![handle is hein.journals/lvplr12 and id is 1 raw text is: The Liverpool Law Review Vol. XII(1) [1990] 3
HIV, AIDS AND HUMAN RIGHTS
L.J. Moran*
With the emergence of the Human Immunodeficiency Virus,
(HIV) and Acquired Immune Deficiency Syndrome, (AIDS) legisla-
tors, policy makers, concerned professionals and many others have
addressed the question of the relationship between public health
policy and the law. Existing practice demonstrates that law has a
wide range of functions.' The extensive use of government guidelines2
which recommend strategies and precautions for controlling the
spread of HIV demonstrate the importance of the advisory function
in law. The enabling or appropriating function of law is demon-
strated in the authorised provision of services, such as education,3
* Solicitor, Lecturer in Law. This research has been undertaken with the
support of the University of Sussex, Arts Area Research Fund. Special
thanks to Neil Duxbury, Zdenek Kavan, Professor Arthur S. Leonard,
William B. Rubenstein, Tom Stoddard and the staff of the Aids
Discrimination Unit of the New York City Human Rights Commission
especially Catherine Franke.
1 The functional categories referred to during the course of the article are
drawn from an article by L. Gostin and A. Zeigler, A Review of AIDS-
Related Legislative and Regulatory Policy in the United States, in
AIDS Law and Policy, 15/1-2 Law Medicine and Health Care (1987), 5-
16, p.5.
2 See, for example, Department of Health and Social Security, Informat-
ion and Guidance on A.I.D.S. (Acquired Immune Deficiency Synd-
rome) for Local Authority Staff, LASSL (86)8, 1986, and Department of
Employment and the Health and Safety Executive, A.I.D.S., Acquired
Immune Deficiency Syndrome and Employment, 1986.
3 Education is of particular interest as it demonstrates that government
responses to the need for and provision of education are contradictory.
On the one hand education has been named as the most significant
means of fighting the spread of the virus but on the other hand
education reforms have given schools the right to opt out of education
(the provision of sex education) which provides important opportunities
for HIV/AIDS education. See s.18(2) of the Education Act No. 2 1986
and Department of Education and Science Circular No. 11/87. Similar
contradictory messages are be found in s.28 of the Local Government
Act 1988 and the Department of Environment Circular 12/88, dealing](ViewImageLocal?handle=hein.journals/lvplr12&div=1&collection=&method=preview&ext=.png&size=3)
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