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.
Confronting the toughest issues surrounding AIDS in America, Gostin, an internationally recognized scholar of AIDS law and policy, confronts the most pressing and controversial issues surrounding AIDS in America and around the world.
Although morbidity among HIV/AIDS victims has decreased, the rate of new infections has remained steady for several years, substantially increasing the likelihood that this epidemic will continue and expand as a concern for social workers and their clientele, both of whom will need to be kept informed of the complex laws governing the milieu and the consequences of the disease. This is certainly the case with its spread throughout Asia and Africa. In this new work, the author draws upon statutes and court decisions from across the United States to provide a comprehensive and current picture of the many facets of HIV/AIDS law, including health policy; confidentiality; privacy; bioethics; the workplace; and criminal law and corrections. The volume of legal, medical, social science, and popular literature pertaining to HIV/AIDS that has been published over the past two decades is staggering. Hence, any addition to this collection needs some justification. What Dickson offers is different from what has preceded. Rather than one more contribution to the extensive legal or social science literature, this book attempts to integrate the perspectives from two fields: law and social work. The hope is that this will give social workers, practitioners, and teachers a better understanding of one of the major issues that may face them in their work with patients and clients every day. To date, although there is extensive HIV and AIDS-related literature in social work and the social sciences, it is primarily focused on social work practice issues. Where law has been introduced in these works, it often is narrow in focus and, given the rapid changes in the field, no longer up to date. This book does not purport to discuss all legal issues in all jurisdictions relating to HIV/AIDS, but rather to choose selectively those that have particular relevance for social work and social policy. The author has placed reliance on those published medical works cited with approval in the legal and social science literature. This is a seminal work on the relationship of law, medicine, and ethics. Donald T. Dickson is professor in the School of Social Work at Rutgers, The State University of New Jersey, in New Brunswick.
From the very beginning of the epidemic, AIDS was linked to punishment. Calls to punish people living with HIV—mostly stigmatized minorities—began before doctors had even settled on a name for the disease. Punitive attitudes toward AIDS prompted lawmakers around the country to introduce legislation aimed at criminalizing the behaviors of people living with HIV. Punishing Disease explains how this happened—and its consequences. With the door to criminalizing sickness now open, what other ailments will follow? As lawmakers move to tack on additional diseases such as hepatitis and meningitis to existing law, the question is more than academic.
"The HIV+ men incarcerated in Limestone Prison's Dorm 16 were put there to be forgotten. Not only do Benjamin Fleury-Steiner and Carla Crowder bring these men to life, Fleury-Steiner and Crowder also insist on placing these men in the middle of critical conversations about health policy, mass incarceration, and race. Dense with firsthand accounts, Dying Inside is a nimble, far-ranging and unblinking look at the cruelty inherent in our current penal policies." ---Lisa Kung, Director, Southern Center for Human Rights "The looming prison health crisis, documented here at its extreme, is a shocking stain on American values and a clear opportunity to rethink our carceral approach to security." ---Jonathan Simon, University of California, Berkeley "Dying Inside is a riveting account of a health crisis in a hidden prison facility." ---Michael Musheno, San Francisco State University, and coauthor of Deployed "This fresh and original study should prick all of our consciences about the horrific consequences of the massive carceral state the United States has built over the last three decades." ---Marie Gottschalk, University of Pennsylvania, and author of The Prison and the Gallows "An important, bold, and humanitarian book." ---Alison Liebling, University of Cambridge "Fleury-Steiner makes a compelling case that inmate health care in America's prisons and jails has reached the point of catastrophe." ---Sharon Dolovich, University of California, Los Angeles "Fleury-Steiner's persuasive argument not only exposes the sins of commission and omission on prison cellblocks, but also does an excellent job of showing how these problems are the natural result of our nation's shortsighted and punitive criminal justice policy." ---Allen Hornblum, Temple University, and author of Sentenced to Science Dying Inside brings the reader face-to-face with the nightmarish conditions inside Limestone Prison's Dorm 16---the segregated HIV ward. Here, patients chained to beds share their space with insects and vermin in the filthy, drafty rooms, and contagious diseases spread like wildfire through a population with untreated---or poorly managed at best---HIV. While Dorm 16 is a particularly horrific human rights tragedy, it is also a symptom of a disease afflicting the entire U.S. prison system. In recent decades, prison populations have exploded as Americans made mass incarceration the solution to crime, drugs, and other social problems even as privatization of prison services, especially health care, resulted in an overcrowded, underfunded system in which the most marginalized members of our society slowly wither from what the author calls "lethal abandonment." This eye-opening account of one prison's failed health-care standards is a wake-up call, asking us to examine how we treat our forgotten citizens and compelling us to rethink the American prison system in this increasingly punitive age.
