Conclusion

Twitter

  • How everyone living with HIV in Canada became a potential criminal #HIVcrim #hivisnotacrime https://t.co/H04FVLlEr0 09 Aug 2017
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  • Find out what is happening around the world in the global movement to end #HIVcriminalisation https://t.co/mGLsbVD2xO 19 Jul 2017
  • RT @AIDS_Free_World: What is the impact of HIV criminalization? Visit https://t.co/jAwKjTiw4i to learn more. | #HIVcrim #HIVJusticeWorldwid18 Jul 2017
  • US Advocates launch Consensus Statement on HIV “Treatment as Prevention” in Criminal Law Reform #HIVcriminalisation https://t.co/8WbUOw36OF 16 Jul 2017
  • Apply now for the first European HIV Academy for Enabling Legal Environments, September 13-14, Berlin:… https://t.co/WztJm5R21J 12 Jul 2017
  • RT @AIDS_Free_World: Criminal laws are being used to regulate, control & punish people living with #HIV. Learn more about #HIVcrim: https:/… 12 Jul 2017
  • When will Canada justice department announce new approach to prosecuting cases of HIV non-disclosure? https://t.co/CY3vqtdPdd 11 Jul 2017
  • RT @PositiveLiteCom: Samantha's takeaway from - Rethinking Justice: the 7th Symposium on #HIV Law & Human Rights https://t.co/12esAuI939 #H06 Jul 2017
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  • RT @CATIEinfo: How do news stories about HIV criminalization impact Black communities? Find out in “Skewed Stories.” https://t.co/61XZsaU5u… 05 Jul 2017
  • Africa: Moving towards revolutionising approaches to HIV criminalisation This two-day global meeting co-hosted... https://t.co/WKDEMwvgOo 04 Jul 2017
  • RT @SylvieBeaumont: Rejoignez le mouvement pour mettre fin à la pénalisation du VIH! #HIVJUSTICEWORLDWIDE #CriminalisationVIH https://t.co/… 28 Jun 2017
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  • #Jointhemovement to #EndHIVcriminalisation! #HIVJUSTICEWORLDWIDE #HIVisnotacrime https://t.co/s87HeiTtDy https://t.co/h4ThNLtPtT 27 Jun 2017
  • Thanks to @TheAgenda and @namshine for covering this important topic so thoroughly and empathetically… https://t.co/7QOzWVxrO9 20 Jun 2017
  • Our Global Co-ordinator @edwinjbernard is interviewed in @PositiveliteCom about the future of #HIVcrim in Canada https://t.co/xT7fvTLKmO 20 Jun 2017

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
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.
Community Consensus Statement on Access to HIV Treatment and its Use for Prevention

Together, we can make it happen

We can end HIV soon if people have equal access to HIV drugs as treatment and as PrEP, and have free choice over whether to take them.

Launched today, the Community Consensus Statement is a basic set of principles aimed at making sure that happens.

The Community Consensus Statement is a joint initiative of AVAC, EATG, MSMGF, GNP+, HIV i-Base, the International HIV/AIDS Alliance, ITPC and NAM/aidsmap
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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.

NAM’s information is intended to support, rather than replace, consultation with a healthcare professional. Talk to your doctor or another member of your healthcare team for advice tailored to your situation.