The Synergistic Interaction Between Communicable Disease, Law and Unmet Legal Needs in Australia
David Carter1, Anthea Vogl2, University Of New South Wales Kensington2, Ultimo NSW 1University Of New South Wales, Kensington, NSW, Australia2University of Technology Sydney, Ultimo, NSW, Australia
Abstract
The law and an enabling legal environment has long been recognised as an ‘essential foundation for success’ in Australia’s response to HIV, having been referenced in each of the National HIV Strategies since the first in 1989. Despite this recognition, the last comprehensive review of the legal environment around HIV was undertaken in 1992. Since that time, the legal, biomedical and epidemiological landscape has changed significantly, and little legal research has examined the lived experience of navigating the law for people living with HIV.
In response, this paper presents the first findings of a study on the legal needs of those living with HIV in Australia. Given their particular vulnerability, we focus upon the legal needs and experiences of those living with HIV who also seek to migrate to Australia. Reporting on the results of our qualitative study (n=25 in-depth interviews) of people living with HIV who have migrated to Australia, we describe the justiciable issues facing this group, their associated legal needs and experience accessing justice. We describe how the interaction between communicable disease, migration, and the law including and beyond migration-related legal issues generate unjust and health-harming results for both individual and population health, as well as access to justice.
Biography
David J. Carter is a Scientia Associate Professor based in the Faculty of Law & Justice at UNSW. He is an Australian lawyer and researcher in the field of medical and health law, applying his legal expertise and research to understand law as a factor in the cause, distribution and prevention of disease and injury while advancing the fair treatment of those living with communicable disease. He leads the Health+Law Research Partnership which aims to improve access to justice and quality of life for those living with Hepatitis B or HIV in Australia by removing legal barriers to testing and treatment.