Download Legal Responses to HIV and AIDS by James Chalmers PDF
By James Chalmers
Because the Nineteen Eighties, legislators and courts have answered in various how one can the onset of the AIDS pandemic. a few responses were delicate to the wishes of these with HIV, looking to warrantly heightened degrees of confidentiality or freedom from discrimination. Others have sought to take advantage of the legislation as a device to restrict the unfold of HIV, for instance through enforcing legal responsibility for its transmission or proscribing the freedoms of these who're HIV-positive. in different places, medical professionals and researchers have grappled with the felony and moral difficulties surrounding trying out for a situation which many folks won't are looking to pay attention to, and with the conflicts which could come up among recognize for person autonomy and the promoting of public wellbeing and fitness. extra lately, remedies for HIV have constructed to the level that, for lots of, HIV is a prolonged disorder instead of an necessarily deadly . Such remedies, in spite of the fact that, pose new demanding situations: they're pricey and as such will not be broadly on hand in these components of the globe the place HIV an infection is so much common. This has brought on tensions over concerns resembling asylum, immigration, and deportation. also, the safety of highbrow estate rights may well bar such remedies from being made to be had the place the necessity is such a lot acute. In a comparative standpoint, this publication examines and evaluates those concerns within the united kingdom and, to a point, different jurisdictions. whereas targeting HIV and AIDS, it additionally attracts on criminal responses to different sexually transmitted infections and contagious illnesses.
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Extra resources for Legal Responses to HIV and AIDS
Example text
Anonymous testing is not an interference with rights which is justified because of a state of emergency (and if it were, anonymous testing beyond HIV has never been justified in the UK and would need urgent reconsideration). As argued above, it is concerned purely with waste material, involves no deception or infringement of privacy and generates no personal information. As such, it needs little in the way of ethical justification, and certainly none which rests on considerations of emergency. 93 ‘Testing for HIV Infection’ (n 87).
It discusses the steps which were required to accommodate community needle exchange within the Scottish legal context, and goes on to consider whether harm minimisation schemes in prisons might be required by law. This is an area where human rights have been explicitly invoked in litigation before the English courts, but without success. It is suggested here that arguments based on traditional principles of liability in tort might be equally as effective, if not more so, in this context. Chapter five discusses an issue which has been prominent in recent case law: whether the fact that a person is HIV-positive can form the basis for a claim that they should not be deported from the UK when they have no other basis for remaining in the country.
It would seem not to pose problems in terms of the Human Tissue Act 2004 (see section I(A)(iv) above) because no information ‘about a person’ is obtained. 69 See Bolduc and Bird (1967) 63 DLR (2d) 82; R v Mobilo [1991] 1 VR 339. Where the sole purpose of the act is misrepresented, this might amount to fraud as to the nature and quality of the act, which would negate consent: see R v Rosinski (1824) 1 Mood 19, 168 ER 1168; R v Pike [1996] 1 Cr App R (S) 4. 33]. It is not clear what legal basis (if any) this practice might have.