Name, Shame and Blame

Name, Shame and Blame
Author: Christine Stewart
Publisher: ANU Press
Total Pages: 395
Release: 2014-12-02
Genre: Social Science
ISBN: 192502122X

Papua New Guinea is one of the many former British Commonwealth colonies which maintain the criminalisation of the sexual activities of two groups, despite the fact that the sex takes place between consenting adults in private: sellers of sex and males who have sex with males. The English common law system was imposed on the colonies with little regard for the social regulation and belief systems of the colonised, and in most instances, was retained and developed post-Independence, regardless of the infringements of human rights involved. Now the HIV pandemic has thrown a spotlight, not altogether welcome, on the sexual activities of these two groups. In Papua New Guinea, a growing body of behavioural research has focused on such matters as individual sexual partnering, condom use and awareness of HIV. My work, however, has a different purpose. I chose the terms in the title to highlight a nexus which I believe exists between the criminal law and negative attitudes of society. At an international level, the argument has been put that decriminalising sex work and sodomy will facilitate HIV epidemic management, reducing the stigma and discrimination these groups encounter and making them easier to reach. I undertook my research therefore with the aim of gaining deeper understanding of the effects the current situation of criminalisation might have on the social lives of these criminalised people today, in the country generally and in Port Moresby the capital in particular, and whether these effects might provide evidence to support the argument for law reform. This is a rich and well-researched study of the legal, social and moral issues surrounding the criminalisation of two forms of consensual sex…. A very impressive piece of work, it is extensively documented, relies on a wide range of material and makes a clear and coherent argument about the place of law in producing identities and exclusions…. The attention to change over time and the complexity of the ways in which sexual behaviour is enacted and punished is a particular strength of the book. —Professor Sally Engle Merry, Anthropology, Law and Society, New York University This book is an exceptional contribution to our knowledge of the nexus between the criminal law and negative attitudes of society, and what effects criminalization has on the social lives of prostitutes and males who have sex with males, and whether these effects might provide evidence to support the argument for law reform…. The author’s experience of Papua New Guinea allows her to comment in depth on such matters as the United Nations’ human rights approach to the HIV epidemic and their call to decriminalize all sexual acts between consenting adults…. She shows that criminal laws—with the help of the normative discourse of religion and media—underpin and legitimize high levels of stigma, discrimination and abuse of prostitutes and males who have sex with males…. The quality of the writing and general presentation are exceptional. —Laura Zimmer-Tamakoshi, Truman State University (retired)

War on Drugs, HIV/AIDS, and Human Rights

War on Drugs, HIV/AIDS, and Human Rights
Author: Kasia Malinowska-Sempruch
Publisher: IDEA
Total Pages: 340
Release: 2004
Genre: Medical
ISBN: 9780972054171

Annotation Drug policies are often categorized in terms of public health and safety: governments forbid the voluntary use of certain substances because such use undermines the good of society as a whole. This book aims to position drug policies in another context - the context of human rights. Articles will examine the rights of drug users, with special attention to the right to adequate medical care, which is often denied to intravenous drug users who are suffering from HIV/AIDS. included will be articles that express a contrary position: that intravenous drug users have voluntarily relinquished their rights by engaging in criminal behavior. Particularly controversial are the rights of drug-using mothers whose children are sometimes put into state custody. The book will also examine the conflict between criminal codes and the human right of individual freedom, emphasizing the human rights abuses that often accompany drug policy enforcement. The texts of basic treaties and accords on human rights will be included.

AIDS and the Law

AIDS and the Law
Author: Skinner-Thompson, Scott
Publisher: Wolters Kluwer
Total Pages: 1424
Release: 2015-12-18
Genre: Law
ISBN: 1454867981

AIDS and the Law provides comprehensive coverage of the complex legal issues, as well as the underlying medical and scientific issues, surrounding the HIV epidemic. Covering a broad range of legal fields from employment to health care to housing and privacy rights, this essential resource provides thorough up-to-date coverage of a rapidly changing area of law. The Fifth Edition of AIDS and the Law has been updated to include: Updates regarding medical advancements in treating and preventing HIV, including pre-exposure prophylaxis (PrEP) Analysis of the FDA's revised recommendations for blood donations from men who have sex with men Synthesized and streamlined analysis of the Americans with Disabilities Act and the ADA Amendments Act of 2008 Comprehensive discussion of housing protections for people living with HIV Updates regarding the National HIV/AIDS Strategy, including the revised Strategy released in 2015 Important developments regarding the U.S. government's treatment of HIV-positive immigrants Discussion of the Affordable Care Act's anti-discrimination provisions for people living with HIV Overview of new international and foreign protections for people living with HIV Information on navigating the many public benefit regimes potentially available to people living with HIV Detailed discussion regarding protections for prisoners living with HIV, including new case law forbidding segregation

Implementation Handbook for the Convention on the Rights of the Child

Implementation Handbook for the Convention on the Rights of the Child
Author: Rachel Hodgkin
Publisher: United Nations Publications
Total Pages: 787
Release: 2007
Genre: Law
ISBN: 9789280641837

"The Handbook aims to be a practical tool for implementation, explaining and illustrating the implications of each article of the Convention on the Rights of the Child and of the two Optional Protocols adopted in 2000 as well as their interconnections."--P. xvii.

