HIV/AIDS in prisons: recent developments

In a report released on 20 November 2002, entitled Action on HIV/AIDS in Prisons: Too Little, Too Late--A Report Card, the Canadian HIV/AIDS Legal Network concluded that despite repeated studies and nearly ten years of recommendations for urgent and pragmatic action, the response of Canadian governments to HIV/AIDS, HCV, and injection drug use in prisons remains inadequate. Only a few weeks later, the House of Commons Special Committee on Non-Medical Use of Drugs released its report, which contained a number of recommendations to the Correctional Service of Canada. Although the Committee avoided talking about needle exchange programs in prisons, it did recommend them! Meanwhile, in Ireland, not even condoms or bleach are provided.     

HIV/AIDS legal issues in the United States

The HIV/AIDS epidemic continues to be a leading public health issue in the United States. During the past decade, the epidemic has shifted away from the gay community, although gay and bisexual men continue to be the largest single HIV exposure category. Now, HIV increasingly affects low-income people of colour in urban areas, as well as women. As AIDS becomes more and more a minority, inner-city disease, public focus on the epidemic as a significant social and political issue is waning. While a full survey of current issues in US law is beyond the scope of this article, the focus here is on current issues that are highly relevant to the direction the epidemic appears to be taking.     

输血后艾滋病的司法鉴定

本文综述了近年来输血后艾滋病病毒感染、艾滋病发病情况及其影响因素,强调了按照国家法律,法规,严格控制血液制品进口,采血部门严格筛查,供血单位规范生产,用血医院严把指征,以及受血病人知情理解是避免输血后艾滋病病毒感染和艾滋病法律纠纷的关键。阐述了输血后艾滋病病毒感染及艾滋病发病的司法鉴定工作要点。     

Putting third first: critical legal issues and HIV/AIDS

On 7 July 2000, before the XIII International AIDS Conference, the Canadian HIV/AIDS Legal Network and the AIDS Law Project, South Africa held a one-day satellite meeting on legal, ethical, and human rights issues in Durban, South Africa. Entitled Putting Third First--Critical Legal Issues and HIV/AIDS, the satellite focused on legal strategies to advance the human rights of those most vulnerable to HIV/AIDS and to discrimination: people in the developing world, and people who, although they live in the industrialized world, suffer from poverty and marginalization and are at high risk of contracting HIV. The satellite grew out of the ongoing partnership between the Canadian HIV/AIDS Legal Network and the AIDS Law Project, South Africa, and was co-hosted by UNAIDS.     

Measuring legal implementation of the international guidelines on HIV/AIDS and human rights

With over 36 million people now living with the virus and over 21 million people dying of AIDS in the last two decades, HIV/AIDS is a global health and security problem. These shocking figures eclipse the human toll of many wars, and reveal in themselves that human rights are not being respected, protected, or fulfilled, either through negligent omissions or violations. A human rights approach to the epidemic was advocated early by advocates such as Jonathan Mann, who recognized that infections thrived in conditions of inequality. This approach was crystallized in the International Guidelines on HIV/AIDS and Human Rights that were developed at the Second International Consultation in 1996 convened by UNAIDS and the Office of the High Commissioner for Human Rights. The Guidelines cover three main areas: improving governmental responses in terms of multisectoral responsibility and accountability; widespread law reform and legal support services; and supporting increased private sector and community participation in effective responses to the epidemic. This article focuses on the half of the twelve Guidelines that concern rights that are justiciable and amenable to law reform. It highlights the responsibilities of States Parties to human rights treaties, as they bear the principal burden of the obligations to implement.     

Recent legal developments

Abstract

THE CASE of R (Pretty) v. Director of Public Prosecutions, gave the House of Lords the opportunity to comment on the issues surrounding the application of the European Convention on Human Rights to the crime of assisted suicide in the case of the terminally ill. A conservative approach was taken in relation to both this issue and indeed in relation to the possibilities of judicial control of the Law Officers of the Crown.     

