
Law
and the Rights of People With HIV/AIDS
An Annotated Bibliography
July 2007
asia
catalyst is partnering with Chinese AIDS activists to establish a legal
aid center for people living with HIV/AIDS in China. At their request,
we compiled this bibliographyof materials in two areas of importance to the center:
discrimination against people living with HIV, and the spread of HIV through blood
transmission. As the purpose was to identify international resources that could
be helpful to Chinese lawyers and AIDS NGOs, this list does not include
many materials about China.
It
does include books, NGO reports,
scholarly and law review articles, medical studies of the impact of
discrimination on the AIDS epidemic, legal case studies, as well as
fact sheets used by AIDS law NGOs to inform HIV-positive clients
about their rights.
For the convenience of those unfamiliar with Western bibliographies, each category begins with an explanation of how the
citation format works. Where we could, we have added some information about the content also.
The bibliography was compiled by Michael Alpert with assistance from Evan
Anderson, and was edited by Sara L.M. Davis. We welcome suggestions
for additional materials; please send them to
catalystasia@gmail.com.
Books
The citations for books are as follows:
Author family name, Author given name. Title of Book. City where book was
published: Name of publisher, year of publication.
Many of these books can be ordered directly from the publishers' websites.
Bastos, Christiana.
Global Responses to AIDS: Science in
Emergency. Bloomington, Indiana:
Indiana University Press: 1999.
Cohen, Jonathan,
with T. Ezer, P. McAdams, and M. Miloff (eds.), Health and Human Rights: A Resource Guide for the Open Society
Institute and Soros Foundations Network (475pp., with a preface by Aryeh
Neier). New York and Montreal: Open Society Institute and Equitas,
2007. Summary: This six-chapter
Resource Guide provides a practical tool for advocates working at the
intersection of health and human rights. It includes fact sheets, program
descriptions, jurisprudence, case studies, bibliographies, and glossary
definitions on six areas of health and human rights: patient care; HIV/AIDS;
harm reduction; palliative care; sexual health; and minority health. It
also contains thirteen foundational human rights documents containing
health-related provisions. Prepared by OSI and Equitas staff for a 2007
global OSI meeting on health and human rights, the Guide has broader
application for anyone dedicated to the pursuit of health and human
rights. To obtain a copy, please email: lawandhealth@sorosny.org.
Feldman, Eric
& Bayer, Ronald. Blood Feuds: AIDS, Blood, and the Politics of Medical Disaster.
New York: Oxford University
Press, 1999. An excellent resource on the issue of blood scandals in the early
days of the AIDS epidemic.
Goss, David, and Derek Adam-Smith.
Organizing AIDS: Workplace and Organizational Responses to
the HIV/AIDS Epidemic. London:
Taylor & Francis, 1995. Publisher’s
summary: It is estimated that, in the western economies, 90 per cent of
those who are HIV positive may be in employment. Organizing AIDS tackles issues
of increasing importance to organizations, and deals with the workplace
implications of the HIV/AIDS epidemic. Drawing on substantial primary research
and secondary sources, the authors examine formal and informal employer and
employee responses within Britain,
Europe and USA.
The chapters trace the patterns of organizational responses through the
analysis of policy, practice and behaviour, and examine the ways in which these
are shaped by interests of power rooted in economic and sexual divisions.
Resnik,
Susan. Blood Saga: Hemophilia, AIDS, and the Survival
of a Community. Second edition. Berkeley and Los
Angeles, California: University of California Press, 1999.
Starr, Douglas. Blood:
An Epic History of Medicine and Commerce. New York: Knopf, 1998. Another excellent
resource on the subject of blood transmission.
Stein, Theodore J.
The Social Welfare of Women and Children With HIV And AIDS:
Legal Protections, Policy, and Programs. New York:
Oxford University Press, 1998.
Titmuss, Richard.
The Gift Relationship: From Human Blood to Social Policy. New
York: The New Press, 1997.
Webber, David W. AIDS and the Law. Third Edition. New York: John Wiley and
Sons, Inc., 1997. This is an important resource in the U.S. It is a discussion of
every aspect of American law that applies to HIV/AIDS. A fourth edition will be
out soon. The book is very expensive to order new, but inexpensive used copies
can be ordered from www.amazon.com.
