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AJPH First Look, published online ahead of print Aug 13, 2008
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October 2008, Vol 98, No. 10 | American Journal of Public Health 1779-1786
© 2008 American Public Health Association
DOI: 10.2105/AJPH.2008.138669


GOVERNMENT, POLITICS, AND LAW

HIV/AIDS, Reproductive and Sexual Health, and the Law

Lance Gable, JD, MPH, Lawrence O. Gostin, JD and James G. Hodge, Jr, JD, LLM

Lance Gable is with Wayne State University Law School, Detroit, MI. Lawrence O. Gostin is with the Law Center, Georgetown University, Washington, DC, and the O'Neill Institute for National and Global Health Law, Washington, DC. James G. Hodge Jr is with the Johns Hopkins Bloomberg School of Public Health, Baltimore, MD. All authors are also with the Centers for Law and the Public's Health: A Collaborative at Johns Hopkins and Georgetown Universities, Baltimore, MD.

Correspondence: Requests for reprints should be sent to Lance Gable, JD, MPH, Assistant Professor of Law, Wayne State University Law School, 471 W Palmer, Detroit, MI 48202 (e-mail: lancegable{at}wayne.edu).

The law is a frequently overlooked tool for addressing the complex practical and ethical issues that arise from the HIV/AIDS pandemic. The law intersects with reproductive and sexual health issues and HIV/AIDS in many ways. Well-written and rigorously applied laws could benefit persons living with (or at risk of contracting) HIV/AIDS, particularly concerning their reproductive and sexual health.

Access to reproductive health services should be a legal right, and discrimination based on HIV status, which undermines access, should be prohibited. Laws against sexual violence and exploitation, which perpetuate the spread of HIV and its negative effects, should be enforced. Finally, a human rights framework should inform the drafting of laws to more effectively protect health.







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