Should a women who is HIV positive that breast feed her baby be charge with attempted murder?

If you believe yes then state why?

This is a complicated issue.

Firstly, no, the charge of attempted murder should not be used. If anything at all, legally, aggravated assault would be a more appropriate charge (though I don't NECESSARILY agree with criminal punishments for this act).

Secondly, there are possibly a lot of mitigating factors that come into play before a charge is placed like education, socio-economics, mother's HIV viral load, whether it is sole-breast feeding or breast milk + other fluids (juice, water) which greatly increases transmission risks.

HIV+ women who have the financial means and support to bottle feed their babies should definitely do so. It can prevent HIV transmission to a baby. If the financial element is not in place (this can be in places other than "deep dark Africa/Asia"....I won't comment here on the inherent racism in the prior answer where I got that quote, I digress) then the morality becomes a bit more interesting. In many countries, HIV+ women are encouraged to SOLEY breast feed (as long as NO other fluids are introduced to the baby -- water, juice, ANYTHING --- because the mother to child transmission can be reduced sharply). Otherwise the baby may die of starvation or of water-borne diseases if clean water is not available to mix the formula provided.

The intent of the mother also must come into play (and definitely before a charge of murder is even thought of). Did she know she was HIV+, did she know that breast feeding could transmit the virus, was she automatically provided with free formula/could she afford it, what was her viral load and was she solely breast feeding (ie, what is the actual risk of transmission in this case).

I think before we can charge HIV+ mothers with anything we need to make sure that consistent education, psychological, and financial interventions (if needed...an assessment should be done) be provided to all HIV+ moms.

The solution to this problem is not to throw mothers in jail. That creates way more problems and goes against the true spirit of the law. The criminalization of any form of HIV transmission impares the ability to reach those people that need the help. It further marginalizes those populations making them harder to reach and subsequently makes the problem worse....mother's who don't disclose their HIV status to their physicians and lie that they have been tested previoulsy and are fine, for fear of being in trouble with the law....the HIV+women who are afraid to get prenatal care because of their HIV status and the perceived criminal sanctions that may be placed on them --- many women especially poor and uneducated women may not understand the true nature of the law and make dangerous choices in fear.

It is absolutely imperative that HIV+ women get extensive prenatal care by a team of specialists (HIV nurse, experienced OB/GYN, HIV specialist, HIV neonatologist, HIV experienced counsellor/therapist, etc.,) --- any pregnant women who is HIV+ and pregnant is considered to have a high risk pregnancy. We need to work on increasing the existence and availability of (free/verycheap) HIV specific prenatal care.

Obviously, all of this precludes the possibility of malicious
intent, if that can be proven. In that case, criminal charges or psychiatric interventions are obviously warranted.

That's what I think anyway.

Yes

if it was intentional and the baby didnt already have it from birth the definitely yes!

No!!! It comes down to education and poverty... some women can not afford to buy milk, so they breast feed.
If they were educated they would not have unprotected sex....
But then you get the ones who are raped and come from deep darkest Africa or Asia, and they sit with a problem of how to feed the baby and deal with sickness at the same time. It is not for us to judge, it is our responsibility to educate and help these people.

i don't think so. but for those mother who commit this action i am strongly says that thier action is not appropriate to thier reason. maybe they do just to save thier love ones but if their reason is to spread resolting of causing life into death. then our almighty creature will punish you. not in her but in heaven iam very sure....

I agree that if the woman knows that she has HIV and she is also aware that her neg baby would be at high risk of getting it if she brest feeds there should be charges. I do think that attempted murder is a bit harsh but I would definately charge her for negligence and child abuse and I would take the baby away from her.

I cant actually imagine a mum, who being hiv+, breastfeeding her baby to intentionally give hiv, but, if faced with a starving baby, maybe in places where formula milk is unavailable, then breast is the only option I would think. But saying that, I could not imagine someone with hiv, deliberately raping a young girl, intentionally infecting her, so, my answer to your question, is if the mother has a choice, chooses breast, knowing her baby will get hiv, then charges should be bought, dont know about attempted murder though.