policy
دوره 5 1 شماره
صفحات -
تاریخ انتشار 1998