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Since the 1980s legislators and courts have responded in a variety of ways to the onset of the AIDS pandemic. Some responses have been sensitive to the needs of those with HIV, seeking to guarantee heightened levels of confidentiality or freedom from discrimination. Others have sought to use the law as a tool to limit the spread of HIV, for example by imposing liability for its transmission or restricting the freedoms of those who are HIV-positive. Elsewhere, doctors and researchers have grappled with the legal and ethical problems surrounding testing for a condition which many people may not want to be aware of, and with the conflicts which can arise between respect for individual autonomy and the promotion of public health. More recently, treatments for HIV have developed to the extent that for many HIV is a chronic disease rather than an inevitably fatal condition. Such treatments, however, pose new challenges: they are expensive and as such are not widely available in those parts of the globe where HIV infection is most widespread. This has caused tensions over issues such as asylum, immigration and deportation, and the protection of intellectual property rights which may bar such treatments from being available where the need is most acute. This book examines and evaluate these issues in comparative perspective. It draws on legal responses to other sexually transmitted infections (and contagious diseases) but concentrates on HIV and AIDS.
The book is a collection of ten essays on legal responses to HIV/AIDS, written by scholars from five continents (Africa, Asia, Australia, Europe & America). Each essay deals with HIV/AIDS-related problems in the author's country. An effort was made to select highly-diversified countries belonging to different families of law, the countries varying in their political, ethnic, & religious backgrounds. The contributors were encouraged to explore the links between HIV/AIDS-related problems & other social issues. They were also encouraged to reflect upon the limits & effectiveness of legal measures in reducing the growth of the epidemic. Finally, the goal of the project was to find whether it is possible to achieve a proper balance between the need to protect societies from the scourge of AIDS & the need to protect the rights of those afflicted by the disease.
This is an invaluable resource for lawyers, policy makers, and other practitioners with an interest in countries' responses to HIV/AIDS. Legal Aspects of HIV/AIDS: A Guide for Policy and Law Reform covers 65 wide-ranging topics in a concise, accessible format, explaining how laws and regulations can either underpin or undermine public health programs and responsible personal behavior. For each topic, the Guide summarizes the key legal or policy issues, provides relevant "practice examples" (citing actual laws and regulations), and offers a selective list of references that may be consulted for more information. Laws relating to many areas of our lives - from intimate physical conduct to international travel - can contribute to stigma, discrimination, and exclusion or, contrariwise, can help remedy these inequities. In order to create a supportive legal framework for responding to HIV/AIDS, it is important that governments effectively address gaps and other problematic aspects in their legislation and regulatory systems. This book, written by a team of leading legal experts, helps them do so.
A legal examination of global health governance issues relating to access to essential medicines for AIDS, tuberculosis and malaria.
AIDS and the Law, Sixth Edition AIDS and the Law provides comprehensive coverage of the complex legal issues, as well as the underlying medical and scientific issues, surrounding the HIV epidemic. Covering a broad range of legal fields from employment to health care to housing and privacy rights, this essential resource provides thorough up-to-date coverage of a rapidly changing area of law. AIDS and the Law brings you up-to-date on the latest developments, including: Updates regarding additional consensus that Undetectable = Untransmittable (Chapter 2) Overview of continuing efforts to chip away at the Affordable Care Act (Chapter 2) Discussion regarding states now imposing work requirements for Medicaid (Chapter 9) Analysis of the Trump Administration's many changes to immigration policy, including policing of immigrants seeking public benefits (Chapter 11)Overview of the Department of Justice's decision regarding whether domestic violence can serve as the basis for asylum (Chapter 11) Updates on new Supreme Court precedent regarding exhaustion of administrative remedies under the Prison Litigation Reform Act (Chapter 14) New case law pertaining to the impact of HIV in the family law context (Chapter 13)
This book provides a detailed and timely analysis of key regulatory and legal issues arising in the context of HIV and AIDS. The ten chapters cover the core issues central to an understanding of law and public health as concerns AIDS. Whilst the book focuses on how Nigerian law applies to HIV and AIDS, the author draws heavily on materials from other jurisdictions. There are many parallels that exist between the application of law and governance considerations in the AIDS pandemic that resonate with other infectious diseases including Covid-19, therefore the book is widely relevant to public health law in communicable disease contexts. Topics covered: overview and origin of the HIV and AIDS epidemic; legal and institutional framework of the HIV and AIDS epidemic in Nigeria; human rights and the epidemic; decriminalisation of HIV and AIDS in Nigeria; HIV and AIDS and vulnerable groups; HIV and AIDS and patents; HIV and AIDS and sports; international organisations and programmes on HIV; judicial responses to HIV and AIDS; and global pandemics and control.
Documenting the first study of its kind to be conducted in the private-security and legal industries, this reference provides clarity on the current status of both industries in terms of the prevalence and incidence rates of HIV. Mitigating the impact of the AIDS epidemic on productivity, labor costs, and the supply of skills, this investigation also focuses upon the varied ways in which companies have responded to the challenges of the disease. The findings represent a first step in the continued monitoring and evaluation of the impacts of the epidemic in both sectors, and the recommendations offer a starting point for refining HIV/AIDS management strategies at a sector and company level.
Various legal approaches have been taken internationally to improve global access to essential medicines for people in developing countries. This book focuses on the millions of people suffering from AIDS, tuberculosis and malaria. Beginning with the AIDS campaign for antiretroviral (ARV) drugs, Sharifah Sekalala argues that a soft law approach is more effective than hard law by critiquing the current TRIPS flexibilities within the World Trade Organization. She then considers how soft law has also been instrumental in the fight against malaria and tuberculosis. Using these compelling case studies, this book explores lawmaking on global health and analyses the viability of current global health financing trends within new and traditional organisations such as the United Nations, the World Health Organization, UNAIDS, UNITAID and The Global Fund. This book is essential reading for legal, development, policy and health scholars, activists and policymakers working across political economy, policy studies and global health studies.