Reference health
HIV, AIDS and human rights
4/4 checkable references clean · checked 2026-09-03
Every reference with a DOI in the deposited reference list resolved to a known work in Crossref or DataCite at the dated check, and none carried a retraction, withdrawal, or removal notice.
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The 4 checked references that resolve
resolves10.1111/j.1748-720X.1987.tb01003.x
A Review of AIDS-Related Legislative and Regulatory Policy in the United States
resolves10.1111/j.1468-2230.1988.tb01760.x
I<scp>llness</scp>: A M<scp>ore</scp> O<scp>nerous</scp> C<scp>itizenship</scp>?<sup>1</sup>
The 68 references without a DOI — listed, not checked
no DOI — not checkedSee, for example, Department of Health and Social Security,Information and Guidance on A.I.D.S. (Acquired Immune Deficiency Syndrome) 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.
no DOI — not checkedEducation 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 with the promotion of homosexuality by local authorities. On the one hand local authorities are restricted in the way they refer to homosexuality and respond to the needs of homosexuals. Many of those affected by the virus and the stigmatisation associated with it fall into this category. On the other hand s.28(2) states that nothing in s.1 prevents anything being done for the purpose of treating or spreading HIV/AIDS. Finally, at the end of 1989 a government funded body, the Health Education Council, announced that it was to close its AIDS Education Unit; see, V. Beardshaw, ?Blunted Weapons?,New Statesman & Society, 1.12.89, 24?25.
no DOI — not checkedFor a recent synopsis of such initiatives see Hansard (House of Commons) Vol 144 (1989) cols. 1099?1161.
no DOI — not checkedAIDS (Control) Act 1987.
no DOI — not checkedFor further information see Una Padel's essay in this collection.
no DOI — not checkedS.I. 1985 No. 434.
no DOI — not checkedWhilst most of these are government initiatives private initiatives may also embody the regulatory function of law, for example see F. Kaganas, ?Compensation for AIDS Victims?,Anglo-American Law Review (1988), 117?138, and D. Pearl and S. Pearl, ?AIDS: an overview of the legal implications?, 86/19The Law Society's Gazette (1989), 28?31 and 35.
no DOI — not checkedH. Harman and C. Smith,supra note 4; I. Kennedy and A. Grubb, ?Testing for HIV infection: the legal framework?, 86/7Law Society's Gazette (1989), 30?35; 86/9Law Society's Gazette (1989), 30?31; and D. Harris and R. Haigh, eds.,AIDS: A Guide to the Law, Tavistock Routledge, 1990, are examples of rare exceptions to this.
no DOI — not checkedDepartment of Health Press Release 89/473 (6.11.89) reported that in Oct. 89 in the U.K. 2717 people had developed AIDS of whom 1422 had died. During the course of the House of Commons debate on AIDS,supra note 4, David Mellor informed the House that Government forecasts estimated that in the U.K. by 1992 20?50,000 people would be HIV positive, 10?30,000 would have the full blown syndrome AIDS and 7,500?17,000 people would have died of the infection. In Europe it is estimated by the Commission of the European Communities, (Communication from the Commission on the fight against AIDS: COM (87), 63) that 100,000 Europeans could have AIDS by 1990. In addition it has been estimated that for every declared case of AIDS there are between 50 and 100 asymptomatic carriers. The World Health Organisation recently reported that AIDS cases throughout the world rose by 53% from 132,976 to 203,599 in 1989,Financial Times 5.1.90. David Mellor noted,supra note 4 at col.1101, that the World Health Organisation estimated that between 5 and 10 million people were infected with the HIV virus.
no DOI — not checkedFor the U.K.: A. Vass,Aids: a plague in us: a social perspective: the condition and its social consequences, Venus Academia, 1986; S. Watney,Policing Desire: Pornography, AIDS and the Media, Methuen, 1987; for the U.S.A.: D. Altman,Aids and the New Puritanism, Pluto Press, 1986; C. Patton,Sex and Germs, South End Press, 1985; and R Shilts,And the Band Played On, Penguin, 1987; for Africa and the third world: R.C. and R.J. Chirimuuta,Aids, Africa and Racism, R.C. and R.J. Chirimuuta, Bretby, 1987, and R. Sabatier,Blaming Others: Prejudice, Race and Worldwide AIDS, The Panos Institute, 1988.
no DOI — not checkedAids Discrimination Unit of the New York City Commission on Human Rights,Report on discrimination against people with Aids November 1983?April 1986 and Report on discrimination against people with Aids and people perceived to have Aids, January 1986?June 1987.
no DOI — not checkedIn the U.K., the Texaco oil company is reported to be demanding that any employee who is off work sick for four weeks or more must undergo a full company medical which includes compulsory blood test for the virus HIV: LAGER, Lesbian and Gay Employment Rights Organisation, Summer Newsletter, 1988.
