HIV/AIDS - Bill of Health

United States Capitol Building - Washington, DC.

How Comparative Law Can Counter Threats to the ‘Most Successful Global Health Program in Modern History’

September 29, 2023September 29, 2023 Joelle Boxer 2 Comments

By Joelle Boxer

PEPFAR, the President’s Emergency Plan for AIDS Relief, is under threat. Some members of Congress are withholding reauthorization support while arguing, without evidence, that PEPFAR funds abortion.

This is untrue: U.S. law prohibits PEPFAR from funding abortion. That alone should resolve the current impasse and secure the program’s reauthorization. Should bad faith opponents require further reassurance, however, they need look no further than the local legal realities of the 25 countries and 3 regions where PEPFAR operates.

Blood donor at donation with bouncy ball holding in hand.

Lift the Blood Ban, But Don’t Penalize PrEP Users

June 1, 2023June 1, 2023 The Petrie-Flom Center Staff Leave a comment

By Doron Dorfman

On May 11, the U.S. Food and Drug Administration (FDA) announced that it is lifting its highly contested blood deferral policy for men who have sex with men (MSM, i.e., gay and bisexual men), colloquially known as the blood ban.

While this decision should be applauded as a step toward equality, the policy remains flawed and needlessly stigmatizing, as it excludes potential donors who use pre-exposure prophylaxis (PrEP), an antiviral regimen that prevents HIV infection from sex.

Washington DC, USA - FEBRUARY 10 2021: President Joe Biden delivers remarks to Department of Defense personnel, with Vice President Kamala Harris and Secretary of Defense Lloyd J. Austin III.

4 Years into the COVID-19 Pandemic: Where We Stand

March 27, 2023March 27, 2023 Jennifer S. Bard Leave a comment

By Jennifer S. Bard

The White House is preparing to shut down their COVID Task Force this May, in conjunction with ending the public health emergency — the latest in a series of astounding and shortsighted decisions that put individual Americans at as great a risk from serious harm as a result of catching COVID-19 as at any stage in the pandemic.

By declaring the pandemic over by fiat, the government is giving up the fight when they should be redoubling their efforts. Not only is COVID still very much with us, but all existing methods of preventing infection have either been severely weakened by the virus’ mutations, or simply abandoned. Additionally, more is known of the harm COVID causes past the initial infection.

There is nothing vague or subtle about the “end” of a disease outbreak. Either cases actually disappear, as with seasonal influenza, or they are dramatically reduced through a vaccine that prevents further transmission, as happened with measles and polio. Neither event has happened here. Instead, like HIV, which continues to be an ongoing public health emergency, the virus continues to infect and mutate.

Multiethnic women in colorful casual clothes discussing in the group meeting.

Rebuilding Trust in Public Health and Public Health Law

February 15, 2023February 13, 2023 The Petrie-Flom Center Staff Leave a comment

By Leslie E. Wolf

With our recent (and continuing) experience of the devastating COVID-19 global pandemic, one might think that our collective appreciation for public health efforts and the people advancing those efforts would be high. Instead, public health officials have been vilified and attacked, and public health laws have been weakened, leaving us vulnerable to the next public health emergency.

So, how do we move forward? An essential first step is to refocus on the “public” in public health. Public health efforts and public health law depend on community support.

Bill of Health - Gavel on mask during pandemic, class action lawsuits during pandemic

Relying on the Unreliable? COVID-19 Claims Can’t Proceed Without a Proper Standard of Care

October 19, 2022October 19, 2022 The Petrie-Flom Center Staff Leave a comment

By Michelle Richards

In the United States, the imposition of tort liability for the transmission of an infectious disease goes back more than a century. It is no surprise, therefore, that similar claims have been filed for damages arising from the transmission of the COVID-19 virus.

However, in order for these claims to be adjudicated fairly, they must be judged against a standard of care. A standard of care provides a benchmark for the level of caution a reasonable party would take in particular circumstances. If the standard of care is not met, liability may be imposed.

Technician holding tube of blood for testing in the research laboratory.

Fighting Diagnostic Discrimination and Stigma in Monkeypox

October 6, 2022October 5, 2022 Katie Gu Leave a comment

By Katie Gu

History recently repeated itself when technicians from two major laboratories refused to accept blood samples from patients testing for monkeypox.