Reports
These are reports
published by the UN or international NGOs. The listings of reports are as
follows:
Name of person or agency that published the
report. “Title of the report.” Date when report was published. Available at
(website), retrieved (date when we were able to download the report from the
website).
Adila Hassim, Mark Heywood
and Jonathan Berger. “Health
and democracy: a guide to human rights, health law and policy in post apartheid
South Africa.”
Downloadable resource guide from the AIDS Law Project in South Africa. Available at http://www.alp.org.za/modules.php?op=modload&name=News&file=article&sid=351,
retrieved June 25, 2007.
Aggleton,
Peter, with Richard Parker and Miriam Maluwa. Stigma,
Discrimination, and HIV/AIDS in Latin America and the Caribbean.
Inter-American Development Bank. Washington,
D.C. 2003. Available at http://www.iadb.org/IDBDocs.cfm?docnum=354523,
retrieved June 28, 2007.
AIDS Law Project
and Strategy & Tactics, “Discrimination and HIV/AIDS.” Research report
commissioned by the South African Department of Health. October 2002. Available
for download at http://www.alp.org.za/modules.php?op=modload&name=News&file=article&sid=260,
retrieved June 25, 2007. From the website:
“The Department of Health has noted the lack of data around the nature and
extent of the discrimination. In January 2001, the Department commissioned
Strategy & Tactics (S&T), in partnership with the AIDS Law Project to
conduct baseline research on HIV/AIDS discrimination in South Africa.
The objectives were as follows:
* Profile the nature & extent of discrimination.
* Examine the impact of discrimination, particularly on health-seeking
behaviour.
* Highlight obstacles to creating a conducive climate for disclosure of
HIV-status.
* Develop a draft strategy to counter discrimination.”
Canadian HIV/AIDS
Legal Network. “Part of the Solution: A Plan of Action for Canada to Reduce
HIV/AIDS-Related Stigma and Discrimination.” January 12, 2005. Available at http://www.aidslaw.ca/publications/publicationsdocEN.php?ref=39,
retrieved June 29, 2007. From the
website: The Legal Network consulted with people from all over Canada to develop "A Plan of Action for Canada to
Reduce HIV/AIDS-Related Stigma and Discrimination." We listened to men and
women living with HIV/AIDS, people who inject illegal drugs, HIV-positive
youth, lesbian/gay/bi/trans people, Aboriginal people and people from other
ethno-cultural communities. This booklet summarizes the Plan of Action.
de Bruyn,
Theodore. “HIV/AIDS and Discrimination: A Discussion Paper.” Canadian HIV/AIDS
Legal Network and Canadian AIDS Society, Montréal, 1998.
El Shazli, Fatough. Legal
Framework for HIV/AIDS and Human Rights. Report. June 2005. Available at http://www.harpas.org/reports/REPORTS%20IN%20ENGLISH/Egypt%20Legal%20Review%20Report_edited.doc,
retrieved June 28, 2007. This report analyzes Egyptian laws on AIDS and
discrimination in the context of international human rights law.
Hamblin, Julie. People
Living with HIV: The Law, Ethics, and Discrimination. Issues paper. United Nations Development Programme, HIV
and Development Programme, 1998.
Human
Rights Watch. (To order reports from Human
Rights Watch, e-mail hrwnyc@hrw.org):
Future
Forsaken: Abuses Against Children Affected by HIV/AIDS in India. July 2004. Available at
http://hrw.org/reports/2004/india0704/, retrieved June 29, 2007.
Hated
to Death: Homophobia, Violence, and Jamaica’s HIV/AIDS Epidemic. November
2004. Available at http://hrw.org/reports/2004/jamaica1104/,
retrieved June 29, 2007.
Letting Them Fail: Government Neglect and the Right to Education for
Children Affected by AIDS. October 2005 17(13), available at
http://hrw.org/reports/2005/africa1005/, retrieved June 29, 2007.
Locked
Doors: The Human
Rights of People Living with HIV/AIDS in China. August 2003. Available
at http://www.hrw.org/reports/2003/china0803/,
retrieved June 29, 2007.
Positively
Abandoned: Stigma and Discrimination against HIV-Positive Mothers and their
Children in Russia.
June 2005. Available at http://hrw.org/reports/2005/russia0605,
retrieved June 29, 2007.
