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Children with AIDS in the public schools: The ethical issues

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Abstract

The question of whether to allow children with AIDS to attend public school generates explosive emotions and has wide-reaching consequences. This paper focuses on the perspective of parents of well children who may be asked to attend school with children who have AIDS. These parents are poised at the heart of the dilemma: they are the ethical “bottom line,” and an argument that fails to satisfy them ought not to satisfy anyone.

The conflicting commitments these parents face are first to the parentchild covenant which requires them to act in their child's best interests, and second, to the principles of beneficence and justice, which require them not to further burden a sick child with ostracism and isolation.

Almost exact parallels exist between this issue and that of proxy consent by parents for children's participation in low-risk, non-therapeutic research. The lengthy and important debate between Paul Ramsey and Richard McCormick on this question is analyzed, concluding that McCormick's position in favor of thoughtful proxy consent is the more compelling. Returning to the question of allowing children with AIDS to attend school, the essay shows why the parallels are persuasive. On the ethical level, the apparent conflict of obligations is almost exactly the same; on the pragmatic level, the essay shows why sharing a classroom with a child who has AIDS is comparable to the “low-risk” category that the National Commission for the Protection of Human Subjects found acceptable in its 1978 guidelines. The essay concludes that parents of healthy childrenmay and ought to accept the presence of children with AIDS in the public school.

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Reference notes

  1. Gerald H. Friedland et al., “Lack of Transmission of HTLV-III/LAV Infection to Household Contacts of Patients with AIDS or AIDS-Related Complex with Oral Candidiasis,”New England Journal of Medicine, 314(February 6, 1986), 344–349.

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  2. A study prepared by the San Francisco Health Department and the Centers for Disease Control indicates that the risk of developing AIDS increases yearly after infection with the virus, from four percent after three years, to 14 percent after five years and 36 percent after seven years.The New York Times, March 3, 1987. Seven years is approximately how long epidemiologists have been tracking the virus, so it is possible that the number could end up being 100 percent.

  3. Peter deVries,The Blood of the Lamb (Boston: Little, Brown and Company, 1961); Doris Lund,Eric (New York, Dell Publishing Co., Inc., 1974).

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  4. Although I am aware of, and in fundamental agreement with, Robert Levine's arguments against the terms “therapeutic” and “non-therapeutic” research, I have not found an acceptable substitute. By “non-therapeutic” I mean research which does not hold out hope for any direct benefit for the subject. The model which best fits my discussion here is that of a healthy child who is asked to function as a control in research which hopes to benefit others. See Robert J. Levine,Ethics and Regulation of Clinical Research (Baltimore-Munich: Urban & Schwarzenberg, 1981), 6–8.

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  5. Richard McCormick, “Proxy Consent in the Experimental Situation,”Perspectives in Biology and Medicine, 8 (Autumn 1974), 2–20; “A Reply to Paul Ramsey — Experimentation in Children: Sharing in Sociality,”Hastings Center Report 6:6 (December 1976), 41–46. Paul Ramsey, “Children as Research Subjects — A Reply,”Hastings Center Report, 7:2 (April 1977), 40–41; “A Reply to Richard McCormick — The Enforcement of Morals: Nontherapeutic Research on Children,”Hastings Center Report, 6:4 (August 1976), 21–30.

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  6. James J. McCartney, “Research on Children: The National Commission Says ‘Yes, If...’”Hastings Center Report, 8:5 (October 1978), 26–31.

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  7. For example, in August of 1986, New York City Health Commissioner Dr. Stephen C. Joseph estimated that 100 children in the city had AIDS or ARC but had not been identified. He was extrapolating from the 7,000 AIDS cases in the city.The New York Times, August 26, 1986.

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Davis, D.S. Children with AIDS in the public schools: The ethical issues. J Med Hum 8, 101–109 (1987). https://doi.org/10.1007/BF01119855

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  • DOI: https://doi.org/10.1007/BF01119855

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