When a nation is faced with a deadly epidemic does the country have the right to suspend individual’s rights in order to better protect the welfare of the community? This debate has emerged across the U.S.; many have implemented quarantines with regards to h1n1 virus and other contagious, potentially deadly diseases. This includes but is not limited to isolating individuals infected, closing schools, and shutting down public transportation systems. Others are considering enacting new and controversial rules. “Since the outbreak of the new flu strain, Massachusetts legislators have sought to pass a law that would allow officials to detain or quarantine someone even when there is uncertainty over the person's exposure to contagious disease. Other states have adopted similar laws in recent years” (Efarti 1). These laws can give states the right to contain persons, violating individual rights for the betterment of society.
With the government having the ability to quarantine patients infected with potentially harmful diseases on questions the rights the individual has. Can the country detain HIV victims so that the disease will be eliminated? Should the county detain these infected persons for the safety of the community? This issue is constantly debated; by presenting community safety and personal rights in America one can better understand societal nature.
Living with HIV is a constant battle, with the disease, self, others, and government. If one contrasts HIV there are legal ramifications one must abide too. Each state is different, this paper will explain the laws of, ‘Wisconsin’ and any legal obligations a person with HIV/AIDS must follow. Once getting an HIV test whether one gets a confidential or anonymous test, know that...
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...p://www.hsolc.org/policies/childcare/communicable-disease-protocol>.
2) Efarti, Amir. "Public Safety v. Civil Liberties: Health Crisis Leads to New Case." TheWallStreetJournal.com. 7 May 2009. Web. 15 Feb. 2011. .
3) Gallant, Joel E. 100 Questions & Answers about HIV and AIDS. Sudbury, MA: Jones and Bartlett, 2009. Print.
4) "PHILA.GOV | Welcome to the City of Philadelphia." Internet Archive: Wayback Machine. Web. 01 Nov. 2011. .
5) "STD Lawsuits « Sexually Transmitted Diseases (STDs), Herpes, HIV Lawsuit." Sexually Transmitted Diseases (STDs), Herpes, HIV Lawsuit. Web. 01 Nov. 2011. .
6) Wisconsin State Law., art. 252, sec. 1-400. Print.
There is a clear case for urgent reform of the law as it relates to prisoners right’s to ensure meaningful HIV/AIDS prevention and care strategies for both the prison and general populations.
As the Declaration of Independence states, everyone should be able to uphold the rights of “the enjoyment of life and liberty…and pursuing and obtaining happiness and safety” (“Declaration of Independence”). A well organized government can ensure these rights.
...easures. In 1990 HIV-infected people were included in the Americans with Disabilities Act, making discrimination against people with AIDS for jobs, housing, and other social benefits illegal. Additionally, the Ryan White Comprehensive AIDS Resources Emergency Act established a community-funding program designed to assist in the daily lives of people living with AIDS. This congressional act was named in memory of a young man who contracted HIV through blood products and became a public figure for his courage in fighting the disease and community prejudice. The act is still in place, although continued funding for such social programs is threatened by opposition in the U.S. Congress.
The stigmatization and discrimination that goes hand and hand with a positive diagnosis of HIV/AIDS is overwhelming. FreeDictonary.com defines discrimination as the “treatment or consideration based on class or category rather than individual merit; partiality or prejudice.” In essence, discrimination is about actions and stigma relates to beliefs and attitudes. Both however are built up on negative views of a person just because they are apart of a specific group. All over the world, there are well-documented cases of people living with HIV that are being denied the right to health- care, work, education, and freedom of movement, among others. (UNAIDS 2005) This stigma and discrimination exist globally, although it appears differently...
(Allen et al., 2000) The Acquired Immune Deficiency Syndrome (AIDS) is a clinical situation that requires the ethical principle Justice to be implemented. AIDS can be transmitted by sexual activity, intravenous (IV) drug use, and passed from mother to child. Due to the judgments and fears from the general population and some healthcare professionals, patients who have this disease may find themselves suffering from discrimination in many ways of their lives. This discrimination comes from the stigma placed by the factors in which AIDS is mainly spread. These factors are poverty, homelessness, illiteracy, prostitution, human-trafficking, which create the labels like the “drug user” or “homosexual”.
One of the longest lasting debates in the United States is the struggle to balance freedom and safety. Throughout history there have been instances were freedoms have been suspended- whether for the better or worse- because the United States was in a time of crisis. The Quasi War against the French, the Civil War, and the First World War were events where presidents found themselves under fire because of their controversial suspension of certain constitutional rights. Should certain freedoms be curtailed in times of crisis? This debate has always been so controversial because there has never been a majority one way or another. There have always been people for suspending freedoms to preserve safety and at the same time there have always been people that have believed that freedom is ultimately more important than safety.
Spink, Gemma. "AIDS." AVERTing HIV and AIDS. 23 Dec 2009. Web. 11 Jan 2010. .
