Legal Perspective (From Law Enforcement and AIDS: Questions of Justice and Care, P 27-33, 1988, Gad J Bensinger and Cyprian Rowe, eds. -- See NCJ-111758)

• NCJ Number: 111761
• Author(s): H Grossman
• Date Published: 1988
• Length: 7 pages
• Sale Source: Loyola University of Chicago
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Acquired immune deficiency syndrome (AIDS) is not a civil liberties or a public health issue -- it is an issue affecting all of society.

Abstract

There is a need to dispel the myth that tension exists between civil liberties and public health: To a great extent measures that protect public health also protect individual rights. There also is a need to extend and enforce antidiscrimination laws and basic constitutional protections for people with AIDS and those at risk of AIDS lest the disease is driven underground. Additionally, people in law enforcement and corrections have special obligations to examine how their own practices and policies affect the public good by increasing public fears and reinforcing behaviors that ultimately may harm public health. In dealing with the AIDS epidemic, it is necessary to confront homosexuality, drug abuse, and death itself. Such issues must be confronted not through a coercive approach, but using a voluntary model that is based on the ability to educate people, fund support services, and eradicate stigma. To this end, Government policies and measures with the potential for infringing on personal liberties must be carefully evaluated. Such measures should be based on current and comprehensive scientific and medical information, be carefully tailored, minimize any adverse impact on privacy and equality and other fundamental rights, and must be the least restrictive alternative.