title: [Soldiers and HIV: impact of medical knowledge on the analysis of discrimination in the constitution].
abstract: In 2007 the Mexican Supreme Court issued several opinions dealing with military personnel dismissed from the Army because of their being HIV-positive. The author describes the main questions under discussion and the core arguments developed by the Court, and stresses three reasons why these cases deserve close attention: positively, because they reinforced the use of the proportionality principle as a tool for identifying discriminatory norms and because they opened the door to the use of specialized scientific knowledge in constitutional adjudication; negatively, because they failed to build on the direct normative efficacy of the right to health.
authors.affiliation: Departamento de Derecho, Instituto Tecnológico Autónomo de México, México. D.F. francisca.pou@itam.mx
authors.forename: Francisca
authors.initials: F
authors.lastname: Pou Giménez
mesh_terms: D026688:Bioethical Issues / Q000331:legislation & jurisprudence; D003249:Constitution and Bylaws; D004992:Ethics, Medical; D006679:HIV Seropositivity; D006801:Humans; D008800:Mexico; D008889:Military Personnel / Q000331:legislation & jurisprudence; D011287:Prejudice