A global assessment of the role of law in the HIV/AIDS pandemic

Public Health. 2009 Mar;123(3):260-4. doi: 10.1016/j.puhe.2009.01.006. Epub 2009 Feb 28.

Abstract

This article examines the dynamic role of law as a tool, and potential barrier, to public health interventions designed to ameliorate the negative impacts of human immunodeficiency virus (HIV)/acquired immunodeficiency syndrome (AIDS) globally. Law impacts the lives of persons living with (and at risk of) HIV/AIDS in many ways. Laws may: (1) help to ensure that public health authorities are empowered to provide effective prevention and treatment programmes; (2) effectuate the human rights to life, health, work, education and property ownership of persons living with, or at risk of, HIV/AIDS; and (3) protect persons living with HIV/AIDS from social risks, stigma and other harms by respecting privacy and prohibiting unwarranted discrimination. However, laws can also create legal barriers in many countries that impede effective HIV/AIDS interventions by penalizing those with HIV/AIDS through criminal sanctions or other policies. As a result, it is recommended globally that laws should facilitate the prevention and treatment of HIV/AIDS consistent with scientific and public health practices and with a human rights framework. Effective use of existing laws that promote the public's health, and reforms of laws which impede it, contribute to improved individual and communal health outcomes concerning HIV/AIDS.

Publication types

  • Research Support, Non-U.S. Gov't

MeSH terms

  • Contact Tracing / legislation & jurisprudence
  • Disease Outbreaks / legislation & jurisprudence*
  • Disease Outbreaks / prevention & control
  • Global Health*
  • HIV Infections / diagnosis
  • HIV Infections / epidemiology
  • HIV Infections / prevention & control*
  • Health Policy / legislation & jurisprudence*
  • Human Rights / legislation & jurisprudence
  • Humans
  • International Cooperation
  • Mass Screening / legislation & jurisprudence
  • Prejudice
  • Risk-Taking
  • Sex Work / legislation & jurisprudence