Restrictions
on AIDS Activists in China.
June 2005. Available at http://hrw.org/reports/2005/china0605/,
retrieved June 29, 2007.
A
Test of Inequality: Discrimination against Women Living with HIV in the Dominican Republic.
July 2004. Available at http://hrw.org/reports/2004/dr0704/,
retrieved June 29, 2007.
The Joint UN
Programme on HIV/AIDS (UNAIDS). “Protocol for the identification of discrimination
against people living with HIV.” May 2000. Available at data.unaids.org/Publications/IRC-pub01/JC295-Protocol_en.pdf, retrieved June 28,
2007. A questionnaire for the purpose of measuring discrimination in a given
population.
Krever
Commission, Report of the Commission of
Inquiry on the Blood System in Canada.
November 26, 1997. Available at http://www.hc-sc.gc.ca/ahc-
asc/activit/com/krever_e.html, retrieved June 28, 2007. This
1,138-page
report was produced by the Canadian government after its investigation
of the
Canadian HIV/AIDS blood scandal. Many people with HIV/AIDS testified to
the public about how they became HIV-positive through blood
transfusions. It is probably the most comprehensive such
report produced by any country.
Lambda Legal and
American Civil Liberties Union. “A Summary of
Evidence of the Importance of Specific Written Consent and Pre-test Counseling
in HIV Testing.” Available at http://www.lambdalegal.org/our-work/publications/general/summary-of-evidence.html,
March 8, 2007, retrieved June 25, 2007.
Open Society
Institute and Equitas, Equal Partners: Health and Human Rights 2007 –
Workshop Manual (60pp.). New York
and Montreal:
Open Society Institute and Equitas, 2007. Abstract:
Prepared for a 2007 global OSI meeting on health and human rights, this
workshop manual contains four modules designed to build the capacity of public
health and legal staff throughout the Soros Foundations Network to
collaborate on health and human rights funding and advocacy. The modules
include exercises such as: mapping issues at the intersection of health and
human rights; analyzing regional and international health and human rights
mechanisms; exploring controversial “hot topics” in health and human rights;
and integrating health and human rights programming into foundation strategies.
To obtain a copy, please email: lawandhealth@sorosny.org.
Case studies
This is a small
selection of the many published case studies in the field of AIDS law. For more excellent case studies, please
see the websites of the AIDS Law Project (www.alp.org.za),
Lawyers Collective-HIV/AIDS Unit in India (www.lawyerscollective.org, click
on HIV/AIDS Unit and then on “Judgements”) and Lambda Legal (www.lambdalegal.org).
In addition,
publications such as the Interrights Bulletin and the HIV/AIDS Law and Policy Review, both available online, often include case studies that might be useful.
Canadian HIV/AIDS Legal Network. “Case Studies: Human
rights-based approaches to HIV/AIDS.” January 31, 2006. Also available in
French. Available at http://www.aidslaw.ca/publications/publicationsdocEN.php?ref=528,
retrieved June 29, 2007.
-- and
the Joint UN Programme on HIV/AIDS (UNAIDS). Courting Rights: Case Studies in Litigating the Human Rights of People
Living With HIV. March 2006. Available at http://data.unaids.org/Publications/IRC-pub07/JC1189-CourtingRights_en.pdf,
retrieved June 28, 2007. An important resource. This is a book-length collection
of case studies and analyses on AIDS law issues from several different
countries in Africa, Asia, and the Americas.
Jennings, Ron. “Your
Victory is Our Victory: The Case of ‘A’ vs. South African Airways, A Guide To
Pre–Employment HIV Testing, Business Best Practices and the Rights of South
Africans with HIV.” AIDS Law Project, Centre for Applied Legal Studies,
University of the Witwatersrand. Available at http://alp.org.za.dedi20a.your-server.co.za/images/upload/20020529_newpage.pdf,
October 2000, retrieved June 25, 2007. This is a clear and accessible report
that gives a detailed account of the legal strategy pursued in the case,
discusses the larger principles at stake, and makes policy recommendations.
Lambda Legal. “Matter
of Matthew Cusick and Cirque du Soleil.” Available at http://www.lambdalegal.org/our-work/in-court/cases/matter-of-matthew-cusick-and.html,
April 22, 2004, retrieved June 25, 2007. From
the website: “Groundbreaking case arguing against a Cirque du Soleil [a
popular circus]’s decision to fire someone based on his HIV status.”
