NCJ Number
116555
Journal
Boston University Law Review Volume: 68 Issue: 2 Dated: (March 1988) Pages: 441-505
Date Published
1988
Length
65 pages
Annotation
Legally and practically, quarantine law is the most effective way to protect the public from the spread of AIDS by irresponsible carriers.
Abstract
In developing this argument, this article divides the population into five groups relevant for disease control, discusses arguments for and against targeting control measures toward each group, and concludes that only irresponsible AIDS carriers should be subject to restraint mechanisms. An irresponsible carrier is defined as 'any person who knowingly carriers the AIDS virus and nevertheless engages in conduct which risks transmission to others.' Such persons could be identified by examining their conduct over a period of time. The article then discusses the State's power to quarantine contagious individuals under various State quarantine statutes and addresses the legal and practical implications of quarantining irresponsible AIDS carriers. Consideration of the constitutional arguments associated with such a quarantine focus on the issues of procedural due process, substantive due process, and equal protection. An examination of the various alternatives for controlling the behavior of irresponsible carriers concludes that the use of State public health codes, including statutes authorizing quarantine in appropriate cases, are best suited to address this situation. 323 notes.