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 | reports
| case studies | articles | fact sheets
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. Available at
http://www.lambdalegal.org/our-work/publications/facts-backgrounds/be-a-workplace-ally.html,
published April 23, 2007, retrieved June 25, 2007.
“HIV and Its
Transmission.” Fact sheet. Centers for Disease Control. Available at
http://www.cdc.gov/hiv/resources/factsheets/transmission.htm, modified
March 8 2007, retrieved June 25, 2007.
“Know Your Rights.” A
series of fact sheets in clear and simple language developed by the
AIDS Law Project in South Africa, on HIV discrimination, the South
African legal system, the rights of women, children, military, and
others. Available at http://www.alp.org.za/index.php, retrieved June
25, 2007.
“Quick Facts About Workplace Discrimination.” Fact
sheet. Lambda Legal. Available at
http://www.lambdalegal.org/our-work/publications/facts-backgrounds/quick-facts-about-workplace.html,
published April 23, 2007, retrieved June 25, 2007.
U.S.
Department of Education. “Placement of School Children with Acquired
Immune Deficiency Syndrome (AIDS).” July 199. Available at
http://www.ed.gov/about/offices/list/ocr/docs/hq53e9.html, retrieved
June 29, 2007.
