Public health law, human rights and HIV: a work in progress

Stevie Clayton

doi:10.1071/NB10006

RESEARCH ARTICLE

Previous Next Contents Vol 21(4)

Public health law, human rights and HIV: a work in progress

Stevie Clayton

+ Author Affiliations

- Author Affiliations

^A Former Chief Executive Officer of the AIDS Council of NSW

^B Email: stevie@thinkchange.net.au

NSW Public Health Bulletin 21(4) 97-100 https://doi.org/10.1071/NB10006
Published: 27 May 2010

Abstract

Australia has been a global leader in balancing public health law, human rights and HIV. The first National HIV/AIDS Strategy launched in 1989 set the agenda for law reform. The Intergovernmental Committee on AIDS subsequently established a legal working party with one of its key tasks to formulate public health legislation that would protect public health and human rights. The NSW Public Health Act 1991 has provided the framework for managing HIV in NSW over the subsequent decades. Recent changes to criminal law in NSW and opportunities to redefine public health law may affect how HIV transmission risks are managed in the future.

References

[1] Department of Community Services and Health. National HIV/AIDS Strategy: a policy information paper. Canberra: Australian Government Publishing Service; 1989.

[2] IGCA Legal Working Party. Final Report of the Legal Working Party of the Intergovernmental Committee on AIDS. Canberra: Department of Health, Housing and Community Services; 1992.

[3] Wilson DP, Hoare A, Regan DG, Law MG. Importance of promoting HIV testing for preventing secondary transmissions: modelling the Australian HIV epidemic among men who have sex with men. Sex Health 2009; 6: 19–33. Available from: http://www.publish.csiro.au/?act=view_file&file_id=SH08081.pdf (Cited 19 March 2010.) doi:10.1071/SH08081 Pubmed Abstract

[4] NSW Health. Policy Directive. Privacy Manual (Version 2). PD2005_593. 3 June 2005. Available from: http://www.health.nsw.gov.au/policies/pd/2005/PD2005_593.html (Cited 19 March 2010.)

[5] NSW Health. Policy Directive. HIV – Management of people with HIV infection who risk infecting others. PD2009_023. 28 April 2009. Available from: http://www.health.nsw.gov.au/policies/pd/2009/PD2009_023.html (Cited 19 March 2010.)

[6] National guidelines for the management of people with HIV who place others at risk. Endorsed by Health Ministers’ Conference. 18 April 2008. Available from: http://www.nhhrc.org.au/internet/main/publishing.nsf/Content/BF51F1922544BA6FCA2574DA007FE597/$File/hiv-at-risk.pdf (Cited 19 March 2010.)

[7] Statistics supplied by the NSW Bureau of Crime Statistics and Research. 2 March 2010.

[8] Lake R Don’t ask, don’t tell? Disclosure and HIV. HIV in Australia. HIV Australia: Legal section 2009; 6(4). Available from: http://www.afao.com.au/view_articles.asp?pxa=ve&pxs=103&pxsc=127&pxsgc=139&id=701 (Cited 19 March 2010.)

[9] Reynolds CS. Public health law in the new century. J Law Med 2003; 10(4): 435–41.
| PubMed | (Cited 18 March 2010.)

[11] Public Health and Wellbeing Act 2008 (Vic); Public Health Act 1997 (Tas); and Public Health Act 1997 (ACT).

[12] Public Health Bill 2009 (SA) and A New Public Health Act for WA 2009.

[13] Hunt P. The health and human rights movement: Progress and obstacles. J Law Med 2008; 15(5): 714–24.
| PubMed | (Cited 19 March 2010.)

[19] Godwin J. Unfinished business: reflections on Australia’s efforts to embed human rights in our HIV responses. HIV in Australia 2009; 7(1). Available from: http://www.afao.com.au/view_articles.asp?pxa=ve&pxs=103&pxsc=127&pxsgc=139&id=719 (Cited 19 March 2010.)