While Ignorance May Not Be Bliss, It Is a Mother's Right: Constitutional Implications of Testing Newborn Babies for HIV

Authors

Julie D. Levinson, Benjamin N. Cardozo School of Law

Abstract

The article examines the constitutional implications of mandatory HIV testing for newborns, arguing that such policies infringe upon women's rights under the Fourteenth Amendment. It critiques two proposed bills for being overly intrusive and not narrowly tailored, advocating instead for voluntary testing and counseling to balance public health with individual rights.

Disciplines

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

Recommended Citation

Julie D. Levinson, While Ignorance May Not Be Bliss, It Is a Mother's Right: Constitutional Implications of Testing Newborn Babies for HIV, 3 Cardozo J. Equal Rts. & Soc. Just. 71 (1996).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol3/iss1/8