Articles
Most of the articles
listed here are from academic journals or law reviews. The citation is as
follows:
Author family name, Author given name.
“Title of article.” Title of journal
where article was published. (Date of publication) Volume (issue): page
numbers.
Some articles may be
ordered from online article databases such as www.pubmed.gov. Others can be ordered by contacting the journal
on the internet. An “abstract” is a short summary of the article written by the
authors of the article.
Asthana, Sheena.
“AIDS-related policies, legislation and programme implementation in India.” Health Policy and Planning (1996)
11(2): 184-197. Abstract: “This paper
traces the evolution of AIDS-related policy and legislation in India
from an initial response characterized by conservatism and
discrimination to the development of a coherent national programme
which aims to prevent the transmission of HIV and to develop support
structures for people with HIV and AIDS. Examining the strategies,
achievements and problems of specific components of the National
AIDS Control Programme (NACP), the paper finds that the very
progressive approach of national-level policy makers has been
countered by conservative forces at the state and local levels.”
Bayer R, Gostin
L. “Legal and ethical issues relating to AIDS.” Bulletin of
the Pan-American Health Organization (1990) 24(4): 454-68. Abstract: The
worldwide AIDS epidemic has posed an extraordinary array of ethical and legal
challenges. The work presented here reviews three issues at the heart of the
matter: discrimination against HIV-infected people, the limits of
confidentiality, and the exercise of coercive government powers to limit spread
of the disease. Because the authors are most familiar with the U.S. experience, the review deals primarily with
the history of the epidemic in the United States and public responses
to it in that country.
Berner, Boel.
“’Understanding ‘the contaminated blood affair’: Lessons from cross-national
comparisons.” Health, Risk & Society (March 2007) 9(1): 105-112. Abstract excerpt: This extended review
critically compares two edited texts which explore institutional and societal
responses to the health risks posed by the presence of HIV infection in blood
used for medical purposes. The review is used to raise more general issues
about cross-national comparisons and regulatory responses to new risks.
Burris, Scott. “Studying the Legal Management of HIV-related Stigma.”
The American Behavioral Scientist (April 1999) 42 (7): 1229-1244. Abstract: Law has been a prominent tool
for managing the stigmas associated with HIV. The belief that stigma would
discourage HIV testing and that privacy and antidiscrimination policies could
reduce this effect was plausible foundation for law in the early days of the
epidemic, but is now ripe for reexamination. This article identifies major
factual assumptions underlying current policies on HIV-related stigma and its
legal management that should be addressed in future research, including the
following: (a) stigma is an important factor in HIV-testing behavior, (b)
people are aware of protective laws, (c) people are not aware of threatening
laws, (d) protective laws will make people perceive less risk, and (e) the
person at social risk will be willing to rely on the law for protection. Future
research should better identify and integrate psychosocial factors that may
influence stigma and the influence of law on it.
Chalmers, James.
“Criminalisation of HIV Transmission: Can Doctors Be Liable for the Onward
Transmission of HIV?” International Journal of STD & AIDS (2004) 15(12):
782-788.
“Criminalising HIV Infection.” AIDS
Treatment Update (2003) 131: 2-6.
“The Criminalisation of HIV
Transmission” Journal of Medical Ethics (2002) 28(3): 160-163.
“HIV and the Law.” In Michael
Carter, ed., Living with HIV. Second edition. National AIDS Monitor
Publications, 2006; pp. 350-361.
“Sexually Transmitted Diseases and
the Criminal Law” Juridical Review (2001) 259-278.
Csete, Joanne.
“Is the UN Providing Leadership on HIV/AIDS and Human Rights?” Interrights Bulletin (2005) 15: 83-84.
Elamon, J. “A
Situational Analysis of HIV/AIDS Discrimination in Kerala, India.”
AIDS Care (July 2005) 17 (Supplement 2): S141-S151. Abstract: Due to its large population, India has a substantial proportion
of the world’s HIV infections. Recent evidence suggests that the virus is
moving into the general population from high-risk groups. Despite this, a
mentality of ‘us’ and ‘them’ continues to prevail, where PLWHA are marginalised
from mainstream society. Focusing on the area of health care, this study,
through an analysis of legislative policy, written regulations and interviews
with key informants and direct witnesses aims to map the forms of structural
discrimination that inform the lives of PLWHA. Study findings indicate that a
lack of clearly enunciated and enforced legislation (which is in some instances
clearly discriminatory), coupled with an absence of written internal policy,
leaves room for selective interpretation, which in turn creates the
opportunities for discriminatory behaviours to be perpetuated against PLWHA.
