Expedited HIV Testing: An Unnecessary Test that is Allowing the State to Trample on a Woman's Constitutional Rights

Authors

Sheree Gootzeit, Benjamin N. Cardozo School of Law

Abstract

The note argues that New York's expedited HIV testing for pregnant women is unconstitutional, ineffective, and invasive, violating Fourth Amendment rights and offering no significant benefits over existing laws. It asserts that the testing infringes on privacy, bodily integrity, and informed consent, while alternative methods like urine testing could achieve the same goals without such violations. The analysis emphasizes the need to protect women's rights during vulnerable periods while maintaining public health standards.

Disciplines

Constitutional Law | Law | Law and Gender | Medical Jurisprudence

Recommended Citation

Sheree Gootzeit, Expedited HIV Testing: An Unnecessary Test that is Allowing the State to Trample on a Woman's Constitutional Rights, 7 Cardozo J. Equal Rts. & Soc. Just. 187 (2001).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol7/iss2/4