no DOI — not checkedSee also Mark Scherzer, ?Insurance?, inAids and the Law, ed. H.L. Dalton, S. Burris, Yale Aids Law Project, 1987, for other examples of factors at work in formation of risk perceptions.
no DOI — not checkedFor example seeGay Times, April 1989, 15, on welfare benefits;Gay Times, December 1989, 15, on the provision of dental care;Gay Times, December 1988, 14, on ambulance provision;The Observer, 4th September 1988, documenting discrimination faced by women who are HIV positive; Clare Saunders, ?The Risk Business?,New Statesman & Society, 1.12.89, 23?24; Clare Saunders, ?Homesick?,New Statesman and Society 16.2.90, pp.10?11, and M. Drake, ?Housing and HIV in South London: A survey of the housing needs of people with HIV in Southwark and Lambeth? (referred to in Saunders, ?Homesick?,ibid.).
no DOI — not checkedFor example seeBuck v.Letchworth Palace Ltd., Bedford I.T. (7.4.87) andCormack v.T.N.T. Sealion, Central London I.T. (28.11.86) ? both cases related to dismissal on the basis of ?perceived risk?. In the former the dismissed party secured a settlement out of court before coming to appeal. In the latter the tribunal held the dismissal to be fair. David Taylor, ?Legal Aspects of HIV and AIDS in Employment?,Legal Action (April, 1989), 15?18, and David Taylor, ?Legal aspects of HIV and AIDS in Insurance Law?,Legal Action (May, 1989), 14?16.
no DOI — not checkedWorld Health Organisation, Forty-First World Health Assembly, Agenda Item 24, ?AIDS: Avoidance of Discrimination In Relation to HIV-Infected People and People with AIDS?: 1988/40The Review of the International Commission of Jurists 42?3.
no DOI — not checkedOne weakness with this initiative is that it is limited to those who are HIV positive and those living with AIDS. While these are important persons in urgent need of protection many others are vulnerable ? in particular those stigmatised and victimised merely because others perceive them to be ?at risk? of infection.
no DOI — not checkedCouncil of Europe Committee of Ministers, Recommendation No. R (87) 25 ?Concerning a Common European Public Health Policy to Fight the Acquired Immunodeficiency Syndrome (AIDS)?: 1988/40The Review of the International Commission of Jurists 44?48.
no DOI — not checkedHouse of Commons Social Services Select Committee, 3rd Report:Problems Associated with Aids, 1987, Vols. 1?3; see Vol. I.
no DOI — not checkedIbid., Vol.I, at p.xxiv para 53. For a recent historical analysis that addresses the relationship between public health and censorship see F. Mort,Dangerous Sexualities, Routledge and Kegan Paul, 1987.
no DOI — not checkedSupra note 23, Education and Prevention, esp. pp. xxiv?xxviii, paras. 52?66.
no DOI — not checkedSee S. Watney,supra note 12, esp. ch. 3. Note also s.4 of the Obscene Publications Act 1959, providing a defence of public good. See also Claire Saunders,supra note 18, dealing with safer sex campaigns, prostitution and the policing of prostitution.
no DOI — not checkedSupra note 23 at Vol.I pp.xxvi?xxvii, para 63.
no DOI — not checkedSupra note 23 at Vol. I p.xxvii, para 64. For the Government's guarded response to this conclusion see: D.H.S.S.,Problems Associated with AIDS, Response by the Government to the 3rd Report from the Social Services Committee, Session 1986?87, H.M.S.O, 1988, p.10 paras 3.9 and 3.10.
no DOI — not checkedIbid. See alsosupra note 3, Circular, 11/87. See also Resolution of the Representatives of the Governments of the Member States meeting with the Council of 29th May 1986 on AIDS: 86/C 184/06, Commission of the European Community, Communication from the Commission on the fights against AIDS, COM (87) 63; Select Committee of Experts on AIDS, Council of Europe,AIDS: Prevention, Information and Education for Health, 1987.
no DOI — not checkedI.C. MacManus and A.D. Morton, ?Attitudes to and knowledge about acquired immune deficiency syndrome: lack of correlation?, 293British Medical Journal (8.11.86), 1212.
no DOI — not checkedSee note 40 below.
no DOI — not checkedFor example see D.H.S.S.,Acquired Immune Deficiency Syndrome: AIDS: General Information for Doctors, May 1985.
no DOI — not checkedSupra note 12.
no DOI — not checkedCommittee of Ministers, Council of Europe,Declaration regarding intolerance ? A threat to democracy. Recommendations and Resolutions 1978. Adopted on the 27th April 1978. Reprinted in Council of Europe,Human Rights in International Law, Basic Texts, 1985, 171.