The paper concludes with a call for better
educational training of medical staff and the improvement of existing
legislature.
Elliott, Richard and J. Gold. “Protection
against discrimination based on HIV/AIDS status in Canada: the legal framework.” HIV/AIDS Policy Law Review (April 2005) 10(1): 20-31.
Feldman, Eric A.
“Blood Justice: Courts, Conflict, and Compensation in Japan, France,
and the United States.”
Law & Society Review(2000) 34: 651.
Friedman, Ann
Lorentson and Hughes, Rosemary B. “AIDS: Legal tools helpful for mental health
counseling interventions.” Journal of Mental Health Counseling (July
1994) 16(3): 291-304. Discusses legal issues with implications for both the HIV-positive
patients and the mental health counselor. Importance of encouraging persons to
formally express their treatment wishes while competent; Right of patients to
refuse extraordinary medical treatment to sustain life; Legal ramifications of
failing to prevent suicide; Workplace discrimination; Laws affecting minors.
Gill, Bates et
al. “China's
HIV Crisis” Foreign Affairs, March/April 2002
González MacDowell,
Enrique. “Juridical Action for the Protection of Collective Rights and Its
Legal Impact: A Case Study.” Journal of Law, Medicine & Ethics
(Winter 2002) 30 (4): 644-655. Describes the fight to achieve a legal right to
access HIV/AIDS antiretroviral treatment in Venezuela. Focus on constitutional
claims against public health and social security agencies; details on the
progressive recognition of related rights; provisions of the constitution on
the right to health.
Gostin L., Webber
D. “HIV Infection and AIDS in the Public Health and Health Care Systems” Journal
of the American Medical Association (1998)
279: 1108-1113. Abstract: The AIDS
Litigation Project has reviewed nearly 600 reported cases involving
individuals with human immunodeficiency virus (HIV) infection and
acquired immunodeficiency syndrome (AIDS) in the federal and state
courts in the United States
between 1991 and 1997. Cases were identified through a federal and
50-state computer and library search. An important subset of
litigation relates to HIV/AIDS in the public health and health care
systems, since the law affects health care institutions and
professionals, patients, and public health policy in America. This
subset of HIV/AIDS litigation includes testing and reporting;
privacy, the duty to warn, and the right to know; physician
standards of care in prevention and treatment; and discrimination
and access to health care. In broad terms, the review demonstrates
a reliance on voluntary testing and protection of patient privacy through
HIV-specific statutes and the common law. Negligence with potential
civil and criminal liability has been alleged in cases of erroneous
or missed diagnosis of HIV infection. In the first AIDS case to be
considered by the Supreme Court, the Court will decide whether
patients with asymptomatic HIV infection are protected under the
Americans With Disabilities Act. Considerable progress has been
made, both socially and legally, during the first 2 decades of the
epidemic, but much still needs to be accomplished to protect
privacy, prevent discrimination, and promote tolerance.
Grover, Anand,
and Veena Johari. “The ‘Suspended Knot’: The Judgement Suspending the Right to
Marry.” Interrights Bulletin (2005)
15: 88-89.
Harrant, Valerie.
“The Price of Impending Death: Evidence from Compensation Awarded to Victims
Contaminated by AIDS in France.”
Journal of Legal Economics (Spring 2002) 12 (1): 53-83. Focuses on the
calculation of the amount of compensation for the lost value of health and the
loss of life in the case of impending death related to the French case of
contaminated blood with AIDS. Necessity for compensation of contaminated victims
by the blood; background information about the theory to the value-of-life; facts
of the case of contaminated blood.
Hochberg,
Francine A. “HIV/AIDS And Blood Donation Policies: A Comparative Study of
Public Health Policies And Individual Rights Norms,” Duke Journal of
Comparative & International Law (2002) 12: 231-279. Abstract: This study addresses the use
of exclusionary criteria in blood donation policies to reduce the risk of
transmitting HIV and other blood-borne pathogens for public health reasons.
