NCJ Number
113224
Date Published
1988
Length
252 pages
Annotation
This text examines 15 legal issue areas affected by the AIDS epidemic.
Abstract
Each chapter presents an overview of AIDS-related legal concerns, an examination of existing statutory and case law, and a summary of salient questions that should be considered in the development of American Bar Association policy recommendations. Areas examined include the implications of AIDS for access to and administration of justice, the use of criminal sanctions to deter or punish knowing transmission of human immunodeficiency virus (HIV) infection, dealing with AIDS in correctional facilities, and provision of and access to health care. Also examined are issues related to public health law, mandatory and voluntary HIV antibody testing, limitations on coverage or availability of insurance to HIV-positive individuals and high-risk groups, and drug development. Other issues relate to privacy and confidentiality, provision of housing and public accommodation, intravenous drug use, immigration and deportation, and access to public school education. Implication of AIDS for family law and the child welfare system also are considered. Major legal issues addressed with respect to these areas relate to the tension between individual privacy and the public's need to know, informed consent, the potential for discrimination against HIV-positive individuals and AIDS victims, the applicability of handicap laws, procedural safeguards, and available remedies for violations of constitutional and civil rights. Chapter footnotes.