NCJ Number
112469
Journal
Creighton Law Review Volume: 21 Issue: 3 Dated: (1987-1988) Pages: 859-891
Date Published
1988
Length
33 pages
Annotation
A universal mandatory AIDS testing program has strong legal implications, and legislation mandating such testing should be strictly scrutinized. The article reviews case law weighing the need to protect society against the need to protect the privacy rights of individuals.
Abstract
A universal mandatory testing program for AIDS infringes on individuals' fundamental privacy rights and would contribute to increased discrimination against those who tested positive for the HTLV-III virus. In order to balance the conflicting needs of society and the individual's rights, a way must be found to eradicate AIDS without violating legitimate expectations of privacy. Less restrictive methods of eradicating AIDS exist and should be employed. Current testing methods are not foolproof and false-positive results are possible. If in the future a more accurate test for AIDS becomes available or if a cure for the disease is found, mandatory testing may then be justified as a constitutionally permissible method of controlling the spread of AIDS. The most currently effective and least intrusive method of controlling the spread of AIDS is behavior modification achieved through education. 279 footnotes.