Cardozo Journal of International and Comparative Law
Abstract
There has been a recent increase in legislative and regulatory frameworks to govern HIV in Africa. This includes rules on when and how a health practitioner may disclose the HIV status of a patient to a spouse or sexual partner. In balancing the right to privacy against a doctor's duty of care, two international model laws have emerged, and have been wholly or partially copied by a number of African countries. This paper questions the usefulness of such model laws as legal transplants in national legislatures through an analysis of the regulations developed in thirty-eight African countries.
Disciplines
Health Law and Policy | Human Rights Law | Law | Legislation | Medical Jurisprudence | Torts
Recommended Citation
Maya Berinzon,
Copy and Paste: Transplanting International HIV/AIDS Model Laws into African Countries,
23
Cardozo J. Int'l & Comp. L.
295
(2015).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol23/iss2/3
Included in
Health Law and Policy Commons, Human Rights Law Commons, Legislation Commons, Medical Jurisprudence Commons, Torts Commons