AIDS legislation--turning up the heat?

Abstract:

:This paper is not about the medical condition of AIDS. Nor is it about the history of the condition since it was first reported in Atlanta, Georgia in 1981. It looks rather, at the catalogue of legislative and other legal responses to the spread of AIDS. The paper analyses the AIDS condition in its historical context. The hysteria accompanying the outbreak of AIDS is contrasted with the similar hysteria associated with other previous epidemics experienced in Australia over the past two centuries. The paper categorises the responses of lawmakers to the condition, according to the approach taken; from 'full blast', through 'moderate heat' to 'low key' or an attempt to avoid or minimise legal intervention. It is suggested that the appropriate response should depend upon such factors as the present magnitude of the condition, its likely future course, the availability of cures and protections against its spread and objectives being sought by intervention. Unless these factors are taken into account gross over-reaction can occur, causing social disruption and much personal injustice. :Justice Kirby, president of the Court of Appeal of the Supreme Court of New South Wales and former chairman of the Australian Law Reform Commission, discusses the responses of lawmakers in Australia and other countries to the AIDS outbreak in the context of reactions to previous epidemics. He categorizes the measures proposed as "full blast" (e.g., travel restrictions; universal testing for AIDS virus antibodies; national ID cards; quarantine); "moderate heat" (compulsory detention or reporting of AIDS patients; shutting down of homosexual clubs and baths; testing of employees or other groups; registering of prostitutes; criminal penalties for "knowingly" spreading the virus); or "low key" (condoms and "safe sex" education; discouraging blood donation by persons at risk). Favoring a generally restrained approach, he cautions that overreaction can be counterproductive and can lead to social disruption and injustice.

journal_name

J Med Ethics

authors

Kirby MD

doi

10.1136/jme.12.4.187

subject

Has Abstract

pub_date

1986-12-01 00:00:00

pages

187-94

issue

4

eissn

0306-6800

issn

1473-4257

journal_volume

12

pub_type

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