Conclusion

Twitter

  • US: Worrying new development as Utah considers law that would classify HIV non-disclosure as rape… https://t.co/zCVjmE1w5X 24 Feb 2017
  • This #valentinesday2017 we #lovepositivewomen who fight #HIVcriminalisation https://t.co/kKvlpqKeTB https://t.co/FAmVTJGzxI 14 Feb 2017
  • Please help raise $20,000 in 20 days to support Michael Johnson's appeal. https://t.co/plDQYQ331e See more here: https://t.co/q0o3lwpi6d 06 Feb 2017
  • Do you work on HIV criminalisation? Please help us identify available services and understand gaps.… https://t.co/A7lk1KBy8m 26 Jan 2017
  • RT @HIVPlusMag: @HIVJusticeNet Michael Johnson's 30 year HIV-stigmatizing conviction overturned. https://t.co/1X1eA67vE4 #HIVisNotaCrime 21 Dec 2016
  • RT @benyoungmd: ICYMI: This excellent video report on #BeyondBlame2016 offering solutions to #HIV criminalization. @HIVJusticeNet https://t… 16 Dec 2016
  • Read the latest HIV Justice Worldwide Newsletter out today! https://t.co/WFs97MfOfQ @_ARASAcomms @AIDSLAW @gnpplus… https://t.co/0SduP7xI8d 15 Dec 2016
  • Correction: Mandatory HIV testing and treatment law proposed for Altai Krai region of Southern Siberia, not Altai R… https://t.co/F1XPwbAjGB 15 Dec 2016
  • Russia: Lawmakers in the Altai Republic unanimously agree to pass a mandatory HIV testing AND treament law… https://t.co/vpnu2iFub1 15 Dec 2016
  • RT @UNAIDS_AP: 10 countries criminalize #HIV transmission or exposure in #AsiaPacific. #Standup4HumanRights on #HumanRightsDay @gnpplus htt… 09 Dec 2016
  • RT @_ARASAcomms: Activists call on leaders to protect human rights & stop criminal sanctions against people living with HIV & TB https://t… 09 Dec 2016
  • Read more about @EvgeniaMaron's contribution to the @UNAIDS and @UN_Women meeting on women living with HIV in #EECA… https://t.co/iYxMeL2nCO 07 Dec 2016
  • Thanks @EvgeniaMaron for representing us and #HIVcriminalisation at the recent UNAIDS/UN Women convening in Almaty. https://t.co/XzZEeRVBXO 07 Dec 2016
  • RT @EvgeniaMaron: We need to raise our voice about #HIVcriminalization of #WLHIV to stop it today @HIVJusticeNet @UNAIDS_EECA @unwomeneca @… 06 Dec 2016
  • Judgment to be delivered tomorrow will have great impact on stigma and discrimation towards people living with HIV… https://t.co/bHXmOLmxH7 06 Dec 2016
  • RT @EvgeniaMaron: We need to take measures to address #HIVcriminalization in the media to stop demonizing #WLHIV @HIVJusticeNet @UNAIDS_EEC06 Dec 2016
  • Our EECA Consultant @EvgeniaMaron representing in Kazakhstan! https://t.co/M9fWYU6p3s 06 Dec 2016
  • Czech Republic: Police drop charges against all 30 gay men with HIV following Prague Public Health ‘witch hunt’ https://t.co/ptDCR0pk2d 17 Nov 2016
  • Commentary: Why should people with HIV always be expected to disclose their HIV status? https://t.co/5wzuh1t9eQ #HIVisNotACrime #BeyondBlame 16 Nov 2016
  • RT @Ruins_Doc: Trial of 11 HIV+ women exposed in #Greece in 2012 begins, Greek health official apologizes in court: https://t.co/B6KapWdA6B… 15 Nov 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
close

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.