Recent legal developments

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HIV/AIDS and human rights revisited

In their article, Sofia Gruskin and Daniel Tarantola demonstrate how, as the number of people living with HIV and with AIDS continues to grow in nations with different economies, social structures, and legal systems, HIV/AIDS-related human rights issues are not only becoming more apparent, but also increasingly diverse. In the 1980s, the relationship of HIV/AIDS to human rights was only understood as it involved people with HIV or AIDS and the discrimination to which they were subjected. The concerns included mandatory HIV testing; restrictions on international travel; barriers to employment and housing, access to education, medical care, or health insurance; and the many issues raised by named reporting, partner notification, and confidentiality. Almost 20 years into the epidemic, these issues remain serious and most often have not been resolved. In the 1990s, however, there was increased understanding of the importance of human rights as a factor in determining people's vulnerability to HIV infection and their consequent risk of acquiring HIV infection and their chances of accessing appropriate care and support. And most recently, human rights have also come to be understood to be directly relevant to every element of the risk/vulnerability paradigm. Gruskin and Tarantola identify three situations and three levels of governmental obligations that should be considered when identifying the specific needs and related rights of individuals in the context of HIV/AIDS. They conclude that policymakers, program managers, and service providers must become more comfortable using human rights norms and standards to guide and limit government action in all matters affecting the response to HIV/AIDS; and that those involved in HIV/AIDS advocacy must become more familiar with the practicalities of using international human rights law when they strive to hold governments accountable.     

Recent legal developments European law

EMPLOYMENT LAW HANDBOOK: AN ADVISOR'S HANDBOOK By TAMARA LEWIS [Legal Action Group, 2005, 6th ed., 739 pp., £28.00 (paperback)]

EMPLOYMENT TRIBUNAL CLAIMS: TACTICS AND PRECEDENTS By NAOMI CUNNINGHAM [Legal Action Group, 2005, 396 pp., £25.00 (paperback)]

DISCRIMINATION LAW: TEXT, CASES AND MATERIALS By AILEEN MCCOLGAN [Hart Publishing, 2005. 2nd edn., 757 pp., £25 (paperback)]

FAMILY LAW AND FAMILY VALUES Edited By MAVIS MACLEAN [Hart Publishing, 2005, 342 pp., £22.00 (paperback)]

TRUSTS AND EQUITY By NIGEL STOCKWELL and RICHARD EDWARDS [Pearson Longman, 2005, 7th edn., 556 pp., £29.99 (paperback)]

HAYTON AND MARSHALL: CASES AND COMMENTARY ON THE LAW OF TRUSTS AND EQUITABLE REMEDIES By DAVID HAYTON and CHARLES MITCHELL [Sweet &; Maxwell, 2005, 12th edn., 985 pp., £32.95 (paperback)]

MODERN INTELLECTUAL PROPERTY LAW By CATHERINE COLSTON and KIRSTY MIDDLETON [Cavendish Publishing Ltd., 2005, 2nd ed., 808 pp., £35.95 (paperback)]

INSURANCE LAW: DOCTRINE AND PRINCIPLES By JOHN DOWRY and PHILIP RAWLINGS [Hart Publishing, 2005, 2nd edn, 447 pp., £25.00 (paperback)]

MASON &; MCCALL SMITH'S LAW AND MEDICAL ETHICS Edited By KENYON MASON and GRAEME LAURIE [Oxford University Press, 2005, 7th ed., 774 pp., £21.99 (paperback)]

LEGAL CONUNDRUMS IN OUR BRAVE NEW WORLD By BARONESS HELENA KENNEDY QC [Sweet and Maxwell, 2004, 57 pp., £17.95 (paperback)]

CRIMINAL LAW By CATHERINE ELLIOTT and FRANCES QUINN [Pearson Education, 2006, 6th ed. xxvi + 420 pp., £22.99 (paperback)]

DRUGS, ADDICTION AND THE LAW By LEONARD JASON‐LLOYD [ELM Publications, 10th ed., 232 pp., £29.95 (loose‐leaf with updating service)]

THE VIOLENT WORKPLACE By P. A. J. WADDINGTON, DOUG BADGER and RAY BULL [Willan Publishing, 2006, xii + 204 pp., £25.00 (hardback)]

ENVIRONMENTAL LAW By J. THORNTON and S. BECKWITH [Sweet and Maxwell, 2004, 2nd ed., 447 pp., £24.95 (paperback)]