Hochberg looks at six areas of the world -- the United
States, Canada,
Denmark, Australia, Uganda
and Singapore
-- as case studies and how they determined which of their population was at
risk for developing HIV and AIDS. She also examines the policies the countries
put in place to combat this possibility and whether these policies justifiably
infringed on individual rights in an effort to prevent further transmission of
the disease.
Kelly, Joseph.
“The Liability of Blood Banks and Manufactures of Clotting Products to
recipients of HIV-infected Blood: A Comparison of the Law and the Reaction in the
United States, Canada, Great
Britain, Ireland
and Australia,”
John Marshall Law Review
(1994) 27: 465-491.
Kirp, David L.
“Look Back in Anger: Hemophilia and AIDS Activism in the International
Tainted-Blood Crisis,” Journal of Comparative Policy Analysis (1999)
1(2): 177-202. Abstract: During the
1980s, the AIDS epidemic devastated the hemophiliac population. It also
fostered the emergence of hemophilia activists, who have had a profound effect
on policy and politics in scores of nations. Drawing on case studies of 11
countries, this article examines the impact of this emerging interest group on
politics and policy outcomes. In addition, it compares the strategies adopted
by hemophilia activists and gay activists, specifically the reliance on
victimization or rights as the premise of demands for public support. Although
the article focuses on community mobilization around AIDS, it speaks more
generally to the growing international impact of interest group (or identity)
politics on policy.
Klein, Susan J., with William D. Karchner and Daniel
A. O'Connell. ”Interventions
To Prevent HIV-Related Stigma and Discrimination: Findings and Recommendations
for Public Health Practice.” Journal of Public Health
Management & Practice (November
2002) 8(6): 44-53. Abstract
excerpt: Stigma and discrimination exist in many forms, undermining
individual and community health. Interventions to combat stigma and
discrimination are essential to prevent the spread of HIV/AIDS. Health
departments, and others, can benefit by mounting specific interventions against
these threats to public health.
Peretti-Watel, P.
with B. Spire, Y. Obadia, and J.P. Moatti. “Discrimination against HIV-Infected
People and the Spread of HIV: Some Evidence from France.” Public Library of Science ONE (May 2, 2007) 2: 411. Abstract excerpt: Our study
clearly confirms a relationship between discrimination and unsafe sex among
PLWHAs infected through either injection drug use or heterosexual contact. This
relationship was especially strong in the heterosexual group that has become
the main vector of HIV transmission in France, and who is the more likely
of sexual mixing with the general population. These results seriously question
the hypothesis that HIV-stigma has no effect or could even reduce the infection
spread of HIV.
Lambda Legal.
“Lambda Legal’s World AIDS Day Report Card Shows Some Employers, Advocates,
Health Agencies Meeting Needs of People with HIV, and Others Badly Lacking.”
Press release. Available at http://www.lambdalegal.org/news/pr/world-aids-day-report.html,
December 1, 2003, retrieved June 25, 2007.
Nielsen, G.A. and
F.J. Young. “HIV/AIDS, advocacy and anti-discrimination legislation: The
Australian response.” International
Journal of STD and AIDS (January-February 1994) 5(1): 13-7. Abstract excerpt: This
paper will address the role of mass communication strategies in the reduction
of HIV/AIDS discrimination in Australia.
It will focus on the interdependence of mass communication and legislation in
health promotion campaigns with particular reference to the Disability
Discrimination Act 1992. Mass communication can maximize the impact of
legislation by promoting awareness of new laws and, more importantly, lead
changes in the attitudes of the polity and the wider public.
Orsini, Michael. “Reframing Medical Injury? Viewing
Tainted Blood Recipients as Victims of Cultural Injustice.” Social and Legal Studies (June 2007)
16(2): 241-258.
“The Politics of Naming, Blaming and
Claiming: HIV, Hepatitis C and the Emergence of Blood Activism in Canada.”
Canadian Journal of Political Science (2002), 35: 475-498.
Palmer, Caroline
and Lynn Mickelson. “Many Rivers to Cross: Evolving and Emerging Legal Issues
in the Third Decade of the HIV/AIDS Epidemic.” William Mitchell Law Review (2001) 28: 455.
Paxton S. et al.
