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Adolescents and AIDS: Legal and Ethical Questions Multiply

NCJ Number
120893
Journal
Youth Law News Volume: 8 Issue: 6 Dated: (November-December 1987) Pages: 1-6
Author(s)
A English
Date Published
1987
Length
6 pages
Annotation
Legal and ethical issues pertinent to adolescents and AIDS include testing for the HIV, consent for testing, confidentiality, access to services, and discrimination against those with the virus.
Abstract
Those opposed to testing adolescents for the AIDS virus argue that testing only reveals the presence of HIV antibodies, testing has no relevance since there is no treatment for asymptomatic infection, positive results might provoke severe mental problems in adolescents, and the identification of infection may produce stigmatization and discrimination. Almost every State has enacted laws permitting adolescents to give their own consent for diagnosis and treatment of sexually transmitted diseases or contagious diseases. Under both State and Federal law, an adolescent must be capable of giving informed consent. When an adolescent voluntarily seeks testing or testing is recommended by a professional, counseling should be available and confidentiality of testing results ensured. High-risk youth (homeless juveniles, intravenous drug users, and teens with a high number of sexual partners), HIV-infected youth, and adolescent AIDS patients may have difficulty in obtaining the specialized services they need. There are encouraging signs of efforts to prevent discrimination against AIDS-infected youth. Efforts to exclude children with AIDS from school have been successfully challenged in the courts, and some cities and States have enacted laws and ordinances that prohibit discrimination on the basis of AIDS. 37 footnotes.

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