NCJ Number
116526
Journal
Barrister Magazine Volume: 16 Issue: 1 Dated: (Spring 1989) Pages: 10-13,40,56-57
Date Published
1989
Length
7 pages
Annotation
A lawyer experienced in dealing with the legal rights of persons who have AIDS discusses how society should deal with AIDS and the ability of the legal system to process AIDS-related cases.
Abstract
The lawyer indicates that education is the key to inform the public about AIDS risks. Other problems associated with AIDS are endemic to the legal system, including jail overcrowding. The legal system may not be equipped to handle an increasing number of discrimination cases and a large volume of other AIDS-related cases before the courts. The proposed solution is more courts and judges. A further legal problem is the delay in getting a court date for people with AIDS and other forms of catastrophic illnesses. Although some believe there is a dichotomy between public health and civil liberties with regard to AIDS, the lawyer feels that the existing legal system with certain refinements will resolve this perceived dichotomy and recommends that AIDS be treated as a medical issue rather than as a legal or moral issue. Because discrimination against gay people has increased due to the AIDS crisis, the lawyer also recommends that the American Bar Association adopt a comprehensive position on AIDS and that the legal profession move more quickly to address AIDS issues. Additionally, Federal legislation should be amended so that it covers disability due to AIDS and HIV infection.