Conclusion

Twitter

  • Register now for @_ARASAcomms's Online HIV Criminalisation Course in June-July 2017. https://t.co/U9xdHjEeyG Deadline Monday 22 May 2017. 18 May 2017
  • Exciting news from @TheSeroProject and @uspwn! https://t.co/JhtCWA26wk #HIVisnotacrime 15 May 2017
  • Norway: Activists concerned about latest proposals to change law used to prosecute potential/perceived HIV exposure https://t.co/vR5I9urpNE 05 May 2017
  • RT @LaurelDSprague: This is the anti-criminalization message and truth that we need to get across to governments. #Decrim4Health https://t.… 25 Apr 2017
  • Amazing photo, incredible meeting. Thanks @_ARASAcomms + @LaurelDSprague and everyone who attended. Let's make this… https://t.co/fypH8qOytZ 25 Apr 2017
  • RT @_ARASAcomms: Day 2 of the Revolutionising HIV Criminalisation hosted by ARASA & @HIVJusticeNet continues Johannesburg today. Follow #De25 Apr 2017
  • Together we can make HIV Justice WORDLWIDE a reality! https://t.co/T8KGsa64Pq 25 Apr 2017
  • Some good, some worrying reasoning on why the law doesn't have HIV criminalisation in it. Disclosure obligation rec… https://t.co/y0Qhp2rYae 24 Apr 2017
  • RT @Follow_SALC: Thomas: looking forward to a day when HIV care and prevention is understood without use of criminal law #Decrim4Health htt… 24 Apr 2017
  • RT @_ARASAcomms: We are so honoured to be able to hear from HIV criminalisation survivor Kerry Thomas from prison via Skype. #Decrim4Health 24 Apr 2017
  • RT @_ARASAcomms: Our Keynote Speaker, Dr Ruth Labode, Zimbabwe MP, spoke with such passion about the harms of HIV criminalisation #Decrim4H24 Apr 2017
  • RT @_ARASAcomms: Panel share their experiences around HIV criminalisation through case law to highlight the common patterns. #Decrim4Health24 Apr 2017
  • Excellent intersectional analysis by @uspwn, one of our HIV JUSTICE WORLDWIDE partners #hivisnotacrime https://t.co/A1T4qfHqaV 24 Apr 2017
  • Despite Nigeria Senate approving overly broad HIV criminalisation statutes in 2015, those laws were never enacted.… https://t.co/2L01wOiGYV 24 Apr 2017
  • RT @lynmab: @_ARASAcomms Advocacy approaches need to address high levels of social Criminalisation. We must oppose all forms of Criminalisa… 24 Apr 2017
  • RT @_ARASAcomms: Johanna Kehler: We need agency, not protection! Lack of agency becomes the cause and effect of HIV criminalisation #Decrim24 Apr 2017
  • Educating policymakers and parliamentarians about why HIV criminalisation does more harm than good to public health… https://t.co/QdFxQbc3MX 24 Apr 2017
  • RT @_ARASAcomms: You can read more about the state of HIV criminalisaion globally in Advancing HIV Justice 2 https://t.co/khUeZd72NS #Decri24 Apr 2017
  • RT @_ARASAcomms: Dr @laurelsprague,@HIVJusticeNet:The left map is where HIV criminalisation exists:right map:prosecution occurred (April 20… 24 Apr 2017
  • Proud and honored to be represented at this important meeting by Dr @LaurelDSprague, the next Executive Director of… https://t.co/xQlRvEV65t 24 Apr 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.