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Journal of Zhejiang University SCIENCE B

ISSN 1673-1581(Print), 1862-1783(Online), Monthly

Dilemma of concepts and strategies for the prevention of spread of HIV in relation to human behavior, law and human rights

Abstract: The new prevalence data regarding the estimated global number of human immunodeficiency virus positive (HIV+) cases, i.e., including people who are either aware or unaware of their HIV infection in 2010, lead many to wonder why the increase in incidence has reached today’s unprecedented level and escalated within such a short time. This, in spite of prevention campaigns in countries affected by HIV/acquired immune deficiency syndrome (AIDS) with their urgent messages aimed at preventing HIV transmission by promoting changes in individual’s behavior. This article analyzes the background of the prevention strategies, in particular their political, social and legal concepts in terms of human rights, and reveals traits of human behavior not considered thus far. A radical reappraisal is necessary, at social and legislative levels, as well as options additional to current concepts. When ethical issues come up, they become blamed for outmoded moralistic positions. However, ignoring the reality has led to dire consequences from prioritizing individual human rights over society’s collective need to prevent the spread of HIV.

Key words: HIV, Prevention, Human rights, Fundamental rights, Jurisdiction, Decriminalization


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Open peer comments: Debate/Discuss/Question/Opinion

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Ruth Dixon-Mueller@consultant<dixonmueller@yahoo.com>

2011-07-20 00:24:46

This is an excellent article comprehensive and well argued. On the ethical obligations of HIV+ persons to inform their partners see Ruth Dixon-Mueller "The sexual ethics of HIV testing and the rights and responsibilities of partners" Studies in Family Planning 2007;38(4:284-296 and a short version Ruth Dixon-Mueller and Adrienne Germain "HIV testing: the mutual rights and responsibilities of partners" The Lancet Dec. 1 2007;370:1808-1809. These papers argue that the right to confidentiality or privacy of HIV+ persons should not trump the needs and rights of their partners to know of the risks and to protect their own health.

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DOI:

10.1631/jzus.B1000434

CLC number:

R-052; R512.91

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On-line Access:

2024-08-27

Received:

2023-10-17

Revision Accepted:

2024-05-08

Crosschecked:

2011-04-12

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