Law, Courts and Power Dynamics in the Context of HIV/AIDS - A Case Study of Taiwan

• 발행기관: 이화여자대학교 생명의료법연구소
• 저자명: Chunyuan Lin
• 간행물 정보: 『생명윤리정책연구(Asia Pacific Journal of Health Law & Ethics)』Vol.12 No.1, 29~58쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.11.30

영문 초록

HIV/AIDS related stigma sometimes generates discrimination and social violence against people living with HIV/AIDS (PLWHA); therefore, whether the law shields them from an unreasonable invasion of their rights is a critical indication of the law’s function in rendering social justice. In Taiwan, despite the fact that the HIV/AIDS Regulatory Act has made progress in protecting the rights of PLWHA since the 1990s, discrimination remains. It is important to inquire how law evolves when social discrimination has prevailed, and whether the progress of legislation eliminates social discrimination and empowers PLWHAs in HIV-related disputes in the courts. This article explores the dynamics between social powers, law and courts, with a focus on the legal progress, court rulings, and the suffering of PLWHA in Taiwan. This article puts forward the following arguments: firstly, that the legal progress on HIV law is a product of elite-led social movement rather than a social consensus; and secondly, that courts reproduce social stigma and reinforce the social exclusion of PLWHA.

목차

Ⅰ. Introduction

Ⅱ. HIV Stigma and the Politics of Exclusion/Inclusion

Ⅲ. The History of HIV Law and Politics in Taiwan

Ⅳ. The Courts in HIV-Related Disputes

Ⅴ. Courts in Managing HIV Disputes

VI. Conclusion

키워드

HIV AIDS Taiwan courts the ‘haves’ exclusion discrimination