Law

The legal and social trend in the United States in response to the growing controversy between the rights of pregnant women and the fetus has been to uphold the rights of the former. Unhealthy pregnancy such as drug use and abuse may lead to death of the fetus in the maternal womb or would adversely affect the physical and mental development of the child. In this regard, statutes are aimed at eliminating andor preventing prenatal substance dependence subjecting to criminal andor civil liabilities mothers who have showed signs of drug usedependence during the pregnancy for child abuse, manslaughter or murder, taking into account the time honored principle that life begins at the moment of conception. 

However, jurisprudence remains to favor the rights of pregnant women.  The cases filed against pregnant women charged of violations of statutes protecting rights of fetus have been decided in their favor, except in the case of Whitner vs. South Carolina decided in South Carolina Supreme Court.  In the case, the high court ratiocinated that a fetus is already a person pursuant to the states law on Criminal Child Endangerment and declared that substance abuse during pregnancy is fatal to the life, comfort or health of the fetus.  The petition for certiorari thereafter filed was denied, thus affirming the decision of the Supreme Court of South Carolina.  Aside from the mentioned case, jurisprudence has returned to its position of upholding the rights of pregnant women guaranteed under the equal protection clause and the rights guaranteed under the Fourth Amendment. In the latter case, the Supreme Court in certiorari petition declared that a pregnant woman could not be subjected to warrantless searches and examination in the absence of consent without violating the Fourth Amendment rights.  In line with this, states have offered non-criminal preventive measures such as rehabilitations and educational programs on pregnant women to fight against substance abuse.

Living and Dying with AIDS
The increasing influx of women offenders in the jail system of the United States also pressed the growing concern for their health and safety.  Women, by reason of their reproductive system are actually in need of a stricter medical and health measures to ensure safety and survival. Records reveal that there has been an increasing number of women incarcerated and of this number, the growing number of those afflicted with AIDS and HIV has become alarming.  However, female health and safety measures are generally limited to check ups and there are no infirmaries and advance medical equipment in cases of severe illnesses.  Patients are advised only to be taken to the nearest hospital which at times is not granted to sick inmates. Worst, there are incarcerated inmates who died by reason of medical malpractice and lack of equipment.  The lack of equipment is coupled with the lack of trained medical experts.  On the other hand, the demand for AIDS and HIV preventive services has been competing for the cure of Hepatitis C which is also threatening the health of incarcerated women.  Thus, those already afflicted with AIDS and HIV are becoming more prone to complicated diseases considering the weakening of their immune system to fight against viruses surrounding the prison cells. 
   
AIDS and HIV treatment has been addressed by the management.  However, it should be noted that those who are positive with the disease and require regular medication are difficult to regulate.  Thus, the demand for more medical practitioners and medical experts must likewise be addressed.  This is not to overlook the demand for a sustainable supply of medications particularly for those who require regular medications.  In addition, the government promotes continues education on AIDS prevention and minimization, implementation of health safety measures not only among inmates but also among jail management officers as well.  It has been noted however that medical measures have been noted to be different among states.

Women, AIDS and the Criminal Justice System
Women with AIDS in relation to the criminal justice system may be labeled as victims in cases of sexual assaults and rape or as offenders in cases of prostitution.  Prostitution has been prevalent among states, however, there are scientific studies confirming the link between AIDS and prostitution. 

This is because state laws do not ignore the pressing concern of safe sex education and thus impose regulatory measures on duly registered prostitution businesses.
In response to the number of women prostitute who have been convicted, the high courts of various states upheld the law requiring these women to be subjected to mandatory HIV-antibody testing.  The high court ratiocinated that the convicts right to privacy is limited to a certain extent by the public demand to protect the interest of the greater number of people from the threatening AIDS epidemic. 

On the other hand, with respect to women who have become victims of sexual assaults and rape, the law subjecting to HIV examination their offender or offenders have been upheld.  The Texas court however allows the examination for AIDS and STD subject to rules on confidentiality and protection of the rights of the convict.  On the other hand, the New York state courts allow the disclosure of results or findings ratiocinating that the disclosure does not in any way violate the right to privacy of the convicts.  The pressing concern of the victims to know the health condition of their offenders is of paramount interest as opposed to the right to privacy.  This is not to mention the paramount concern of the public to be free from AIDS and other sexually transmissible diseases.  More importantly, the federal court adopted the law enacted by the legislature in support of the fight against AIDS  the 1990 Crime Control Act.  In line with this, other states have enacted laws in support of the act. 
On the non coercive side, states have adopted the continuing campaign for AIDS education through the participation of both governmental and non-governmental organizations.