obtaining medical rights

Reobtaining or obtaining medical rights for children Zita Lazzarini & Lori Rosales wrote an insightful, well researched article for the Yale Journal of Law, etc.

http://digitalcommons.law.yale.edu/yjhple/vol3/iss1/3 [http://digitalcommons.law.yale.edu/yjhple/vol3/iss1/3]

> While they do spend a fair amount of time delving into reasons why ART advice should be heeded, they also deal quite extensively about recent successful cases where pregnant HIV+ women/new mothers have been able to refuse ART/drugs for themselves & newborns. The take home msg appears, as a women’s reproductive & health issue, State-forced ART treatment (maybe vaccinations) violates basic women’s/mother choice & ability to make medical decisions for themselves & infants.

I don’t know much about HIV law & treatment consent, but the article contains several state-specific cases; so it seems more likely that showing similarities to certain cases as a way to obtain medical custody. If a legal team can pivot the ART or likely _any medical_ issue from public health/public risk to one focused on the “violating basic human/woman’s/mother rights” and ‘informed consent’, the establishment would cave in fairly quickly & you’d be free (or more free) to make your own informed medical choices.

Thus, judges (publicly elected, right?) lean towards case dismissal & more unilateral, independent medical choices for plaintiffs likely.


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