Why Mandatory HIV Testing of Pregnant Women and Newborns Must Fail: A Legal, Historical, and Public Policy Analysis

Authors

Elizabeth B. Cooper, Fordham University School of Law

Abstract

The article argues that mandatory HIV testing of pregnant women and newborns is a misguided policy that fails to address the complex medical, social, and legal issues surrounding HIV/AIDS in women. It contends that such policies violate constitutional rights, disproportionately affect marginalized communities, and are unsupported by medical evidence. The analysis emphasizes the importance of voluntary testing linked to care and services, as well as the need to address systemic inequities in healthcare delivery.

Disciplines

Criminal Law | Criminal Procedure | Law | Law and Gender

Recommended Citation

Elizabeth B. Cooper, Why Mandatory HIV Testing of Pregnant Women and Newborns Must Fail: A Legal, Historical, and Public Policy Analysis, 3 Cardozo J. Equal Rts. & Soc. Just. 13 (1996).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol3/iss1/4