This volume addresses the interface of two major national problems: the epidemic of HIV-AIDS and the widespread use of illegal injection drugs. Should communities have the option of giving drug users sterile needles or bleach for cleaning needs in order to reduce the spread of HIV? Does needle distribution worsen the drug problem, as opponents of such programs argue? Do they reduce the spread of other serious diseases, such as hepatitis? Do they result in more used needles being carelessly discarded in the community? The panel takes a critical look at the available data on needle exchange and bleach distribution programs, reaches conclusions about their efficacy, and offers concrete recommendations for public policy to reduce the spread of HIV/AIDS. The book includes current knowledge about the epidemiologies of HIV/AIDS and injection drug use; characteristics of needle exchange and bleach distribution programs and views on those programs from diverse community groups; and a discussion of laws designed to control possession of needles, their impact on needle sharing among injection drug users, and their implications for needle exchange programs.
Europe's "Black Death" contributed to the rise of nation states, mercantile economies, and even the Reformation. Will the AIDS epidemic have similar dramatic effects on the social and political landscape of the twenty-first century? This readable volume looks at the impact of AIDS since its emergence and suggests its effects in the next decade, when a million or more Americans will likely die of the disease. The Social Impact of AIDS in the United States addresses some of the most sensitive and controversial issues in the public debate over AIDS. This landmark book explores how AIDS has affected fundamental policies and practices in our major institutions, examining: How America's major religious organizations have dealt with sometimes conflicting values: the imperative of care for the sick versus traditional views of homosexuality and drug use. Hotly debated public health measures, such as HIV antibody testing and screening, tracing of sexual contacts, and quarantine. The potential risk of HIV infection to and from health care workers. How AIDS activists have brought about major change in the way new drugs are brought to the marketplace. The impact of AIDS on community-based organizations, from volunteers caring for individuals to the highly political ACT-UP organization. Coping with HIV infection in prisons. Two case studies shed light on HIV and the family relationship. One reports on some efforts to gain legal recognition for nonmarital relationships, and the other examines foster care programs for newborns with the HIV virus. A case study of New York City details how selected institutions interact to give what may be a picture of AIDS in the future. This clear and comprehensive presentation will be of interest to anyone concerned about AIDS and its impact on the country: health professionals, sociologists, psychologists, advocates for at-risk populations, and interested individuals.
During the early years of the AIDS epidemic, thousands of Americans became infected with HIV through the nation's blood supply. Because little reliable information existed at the time AIDS first began showing up in hemophiliacs and in others who had received transfusions, experts disagreed about whether blood and blood products could transmit the disease. During this period of great uncertainty, decision-making regarding the blood supply became increasingly difficult and fraught with risk. This volume provides a balanced inquiry into the blood safety controversy, which involves private sexual practices, personal tragedy for the victims of HIV/AIDS, and public confidence in America's blood services system. The book focuses on critical decisions as information about the danger to the blood supply emerged. The committee draws conclusions about what was doneâ€"and recommends what should be done to produce better outcomes in the face of future threats to blood safety. The committee frames its analysis around four critical area: Product treatmentâ€"Could effective methods for inactivating HIV in blood have been introduced sooner? Donor screening and referralâ€"including a review of screening to exlude high-risk individuals. Regulations and recall of contaminated bloodâ€"analyzing decisions by federal agencies and the private sector. Risk communicationâ€"examining whether infections could have been averted by better communication of the risks.
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)
