100 Jonah Sievers

Austria, Denmark and Liechtenstein ), a rate of 5.7 per 100,000.” The total number of those living with HIV in Western and Central Europe is estimated at 620,000, i.e. 0.2.* That such a low rate of infection has been achieved without compulsory measures is the most compelling evidence that compulsory testing for HIV is unwarranted. This may be different in countries of Sub-Saharan Africa where the rate is high as, for example in Swaziland where it is as high as 25.9% Fortunately the global HIV rate in Sub-Saharan Africa is falling among adults(ages 15-49).

Other means of lowering the rate of infectionare possible and have been attempted in other societies. In Cuba those found infected after mandatory testing from 1986 to 1993, were quarantined. The Cuban health authorities subsequently permitted infected individuals to live outside the sanatoria, when considered responsible. Cuban health authorities also“actively pursue contact tracing and HIV testing of sexual partners.”'’ This results in the lowest HIV infection rate in the

world. As one Jewish cholar has pointed out, a community could pass protective legislation as a preventive measure(Isserles , Shulhan Arukh, Hoshen Mishpat 427:1) It is unlikely that we would be prepared to take such measures, even if we find precedence in the halakhah Because the incubation period for HIV is long, repeated testing would be necessay.

We have limited our discussion to those living within a certain state, and have not dealt with it as a mandatory requirement for immigrants. One might consider such measures warranted for those entering from countries with a high HIV rate. The International Task Team on HIV-related Travel Restrictions of the UN is currently discussing this matter. The defense for such restrictions has stated that generally travel restrictions have no public health justification. HIV is not a public health hazard since the virus cannot be transmitted by casual contact.Restrictive measures may run counter to public health interests, since exclusion of HIV-positive non-nationals adds to the climate of stigma and discrimination against people living with HIV and