An Introduction to “Mandatory HIV Screening of Newborns: A Child’s Welfare in Conflict With Its Mother’s Constitutional Rights?” - False Dichotomies Make Bad Law.

Baldacci, Paris R.

Journal: Cardozo Journal of Equal Rights & Social Justice

Volume: 3

First Page: 1

Year: 1996

Bluebook Citation: 3 CARDOZO J. EQUAL RTS. & SOC. JUST. 1 (1996)

Author: Paris R. Baldacci: all 6 publications


Abstract

The article examines the contentious issue of mandatory HIV screening of newborns, highlighting the false dichotomy often presented in the debate between the welfare of the child and the constitutional rights of the mother. It argues that this dichotomy oversimplifies the complex legal, medical, and ethical considerations involved, leading to ineffective public policy. The article emphasizes the need for a more holistic approach that balances medical interventions with respect for individual rights and addresses the broader societal and structural factors affecting HIV-infected mothers and their children.

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