Public Health Powers: The Imminence of Radical Change

Abstract

One of the most controversial public policy challenges of recent times has been crafting policy that balances the public interest and individual rights in relation to persons with HIV and AIDS. Lawrence O. Gostin explores the convergence of the traditional exercise of public-health powers, which requires persons to be treated unequally because of communicable medical conditions, and the antidiscrimination mandate of ADA, which requires reasonable accommodation as a component of equitable treatment for persons with disabilities. Gostin concludes by proposing a set of standards that could be applied in individual cases to determine whether to draw the line on the side of public interest or individual civil rights. Gostin is executive director of the American Society of Law and Medicine; adjunct associate professor of health law at Harvard University; and associate director of the Harvard University/World Health Organization International Center ofHealth Legislation. He conducted a national study for the U.S. Assistant Secretary for Health, as well as a worldwide study for the World Health Organization on AIDS law and policy. He is also co-director of the Harvard Model AIDS Legislation Project. Gostin was Legislative Counsel to the U.S. Senate Labor and Human Resources Committee, chaired by Senator Edward Kennedy, where he helped draft the Federal AIDS Policy Act. He was formerly chief executive of the National Councilfor CivilLiberties; legal director