no DOI — not checkedThis essay concentrates upon the human rights enumerated in the European Convention. For a wider consideration of human rights provisions to the issue of HIV/AIDS see Paul Sieghart,AIDS and Human Rights, A U.K. Perspective, British Medical Foundation for Aids, 1989, which includes a consideration of the U.N. Charter of 1945, the Universal Declaration of Human Rights, the International Covenants of Civil and Political Rights and Economic Social and Cultural Rights.
no DOI — not checkedEuropean Convention on Human Rights, 1950, Cmnd. 8969.
no DOI — not checkedMarckx 6833/74. Judgment 13.6.78 para 32.
no DOI — not checkedSee also Article 15 which provides a wide ranging power of derogation where this is deemed to be ?strictly necessary?. This power is limited to wartime situations or public emergencies which threaten the life of the nation. HIV/AIDS is unlikely to fall within such categories. See theLawless Case, 4Yearbook 472?5, and for a general overview see J.E.S. Fawcett,The Application of the European Convention on Human Rights, Clarendon Press, 1987, 307?313.
no DOI — not checkedHandyside, 5493/72, Judgment 7.12.76,Dudgeon, 7525/76, Judgment 22.10.81,Marckx, supra note 12,Tyrer, 586/72, Judgment 22.10.81.
no DOI — not checkedHandyside, ibid. para. 49.
no DOI — not checkedTyrer, supra note 40, paras. 31 and 38.
no DOI — not checkedDugeon, supra note 40, paras. 58?61.
no DOI — not checkedTyrer, supra note 40.
no DOI — not checkedHandyside, supra note 40, para 48. See alsoThe Sunday Times Case, 6538/74, Judgment 26.4.79, para 59, where the court noted that the scope of the margin of appreciation is not identical in respect of each of the aims justifying restrictions on a right.
no DOI — not checkedHandyside, supra note 40, para 49.
no DOI — not checkedMarckx, supra note 37, para 41,Dudgeon, supra note 40, para 60.
no DOI — not checkedMarckx, supra note 37, para 41 and 49.Dudgeon, supra note 40, para 60.
no DOI — not checkedHandyside, supra note 37, para 49, andDudgeon, supra note 40, para 53.
no DOI — not checkedDudgeon, supra note 40, para 53.
no DOI — not checkedSupra note 20.
no DOI — not checkedSupra note 22.
no DOI — not checkedHandyside, supra note 40, para 48.
no DOI — not checkedSeeEllerman Lines LTD. v.Murray [1931] A.C. 126 and in the context of the Convention seeR v.Deery (1977) 20E.C.H.R. Yearbook 827. See alsoThe Parlement Belge (1879) 4 P.D. 129. For an excellent synopsis of the status of the Convention in English Law see, P.J. Duffy, ?English law and the European Convention on Human Rights?, 29I.C.L.Q. (1980), 585.
no DOI — not checkedA.V. Dicey,An Introduction to the Study of the Law of the Constitution, MacMillan, 1959, ch 4: ?The Rule of Law: its Nature and General Application?, at 201.
no DOI — not checkedSupra note 28.
no DOI — not checkedProposals to amend the employment bill introduced in the 1988?89 session of Parliament to include a clause outlawing discrimination in the workplace failed to attract Government support.
no DOI — not checkedSB 943, for further examples see L. Gostin et al,supra note 1.
no DOI — not checkedLos Angeles, Section 1, ch. 3, art 5.8 (1985).
no DOI — not checkedWest Hollywood, Ordinance 77, Cal. Code Art 4, ch. 2, pt. E (1986).
no DOI — not checkedSan Francisco, Cal. Police Code, pt. 2, ch. 8, art 38 (1985).
no DOI — not checkedCalifornia Health and Safety Code, Ch 1.11 and 1.12, section 199.20; Wisconsin Act 73, L 1985: Florida, ch. 85-52 L 1985.
no DOI — not checkedThis is not to suggest that the judges in the U.K. are incapable of this type of response; for example seeX v.Y [1988] 2 All E.R. 648.
no DOI — not checked107 S. Ct. 1123 (1987).
no DOI — not checkedRehabilitation Act 1973 as amended 29 U.S.C. 701 et seq. See the House of Commons debate on Aids,supra note 3.
no DOI — not checkedSee the House of Commons debate on Aids,supra note 3.
no DOI — not checkedSupra note 18. See also A. Brazier,A Double Deficiency: a Report on the Social Security Act 1986 and People with Aids, ARC and HIV Infection, Terrence Higgins Trust, 1989.
no DOI — not checkedSee Una Padel's article in this issue.
no DOI — not checkedSupra note 18.
no DOI — not checkedSupra note 18.
no DOI — not checkedGay London Policing Group, 5th Annual Report, 1988/9, 10?11.
no DOI — not checkedSee H. Harman, House of Commons Debate,supra note 3, col. 1108.
no DOI — not checkedDavid Taylor,supra note 19.
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