Title: The Social, ethical, and legal implications of HIV

Abstract:

The treatment and diagnosis of the HIV virus display significant differences based on various socio-economic, ethnic, and other distinct parts of our society. Many studies proved that as with many diseases, early detection and treatment is the key to successful therapy and recovery from this disease. Unfortunately, many factors interfere with a uniformed approach in a detection and treatment method that would be offered to the entire population. Instead, various approaches are used to diagnose, test, and offer possible long-term therapy. Even more disturbing, is the fact that these various approaches differ based on legal, economic, or other societal status of an individual who maybe potentially offered these tests.

There have been a number of studies conducted in the United States that specifically seek out individuals based on their social status such as illegal immigrants, incarcerated individuals, detainees, minorities, or individuals who are already infected with HIV. These studies concluded that the individuals, who participated in the study, end up either not being offered HIV screening and follow up care, or are selectively chosen to receive inadequate care. At the same time, more affluent individuals who have access to private providers receive appropriate HIV screening and comprehensive therapy. At the base of many of these studies is the issue of the stigma associated with HIV. Almost all of the studies conducted up to date suggest that the existence of this single issue deters a significant portion of the population that needs to be tested to prevent transmission of the virus to their sexual partners and/or to their fetus, as in the case of pregnant women.

 

Annotated Bibliography:

 

Lovvorn, Amy E. Quinn, Sandra Crouse and Jolly, David H.

Journal of Public Health Policy , Vol. 18, No. 4 (1997), pp. 401-432

 

This journal article discusses multiple state policies that address the issues of HIV

counseling and testing as possible methods to reduce perinatal HIV transmission rates.

This interest arose from a clinical study that was conducted among pregnant women. This study showed that administering a certain drug, Zidovudine, reduced perinatal HIV transmission rates. The five policies examined were rated based on their equity, user preference, feasibility and effectiveness. This article is relevant to my paper’s topic because it discusses the benefits of maintaining state policies that may reduce HIV transmission rate from the mother to the fetus. The authors of the article also examine the importance of having unprejudiced public health policies that can further ostracize the already stigmatized HIV patient.

 

Mueller, Ruth Dixon

Studies in Family Planning , Vol. 38, No. 4, Ethical Issues in Reproductive Health (Dec., 2007), pp. 284-296

 

A key point that is addressed in this article is the controversy surrounding the HIV stigma, and testing. The authors of this article examine the rights of individuals to reject routine screening and the detriment this causes to their sexual partners. In the journal, it is asserted that it is the right of all individuals to know the serostatus, thus allowing them to be protected from possible STI’s. It is concluded that routine screening, and counseling would help to increase awareness of HIV, and reduce the stigma associated with it. This article is relevant to my paper because I examine the ethical issues surrounding HIV testing, along with the negative impacts that the HIV stigma has had on society and on those who are infected

Santopoalo, Tina

Journal of Community Health Nursing , Vol. 6, No. 4 (1989), pp. 231-244

The author of this article presents pro and con aspects of implementing mandatory HIV

screening as an appropriate method used for coping with AIDS epidemic. She also examines opinions of certain prominent individuals and a review of pertinent literature is presented. She proposes certain public health policies that would control the rampant spread of the HIV virus, amongst other relevant conclusions drawn. This is relevant to my paper because I take stances on the possibility certain public health mandates regarding HIV screening and testing.

 

 

Venters, Homer D. McNeely, Jennifer and Keller, Allen S.

Health and Human Rights , Vol. 11, No. 2 (2009), pp. 89-100

A fundamental issue that is addressed in this article is Human Rights. The authors examine the medical treatment of non-criminal illegal immigrants. The group of individuals conducted studies amongst immigrants who were both HIV positive and HIV negative.  The authors concluded that the immigration detention system in the USA fails to properly screen illegal immigrants for HIV. It also gives a very poor level of medical treatment to immigrants who are HIV positive. This study relates back to my paper because I discuss the differences in the levels of care people receive. One of the most influential factors in determining the quality of care is legal/socioeconomic status.

 

 

 

Wilfert, Catherine M.

Clinical Infectious Diseases , Vol. 19, No. 4 (Oct., 1994), pp. 664-666

 

The author of this article examines HIV transmission from a pregnant mother to her fetus. She examines studies that involved administering a drug to women to reduce vertical transmission. The author examines the rights of women to receive HIV counseling, and screening. The article also points out that the treatment of HIV- positive pregnant women could possibly reduce the number of pediatric HIV- positive cases. Furthermore, the author proposes mandates that require women to be screened for HIV as methods to control the transmission rates of vertical HIV transmission.  This article relates to my paper because I explore the legal aspects of HIV testing, and the impact such mandates may have on HIV- positive people.