Document Type

Article

Disciplines

International Law

Abstract

How should the legal systems of those countries hardest hit by HIV respond to the epidemic, given the enormous challenges these developing nations already face? This Comment attempts to address this complicated question by surveying and analyzing current legislative responses to HIV/AIDS by African nations. To provide the necessary context, Part I briefly describes HIV disease, its modes of transmission, and the various patterns of HIV infection around the world including an examination of conditions in Africa believed to facilitate the spread of the virus in that region. Part II provides the legal context by surveying African legislative responses and proposed responses to HIV disease. Part III argues that these countries should avoid responses that are likely to aggravate rather than ameliorate the situation, such as attempts to regulate sexual behavior. This section also notes that combatting HIV/AIDS will require addressing basic human rights issues, such as the status of women. Finally, the Comment argues that African nations must continue educational campaigns, making extra effort to reach individuals at high risk such as commercial sex workers, and that industrialized nations should provide financial support for this effort.

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