This August, the U.S. saw the largest increase in monkeypox cases in the world. In the midst of a nearly 80% increase in U.S. cases, phlebotomists from Labcorp and Quest Diagnostics reportedly turned away potential monkeypox samples. Such refusals dangerously parallel instances of diagnostic discrimination against HIV/AIDS patients in the 1980s and 1990s.

Within both eras, such actions have fueled stigma, propagated misinformation, and encouraged scapegoating in the middle of public health crises.

Austin, Tx/USA - May 23, 2020: Family members of prisoners held in the state prison system demonstrate at the Governor's Mansion for their release on parole due to the danger of Covid-19 in prisons.

Federal Failures to Protect Incarcerated People During Public Health Crises

September 30, 2022September 30, 2022 The Petrie-Flom Center Staff Leave a comment

By Rachel Kincaid

As the COVID-19 pandemic persists, and as we face the reality that future pandemics are coming (or have already begun), it’s a fitting time for the United States to take stock of how the carceral system has exacerbated the harms of COVID-19, and for policymakers to seriously consider what can and should be done differently going forward.

Asbury Park, NJ - January 21, 2017: "My Body My Choice" sign at Women's March and worldwide protest.

The Only Moral Abortion is…

July 21, 2022July 21, 2022 Carmel Shachar Leave a comment

By Carmel Shachar

Since June 24, 2022, I have spent a lot of time thinking through the post-Roe legal and ethical landscape, both publicly and privately. Very often, the discussion is centered about the impact that Dobbs v. Jackson Women’s Health Organization will have on patients whose health or lives are threatened by their pregnancies — such as people with ectopic pregnancies, missed miscarriages with a high risk of sepsis, and preeclampsia — and the physicians who care for them.

These cases are, no doubt, important. But I am writing this piece to provide a counterpoint to this public discussion: abortion should be safe, legal, and accessible not only when the patient’s life or health is in danger. When we focus on the “blameless” abortions, such as the underage victims of incest, or the woman who wanted to be a mother but found out she has cancer that needs to be treated, we cede ground on this issue, by playing into the notion (whether knowingly or not) that some abortions are more justified or acceptable than others.

Concept: An ounce of prevention is worth a pound of cure.

The Paradoxical Legal Treatment of Preventive Medicine

November 2, 2021November 2, 2021 The Petrie-Flom Center Staff Leave a comment

By Doron Dorfman

Preventive medicine is a tool used by individual patients, primary care physicians, and governmental agencies to preempt illnesses rather than to treat them after they have arisen. Despite this salubrious aim, stigma, shame, and fear often are attached to the use of preventative care.

The stigma around preventive medicine can arise from the tendency to view such measures as a proxy for risky or otherwise socially marginalized behavior or lifestyle. Why would someone use a preventative measure if they are not at high risk as a consequence of their own choices?

Consider, for example, what I call “sexually charged” preventative health measures like the human papillomavirus vaccine or Pre-Exposure Prophylaxis (PrEP). PrEP is a highly effective daily drug regimen that prevents HIV infection, which has become specifically popular with gay and bisexual men.

As I discuss in a forthcoming paper, PrEP has been viewed by policymakers and health care professionals as a “license for promiscuity” due to the fear of risk compensation, meaning the adjustment of risky behavior by those who take PrEP to potentially have sex with more partners and with no condoms. Such views are reflected in Kelley v. Becerra, a case pending before the U.S. District Court of the Northern District of Texas, where plaintiffs wish to purchase insurance that excludes coverage for PrEP and contraception, to which they object to on religious and moral grounds.

Whose Global Health Security?

September 22, 2021September 21, 2021 The Petrie-Flom Center Staff Leave a comment

By Aeyal Gross

The current discussion within the World Health Organization (WHO) of a “pandemic treaty” aims at better solutions to “health emergencies.”

But, if this focus on “emergencies” comes at the expense of chronic and underlying issues, including the overall status of health systems, we risk replicating, with this legal instrument, the colonial legacy of international health supposedly left behind with the shift to “global health.” This points to the urgent need to rethink what is considered a “crisis” or an “emergency,” as part of the effort to “decolonize global health,” including global health law (GHL).

Category: HIV/AIDS