Conclusion

Twitter

  • RT @AIDSLAW: Video and written reports for #BeyondBlame: Challenging HIV Criminalisation at #AIDS2016 are on-line: https://t.co/3T0DPP9Bc1… 29 Sep 2016
  • Zimbabwe: Advocates highlight lack of up-to-date understanding of science in HIV-specific criminal law. https://t.co/YCMiSfrvrT @ZLHRLawyers 27 Sep 2016
  • RT @Martin_A_French: Packed theatre at yesterday's premiere of HIV Is Not A Crime - thanks to everyone who came out! https://t.co/B0HGHZfBn6 21 Sep 2016
  • Check out all the #HIV #criminalisation poster action at #AIDS2016. New blog post by @LaurelDSprague https://t.co/8ShGNwtoNm 08 Sep 2016
  • JUST RELEASED! Video and written reports from #BeyondBlame: Challenging HIV Criminalisation at #AIDS2016 https://t.co/vsiAS657Gt 08 Sep 2016
  • Beyond Blame: Challenging HIV Criminalisation at AIDS 2106: https://t.co/AGHziHFGXN via @YouTube 08 Sep 2016
  • RT @alexmcclelland: Sept 15 The Movement to End HIV Criminalization https://t.co/wlKyCjgWbR w @HIVJusticeNet @Aspield @Martin_A_French @COC01 Sep 2016
  • RT @HIVPlusMag: Dear Police: Once and For All, Saliva Does Not Transmit HIV https://t.co/19GeX74PpA 30 Aug 2016
  • HIV JUSTICE WORLDWIDE releases ‘HIV IS NOT A CRIME’ training academy video documentary https://t.co/aoe8vwC8SH https://t.co/aiHYBWDmk8 24 Aug 2016
  • RT @HIVPlusMag: @HIVJusticeNet HIV Criminalization inmate Kerry Thomas is #9 of 75 Most Amazing HIV+ People of 2016 https://t.co/hDvMxrmj1A… 15 Aug 2016
  • RT @AIDSLAW: At #AIDS2016: #HIVcriminalisation takes the world stage https://t.co/scU8NwdvHZ @PositiveLiteCom #HIVCrim 11 Aug 2016
  • RT @kenpinkela: Why Aren't #HIV Criminalization Changes Applied Retroactively? - https://t.co/idwdrimhz6 #HIVisNOTaCrime 11 Aug 2016
  • RT @kenpinkela: Join HIV PJA and the SERO Project for the Three-Part HIV Is Not a Crime Webinar Series https://t.co/L0waUpb1Zn via @TheBody11 Aug 2016
  • @GroundUp_News Thanks for a well-researched + considered article on HIV criminalisation #BeyondBlame #HIVisnotacrime https://t.co/RPSjlv1let 11 Aug 2016
  • RT @kenpinkela: Our @usarmy put me in jail No investigation or evidence #HIV @SECARMY @POTUS #HivisNotaCrime #Hate is not ArmyValue https:/… 10 Aug 2016
  • RT @HIVLawCom: Join HIV PJA and the SERO Project for a Three-Part HIV Is Not a Crime Webinar Series https://t.co/NOUW8g4Gql via @TheBodyDot04 Aug 2016
  • Does Russia’s HIV-specific law protect women living with HIV? https://t.co/EEUtVTDIfz #HIVisnotacrime #BeyondBlame @ICW_Global @ITPCru 04 Aug 2016
  • 300+ NGOs call for immediate end to extrajudicial killings of ppl suspected of drug-related offences in #Philippines https://t.co/XVZSReZOf0 03 Aug 2016
  • Drug control cannot trump #HumanRights. Police & vigilantes have killed hundreds in the Philippines. This must stop! https://t.co/XVZSReZOf0 03 Aug 2016
  • Thanks @TWKisseamstress for a great report about our HIV JUSTICE WORLDWIDE action and #BeyondBlame at #AIDS2016. https://t.co/65q4QlbEMN 03 Aug 2016

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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