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Legislation and Comparison with Some International Laws

Abstract

Valentina Triolo, Antonina Argo, Stefania Zerbo and Paolo Procaccianti

AIDS, acronym of Acquired Immune Deficiency Syndrome, is a clinical picture related to Human Immunodeficiency Virus (HIV) infection. In the last 20 years this infection has had a high and progressive diffusion. Generally, the HIV antibody tests (ELISA plus RIBA methods) are used to revealed the infection. In this paper, the Authors present the HIV testing in Italian legislation and the comparison with some international laws, particularly for the minors. In most European and American Countries this test is volunteer and for minors is not require the consent of parents; in Italy the implementation of the test is today governed by the law 135/1990. This law establishes that the conduct test is volunteer and the informed consent is obligatory; but nothing is said about the consent of the child. The actual Italian law about the minor consent for us is unsatisfactory. The international experience can be useful to change or supplement the current Italian act.