“AIDS-related Discrimination in Asia.” AIDS
Care, May 2005; 17(4): 413-424.
Richter, M.
“Certain Legal Aspects of AIDS Discrimination in South Africa.” AIDS Analysis Africa (February-March 2002) 12(5):12-4. Abstract: Over the last five years, the
rules of employment and the health sector have undergone notable changes in
terms of the rights of people living with HIV/AIDS (PLWAs) in South Africa.
This article reviews certain legal aspects of AIDS discrimination in the
country, taken from the experiences of the AIDS Law Project (ALP).
Schmidt, P. “Blood
and AIDS: An International Political History.” ISBT Science Series, (September 2006) 1 (1): 266-271. Abstract: The politics of health was
never tested more in the Western democracies than when AIDS surfaced at the
beginning of the 1980s. In those countries it became the most important medical
event of the last half of the 20th century. The significance of AIDS was not
only as a disease that took away lives, but also as a disease that had great
effects on social and political life.
Sinton, Jennifer
and Jonathan Givner. “HIV and the Americans with Disabilities Act: Unintended
Challenges for Plaintiffs.” Interrights
Bulletin (2005) 15: 81-82.
Trebilcock. “Do
Institutions Matter? A Comparative Pathology of the HIV-Infected Blood Tragedy.”
Virginia Law Review (1996) 82(8): 1407.
Watchirs, Helen. “Public
health, Criminal law and HIV/AIDS” Presented at meeting on Law, Medicine and
Criminal Justice. Mariott Resort, Surfers Paradise,
6-8 July 1993. Available for download at http://www.aic.gov.au/conferences/medicine/watchirs.html,
retrieved June 29, 2007.
Watts, Jonathan. “AIDS in China: new
legislation, old doubts.” The Lancet 367 (9513): 803-804.
Weinberg, Peter
D., with Jennie Hounshell, Laurence A. Sherman, John Godwin, Shirin Ali,
Cecilia Tomori, and Charles L. Bennett. “Legal, financial, and public health
consequences of HIV contamination of blood and blood products in the 1980s and
1990s.” Annals of internal medicine (February 19, 2002) 136(4): 312-319.
Yang.
“Institutional and Structural Forms of HIV-related Discrimination in Health Care:
A study set in Beijing.”
AIDS Care (2005) 17 Suppl 2 -40.
Yang, Y., with
K.L. Zhang. “HIV/AIDS-related discrimination in Shanxi
rural areas of China.”
Biomedical and environmental sciences
(December 2004) 17(4): 410-7. Abstract excerpt: HIV/AIDS-related discrimination undermines
both individuals' and communities' responses to HIV/AIDS and may be a serious
obstacle towards effective HIV/AIDS prevention and control.
Zhang, Xiaoquan
Heather. “The Gathering Storm: AIDS Policy in China.” Journal of International
Development (December 2004) 16(8): 1155-1168. Abstract: This article offers an overview of the AIDS situation in China
and analyses the Chinese official responses to the AIDS threat since 1985. It
decomposes China's
AIDS policy into two phases: a period with institutional inertia featured
during the initial phase; and a recent period when the official stance on AIDS
demonstrates stronger political will and commitment. The article particularly
examines an unusual mode of HIV transmission in China, i.e. through unsafe,
unregulated blood collection, to highlight the point that vulnerability to
HIV/AIDS has been aggravated in a wider context of transition and worsening
inequality. The article also compares policies for tacking AIDS with those for
tackling SARS, and suggests lessons that can be learnt. It argues that despite
recent positive developments, AIDS needs to be confronted more forcefully
through an integrated approach that incorporates broader and fundamental
development issues.
Fact sheets
These are a few sample
materials developed by AIDS law centers that are given to clients to teach them
about their rights. Fact sheets are usually written in simple English. You can
find most of them on the web. You can also see a large number of excellent fact
sheets on the website of the AIDS Law Project of South Africa (www.alp.org.za).
“Anti-Gay Housing Discrimination: A Guide for
Property Owners and Managers.” Available at http://www.lambdalegal.org/our-work/publications/facts-backgrounds/page.jsp?itemID=31989154,
published March 31, 2004, retrieved June 25, 2007.
“Be a Workplace
Ally: Support your LGBT Coworkers and Coworkers with HIV.” Fact sheet.
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