AIDS and the Law, 6th Edition

AIDS and the Law, 6th Edition
Author: Skinner-Thompson, Scott
Publisher: Wolters Kluwer
Total Pages: 1370
Release: 2019-12-17
Genre: Law
ISBN: 1543816428

AIDS and the Law, Sixth Edition AIDS and the Law provides comprehensive coverage of the complex legal issues, as well as the underlying medical and scientific issues, surrounding the HIV epidemic. Covering a broad range of legal fields from employment to health care to housing and privacy rights, this essential resource provides thorough up-to-date coverage of a rapidly changing area of law. AIDS and the Law brings you up-to-date on the latest developments, including: Updates regarding additional consensus that Undetectable = Untransmittable (Chapter 2) Overview of continuing efforts to chip away at the Affordable Care Act (Chapter 2) Discussion regarding states now imposing work requirements for Medicaid (Chapter 9) Analysis of the Trump Administration's many changes to immigration policy, including policing of immigrants seeking public benefits (Chapter 11)Overview of the Department of Justice's decision regarding whether domestic violence can serve as the basis for asylum (Chapter 11) Updates on new Supreme Court precedent regarding exhaustion of administrative remedies under the Prison Litigation Reform Act (Chapter 14) New case law pertaining to the impact of HIV in the family law context (Chapter 13)

Legal Aspects of HIV/AIDS

Legal Aspects of HIV/AIDS
Author:
Publisher: World Bank Publications
Total Pages: 250
Release: 2007
Genre: Law
ISBN: 0821371061

This is an invaluable resource for lawyers, policy makers, and other practitioners with an interest in countries' responses to HIV/AIDS. Legal Aspects of HIV/AIDS: A Guide for Policy and Law Reform covers 65 wide-ranging topics in a concise, accessible format, explaining how laws and regulations can either underpin or undermine public health programs and responsible personal behavior. For each topic, the Guide summarizes the key legal or policy issues, provides relevant "practice examples" (citing actual laws and regulations), and offers a selective list of references that may be consulted for more information. Laws relating to many areas of our lives - from intimate physical conduct to international travel - can contribute to stigma, discrimination, and exclusion or, contrariwise, can help remedy these inequities. In order to create a supportive legal framework for responding to HIV/AIDS, it is important that governments effectively address gaps and other problematic aspects in their legislation and regulatory systems. This book, written by a team of leading legal experts, helps them do so.

Tigers without Teeth

Tigers without Teeth
Author: Scott Wilson
Publisher: Rowman & Littlefield
Total Pages: 277
Release: 2015-03-19
Genre: Political Science
ISBN: 1442236175

This compelling book analyzes the rise of civil society and legal contentiousness in contemporary China. Scott Wilson examines how Chinese AIDS carriers and pollution victims, relying on weak laws and judicial institutions, pursue justice and protection of their rights in Chinese courts and civil society. In exploring the “politics of justice” in China, the author contends that civil society and legal rights advance when their organizers have support from pockets of the Chinese Communist Party, resources from international groups, and the backing of protesters. Even lawsuits that fail in the courts can raise societal consciousness of social issues and can lead to revised state policies to address the substantive claims of disadvantaged citizens. Underlying the politics of justice is the regime’s attempt to balance commitments to legal development and its interest in regime stability. Wilson argues that the Chinese state has looked more favorably upon pollution victims’ civil-society organizations and lawsuits than those of AIDS carriers. Going beyond the standard overviews of China’s legal system, Tigers without Teeth is unique in its close comparison of legal activism on two sensitive and politically relevant social issues. It provides important insights into the development of civil society, as well as highlighting limitations to the pursuit of justice as the system balances between the development of rule of law and regime stability.

HIV-related Stigma, Discrimination and Human Rights Violations

HIV-related Stigma, Discrimination and Human Rights Violations
Author: Joint United Nations Programme on HIV/AIDS.
Publisher: World Health Organization
Total Pages: 75
Release: 2005-01-01
Genre: Medical
ISBN: 9789291733446

HIV-related stigma and discrimination and human rights violations constitute great barriers to preventing HIV infection; providing care, support and treatment; and alleviating the impacts of the epidemic. This publication documents case studies of successful action in different countries addressing HIV-related human rights violations, stigma and discrimination.

The AIDS Pandemic

The AIDS Pandemic
Author: Lawrence O. Gostin
Publisher: Univ of North Carolina Press
Total Pages: 492
Release: 2005-11-16
Genre: Health & Fitness
ISBN: 080787583X

In this collection of essays, Lawrence O. Gostin, an internationally recognized scholar of AIDS law and policy, confronts the most pressing and controversial issues surrounding AIDS in America and around the world. He shows how HIV/AIDS affects the entire population--infected and uninfected--by influencing our social norms, our economy, and our country's role as a world leader. Now in the third decade of this pandemic, the nation and the world still fail to respond to the needs of persons living with HIV/AIDS and continue to tolerate injustice in their treatment, Gostin argues. AIDS, both in the United States and globally, deeply affects poor and marginalized populations, and many U.S. policies are based on conservative moral values rather than public health and social justice concerns. Gostin tackles the hard social, legal, political, and ethical issues of the HIV/AIDS pandemic: privacy and discrimination, travel and immigration, clinical trials and drug pricing, exclusion of HIV-infected health care workers, testing and treatment of pregnant women and infants, and needle-exchange programs. This book provides an inside account of AIDS policy debates together with incisive commentary. It is indispensable reading for advocates, scholars, health professionals, lawyers, and the concerned public.