Medico-Legal Update
  • Year: 2014
  • Volume: 14
  • Issue: 2

Ethical & Medico-Legal Aspects of Mandatory HIV Testing: A Debate on Pros & Cons of Mandatory Prenatal & Premarital Testing" - A Literature Review

1Associate Professor, Dept. of Community Medicine, Dr SMCSI Medical College & Hospital, Trivandrum, India

2Public Health Researcher, Grande Vista, Parasuvaikal, Trivandrum, India

Online published on 19 August, 2014.

Abstract

This paper discusses about the Mandatory HIV testing that is implemented in some countries either for pregnant women as prenatal mandatory testing or premarital mandatory HIV testing.

The main objective of this paper is to discuss & debate if mandatory testing makes any difference in preventing HIV/AIDS and whether it's an effective & successful strategy. A growing number of religious communities and national and local governments have adopted mandatory premarital HIV testing (PHT) policies. A mandatory approach to testing and treatment has the potential to significantly reduce perinatal transmission of HIV and defend the view that mandatory testing is morally required if a number of conditions can be met. Mandatory PHT, however, remains controversial. The paper further discusses and debates about the pros & cons of prenatal & premarital mandatory HIV testing and further explores the medico-legal & ethical aspects linked to Mandatory testing.

Mandatory testing benefits the mother by enabling her to get help and initiate antiretroviral therapy and for the fetus by decreasing the risk of transmission. Premarital testing increases stigmatization of people living with HIV as discrimination increases nearly every aspect of life, including employment, societal and family life.

Keywords

Mandatory HIV Testing, Premarital HIV Testing (PHT), Prenatal testing, Medico-legal & Ethical, Human Rights, Counseling