Children with AIDS were prevented from going to school; infected adults lost their jobs, their families, and were shunned by a fearful society. Available testing for AIDS was underutilized by the gay population for fear of further social consequences. The government was finally forced to take action through media channels to manage the global threat to all people that AIDS not presented. Out of necessity to manage the virus and provide reassurance to those infected the government implemented privacy laws that protected the individuals who tested positive for the AIDS.
Move on to the next page. Philadelphia:, 1985. Web.https://blackboard.temple.edu/@/422FCFDF9D173AE334AA39A044880A1B/courses/1/87201345045/content/_3541667_1/move_2_bernard_small_typescript.pdf>. Small, Bernard. A. City of Philadelphia.
This paper will examine the first amendment’s right to free speech based on three different Supreme Court cases and how there are varying examples of free speech. In the case of Snyder v. Phelps, Snyder sued Phelps, the Westboro Baptist Church, for intentional infliction of emotional distress, invasion of privacy by intrusion upon seclusion, and conspiracy because the church set-up protest outside of his military son’s funeral service (Chen et al., 2010). Another side of free speech involves a case which allow schools to restrict speech that is promoting illegal drug use. To examine this view this paper will look at the case of Morse v. Frederick. Lastly, this paper will look into the case of Texas v. Johnson. At the end of a protesting march Johnson burned an American flag. The research for this paper will allow the reader to examine some of the different ways that free speech can be expressed, to what extent it may or may not be expressed and possibly where free speech may or may not be prohibited.
AIDS is a deadly disease that affects people world wide. AIDS is a disease that brings about many social consequences. Many of these consequences result in physical, emotional, and economic problems. AIDS compromises the immune system of the human body, making a person susceptible to many different illnesses and infections. Among these are: unexplained fatigue and weight loss, night sweats and flu-like feelings. These infirmities can interfere with a person’s daily physical tasks. For example, taking a shower, eating, working, excersing, caring for a child, and cooking. Being unable to perform these tasks makes an n individuals life extremely difficult. Individuals with AIDS also experience a number of emotional problems because of the social stigmas attached to AIDS. For instance, a person having to be scared to let others know he or she is infected, and being unable to engage in intimate relations without infecting others. Further emotional problems can be caused with the continuous worry of death, which can inhibit a person’s normal functioning .People who have these issues develop a great deal of emotional problems because one feels that they do not fit into society. AIDS is not only a disease that affects an individual, but it also affects the larger society . This is so because of the financial needs to help fund programs and organizations to help stop the spread of AIDS and help those who suffer from AIDS. Although, the money goes towards helping AIDS victims it is costly for tax payers, when it can go towards helping people and developing educational programs within their communities. Why should the population pay for the bill for the consequences of others? As one can see, AIDS doesn’t only bring about consequences that indirectly affect individuals, but it also brings about consequences for society as well.
According to Pennsylvania law, “Disclosure of HIV status is a defense against persecution for sero-discordant sexual activity under the Reckless Endangerment statute” (AIDS Law Project of Pennsylvania, 2012, p. 2).... ... middle of paper ... ... In P. Beemsterboer, Ethics and Law in Dental Hygiene (pp. 1).
Various articles examining the ethical and legal issues surrounding the disclosure of HIV status prior to sexual relationships make evident that the disadvantages of disclosure outweigh the benefits, making clear that disclosure is unnecessary.
In 2010, 1.5% of state prison inmates were known to have HIV or acquired immunodeficiency syndrome (AIDS), it was estimated that four times the prevalence in the general population (Belenko, Dembo, Copenhaven, Swan, Albizu Garcia, & Pankow, 2016). Most of the correctional facilities do not adhere to the CDC for HIV testing, prevention, or treatment, it is critical that facilities establish and maintain privacy and confidentiality for inmates (Belenko, Dembo, Copenhaven, Swan, Albizu Garcia, & Pankow,
Dr. Fauci, a respected immunologist and director of the National Institute of Allergy and Infectious Diseases, appeared on multiple news outlets to voice his concerns about the mandatory Ebola quarantine. Dr. Fauci said that he was “concerned of the disincentive for the health care workers”. He warned that caution should be made when implementing policies, so as not to have unintended consequences and not group everyone in the same category—in this case, labeling all returning health care workers as a threat to the community. Dr. Fauci agues that this “blanket quarantine” applied to all health care workers is consequential, and that there are better ways of monitoring them that are more dignified, such as passive or active monitoring depending on the viral load that is present in the bodily fluids of the individual. In his conclusion, Dr. Fauci stresses the importance of educating the American people about the Ebola virus disease. While an epidemic of Ebola is waging in Africa, an epidemic of fear is emerging in the United States, and it is this fear that underlines many of the policy decisions regarding processing of those coming from Ebola-stricken