Published In

Texas Journal of Women and the Law

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AIDS (Disease); Gender analysis; HIV infection; Women


This Article explores the utility of applying a gender-based analysis to the problems associated with HIV infection and its legal regulation. Part I explains the theories justifying the use of gender in analyzing legal rules, thus providing the rationale for the application of a gender-based analysis in the remaining parts of this piece. Part II analyzes the effect of "gender-neutral" policies on women with HIV infection who have sought treatment or access to clinical research trials or protocols. In Part III, the same mode of analysis is applied to some of the seldom-discussed problems associated with criminal and civil tort regulation of HIV transmission. In Part IV, I conclude that a gender-based analysis is a useful tool for understanding and critiquing several aspects of the legal system's response to HIV infection. The author also concludes, however, that a gender analysis alone is inadequate to determine appropriate criminal or tort policies toward HIV transmission.