An Introduction to “Mandatory HIV Screening of Newborns: A Child’s Welfare in Conflict With Its Mother’s Constitutional Rights?” - False Dichotomies Make Bad Law.

Authors

Paris R. Baldacci, Benjamin N. Cardozo School of Law

Abstract

The article examines the contentious issue of mandatory HIV screening of newborns, highlighting the false dichotomy often presented in the debate between the welfare of the child and the constitutional rights of the mother. It argues that this dichotomy oversimplifies the complex legal, medical, and ethical considerations involved, leading to ineffective public policy. The article emphasizes the need for a more holistic approach that balances medical interventions with respect for individual rights and addresses the broader societal and structural factors affecting HIV-infected mothers and their children.

Disciplines

Constitutional Law | Health Law and Policy | Law | Law and Gender | Medical Jurisprudence

Recommended Citation

Paris R. Baldacci, An Introduction to “Mandatory HIV Screening of Newborns: A Child’s Welfare in Conflict With Its Mother’s Constitutional Rights?” - False Dichotomies Make Bad Law., 3 Cardozo J. Equal Rts. & Soc. Just. 1 (1996).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol3/iss1/3