The case against mandatory HIV testing of pregnant women: the legal and public policy implications.

نویسنده

  • Evans McMillion
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.

برای دانلود رایگان متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

Mandatory HIV testing of pregnant women: public health policy considerations and alternatives.

Laws requiring mandatory Human Immunodeficiency Virus (HIV) testing for pregnant women have been contemplated by state legislatures since a ground breaking 1994 study showed that treating these women with antiretroviral drugs during pregnancy could decrease the chance of passing the disease to their children. Approximately 477 HIV-positive pregnant women participated in the AIDS Clinical Trial ...

متن کامل

Governance of HIV/AIDS: Implications for Health Sector Response

This paper reviews the essence of effective governance and importance of a multi-sectoral approach in generating health systems response to HIV/AIDS. This comprehensive approach highlights the importance of integrating reproductive sexual health programs and HIV prevention services, including peer education, life skills, and Voluntary Counseling and Testing (VCT), for Prevention of Mother–to-Ch...

متن کامل

Mandatory testing of pregnant women and newborns: HIV, drug use, and welfare policy.

An emerging strand of thought portrays pregnant women with drug addiction and HIV infection as having a willful hostility towards their fetus. As a result, pregnant mothers with HIV or addictions are confronted with decreased funding for services and increased sanctions for positive toxicology tests. The rhetoric of blame towards “deviant” mothers has escalated to embrace poor mothers in genera...

متن کامل

An ethical analysis of the mandatory exclusion of immigrants who test HIV-positive.

On 20 September 2000, Canadian newspapers reported that Health Canada recommended to Citizenship and Immigration Canada (CIC) that testing all prospective immigrants for HIV, and excluding those testing positive, constitutes "the lowest health risk course of action." Subsequently, the Minister of Citizenship and Immigration stated that CIC is indeed considering implementing mandatory HIV testin...

متن کامل

ذخیره در منابع من


  با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید

عنوان ژورنال:
  • Duke journal of gender law & policy

دوره 5 1  شماره 

صفحات  -

تاریخ انتشار 1998