Conclusion

Twitter

  • Greece: Five (of 26) women in mass HIV criminalisation "sex worker" case acquitted http://t.co/LnDGFZJrfV 20 Mar 2013
  • US: Kansas to repeal ban on quarantining people with HIV, allow forced HIV testing following bodily fluids exposure http://t.co/jFZsLeD4Wg 20 Mar 2013
  • US: Illinois cop accused of HIV non-disclosure to be prosecuted under old unscientific HIV-specific law http://t.co/uZka8cQvTE #HIVisnocrime 18 Mar 2013
  • Canada: Police training and guidelines in criminal HIV non-disclosure cases urgently required http://t.co/twsGT55EBl @AIDSLAW #HIVCan 14 Mar 2013
  • Germany: National AIDS Council releases powerful policy statement on HIV criminalisation http://t.co/0vpT4r4kui #HIVisnocrime 13 Mar 2013
  • US: New study to explore effects of HIV criminalisation on health department policies and programmes http://t.co/S2qVzCXSuy 13 Mar 2013
  • UK: New research calls for better guidance for HIV service providers on criminal law, confidentiality and ethics http://t.co/0GdgIvxgQV 07 Mar 2013
  • New UK report from @SigmaResearch1 finds #HIV #criminalisation impact on healthcare workers and service providers http://t.co/85aCJmytz3 28 Feb 2013
  • US: HIV Experts Urge Minnesota Supreme Court to Consider the Science of HIV Transmission http://t.co/nNUJeEWymF 24 Feb 2013
  • @aidsactioneurop Thank you very much for publicising this important initiative. 20 Feb 2013
  • The latest HIV Justice Newletter is out today, on the one year anniversary of the Oslo Declaration http://t.co/W8ovLJG6 13 Feb 2013
  • UK: Updated guidance on HIV transmission, the law and the work of the clinical team now published http://t.co/E77K5uPd 13 Feb 2013
  • Nigeria: Advocates successfully argue for removal of HIV criminalisation clause from draft HIV Anti-Discrimination Act http://t.co/yZl6EMmU 13 Feb 2013
  • Australia: NSW man with HIV who "spat blood" on arresting officer pleads guilty to assaulting and intimidating police http://t.co/dxg7WUeL 12 Feb 2013

We have asked whether criminal laws and prosecutions represent sound policy responses to conduct that carries the risk of HIV transmission. On the one hand, it is obviously reprehensible for a person knowingly to infect another with HIV or any other life-endangering health condition. On the other hand, using criminal sanctions for conduct other than clearly intentional transmission may well infringe upon human rights and undermine important public policy objectives. We accept that the use of criminal law may be warranted in some circumstances, such as in cases of intentional transmission of HIV or as an aggravating factor in cases of rape and defilement. Individual parliaments will determine the specific circumstances, depending on their local context. Before rushing to legislate, however, we should give careful consideration to the fact that passing HIV-specific criminal legislation can: further stigmatize persons living with HIV; provide a disincentive to HIV testing; create a false sense of security among people who are HIV-negative; and, rather than assisting women by protecting them against HIV infection, impose on them an additional burden and risk of violence or discrimination. In addition, there is no evidence that criminal laws specific to HIV transmission will make any significant impact on the spread of HIV or on halting the epidemic. Therefore, priority must be given to increasing access to comprehensive and evidence-informed prevention methods in the fight against HIV/AIDS.

Paragraphs 15-18, First Global Parliamentary Meeting on HIV/AIDS. Final Conclusions: criminalization of transmission, 2007.1

The pursuit of justice can sometimes conflict with other important policy goals. Debates about whether or not potential or actual HIV exposure or transmission should be within the purview of the criminal justice system often hinge on the question of what impact laws and prosecutions may have on a wide range of people and on the course of the epidemic itself. A close examination of the intended and unintended consequences of such criminalisation, from both a public health and human rights perspective, raises vital questions that should be considered by everyone with a stake in the matter.

It is hoped that the information provided in this book will allow for the criminal justice system to be fair and rational in dealing with individuals living with HIV, and that policy influencers and policymakers, including parliamentarians, use this information to pass (or repeal) laws that work towards mitigating the impacts of the HIV pandemic, and advance universal access to prevention, treatment, care and support.

References

  1. First Global Parliamentary Meeting on HIV/AIDS Parliaments and Leadership in combating HIV/AIDS. Manila, Philippines, November 2007

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A writer and advocate on a range of HIV-related issues, Edwin has a particular specialism in HIV and the criminal law. He works with national and international HIV organisations, including the International AIDS Society, GNP+ and UNAIDS, as well having as a long association with NAM as a writer on this topic and as the former editor of HIV Treatment Update. To visit Edwin's blog and respond to posts click here.

This content was checked for accuracy at the time it was written. It may have been superseded by more recent developments. NAM recommends checking whether this is the most current information when making decisions that may affect your health.