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Developing policies on HIV/AIDS and pregnancy that respect law, ethics and human rights.

Stoltz L, Shap L, Jurgens R; International Conference on AIDS.

Int Conf AIDS. 1998; 12: 958 (abstract no. 473/44101).

Canadian HIV/AIDS Legal Network, Mortreal, QC, Canada.

ISSUE: For many years, legislators and policy-makers have been debating how to offer HIV counselling and testing to pregnant women. Four main options have been considered: (1) HIV counselling and testing only in the presence of risk factors or on request; (2) routine HIV counselling and voluntary testing of all pregnant women; (3) routine testing of all pregnant women, with a possibility to opt-out; and (4) mandatory HIV counselling and testing of all pregnant women. Recent and emerging results demonstrating the effectiveness of ante- and post-natal use of antiretrovirals and combination therapies to minimize the risk of perinatal HIV transmission has created significant pressure to ensure that all pregnant women are tested for HIV. There is a serious risk that the basic rights of pregnant women will be swept aside in the rush to respond to these innovative therapies. PROJECT: (1) The legal, ethical, and human rights raised by HIV testing of pregnant women, in Canada and internationally, have been researched and analyzed; (2) a short review of the issues has been included in a discussion paper on HIV testing and confidentiality; (3) an in-depth analysis of the issues has been undertaken in a paper on HIV and pregnancy; (4) comments on both papers have been solicited; (5) a final report has been published. RESULTS: An approach to testing of pregnant women is suggested that meets the challenge of ensuring that all HIV-positive women who desire to continue a pregnancy are offered effective means to reduce the risk of HIV transmission to their babies while respecting the rights of all pregnant women to decide for themselves whether to be tested for HIV. Policies should be developed to: (1) ensure all pregnant women are offered the opportunity to undergo informed and voluntary HIV testing during pregnancy; (2) avoid coercive measures such as routine or mandatory testing of pregnant women, which involve an undue interference with the autonomy rights of pregnant women, and cannot be justified as a matter of law or medical necessity.

Publication Types:
  • Meeting Abstracts
Keywords:
  • Acquired Immunodeficiency Syndrome
  • Canada
  • Counseling
  • Female
  • HIV Infections
  • HIV Seropositivity
  • Human Rights
  • Humans
  • Infant
  • Legislation
  • Mandatory Testing
  • Mass Screening
  • Pregnancy
  • Pregnancy Complications, Infectious
  • Public Policy
  • Risk Factors
  • ethics
  • legislation & jurisprudence
Other ID:
  • 98406833
UI: 102231734

From Meeting Abstracts




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