Pregnant women and the testing for HIV-infection, can the practice of coercive testing be supported by public health concerns when weighed against the privacy interests of those tested : experience of Canada, Russian Federation and the United States

grantor: University of TorontoDetermining the right balance between public health interests and personal liberties is an extremely complicated call for any government in the world. Despite the twenty years of HIV/AIDS existence, this balance is not yet found. The issue strongly emerges especially with regard to women for two main reasons: state's interest in public health and human life and rights of women. The conflict becomes even more distinct with the availability of the new treatment, that is said to normalize HIV and turn it into "just another disease". This thesis re-affirms the necessity of the unique treatment of the disease and takes on an approach known as "HIV/AIDS" exceptionalism. It looks into arguments for and against coercive testing of pregnant women for HIV, weighing each of them against possible public health outcomes and burdens on women's rights. The thesis concludes that the policies of mandatory testing of women are undesirable as they would further discriminate against women and deter them from treatment.LL.M