HIV & the criminal law

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  • Nigeria: Ondo State now criminalises "any person who by whatever means transmits HIV to another person" in their anti-stigma law. The irony. 30 Jun 2015
  • World Health Organization publishes analysis of impact of overly broad #HIV criminalisation on public health 30 Jun 2015
  • Kenya: Mandatory #HIV reporting challenged as unconstitutional and violation of people's rights by @KELINKenya 16 Jun 2015
  • Zambian network of people living with HIV says 'no' to overly broad #HIV criminalisation: unworkable and unjust 16 Jun 2015
  • Trial demonstrates that a human rights perspective to treatment for all people living with HIV is necessary @gnpplus 12 Jun 2015
  • The widespead belief that the false #Zuma #HIV tattoo story is true is down to #XenophobicSA 04 Jun 2015
  • South Africa: President #Zuma has NOT passed an ‘#HIV tattoo’ law but much of Africa thinks he has 04 Jun 2015
  • Nigeria: Senate passes problematic, overly broad and vague HIV-related criminal laws in the Sexual Offences Bill 04 Jun 2015
  • Powerful keynote address by Justice Dingake to SADC Parliamentary Forum on #HIV #criminalalisation in southern Africa 03 Jun 2015
  • @ICW_Global publish updated position statement on overly broad #HIV criminalisation #HIVisnotacrime 03 Jun 2015
  • Australia: How to achieve #HIV criminal law reform - Repealing Section 19A: How we got there, by @paulkidd #Repeal19A 28 May 2015
  • Australia: Victoria’s HIV-specific criminal law, Section 19A, finally repealed today @paulkidd @livingposvic @VACorg 28 May 2015
  • Australia: Victoria's HIV-specific criminal law, #19A, finally repealed. Live Tweets as it happened from @paulkidd 28 May 2015
  • US: Texas law #SB779 that would have allowed HIV test results to be used in any criminal proceedings is now dead. Advocacy and sanity wins! 27 May 2015
  • Malawi: High Court rules mandatory HIV testing is unconstitutional. Congrats to the 11 litigants and @Follow_SALC 22 May 2015
  • Canada's legal approach to HIV non-disclosure and 'treatment as prevention' policies are not compatible #HIVCan 21 May 2015
  • Czech Republic: Public Health Protection Act passed yesterday without controversial mandatory HIV testing provision for key populations. 21 May 2015
  • Czech Republic: Yesterday the Chamber of Deputies removed the mandatory HIV testing provision from the Public... 21 May 2015
  • Russia: Man gets 3 years in prison for allegedly infecting his girlfriend without disclosing he was living with HIV. 20 May 2015
  • @wondermann5 Yes, there have been hundreds, if not thousands, of unjust HIV prosecutions in the US and globally! See: 15 May 2015

  • Preface

    By The Hon. Michael Kirby AC CMG and Edwin Cameron, Justice of the Constitutional Court of South Africa...

  • Introduction

    How this resource addresses the criminalisation of HIV exposure and transmission. ...

  • Fundamentals

    An overview of the global HIV pandemic, and the role of human rights and the law in the international response to HIV. ...

  • Laws

    A  history of the criminalisation of HIV exposure and transmission, and a brief explanation of the kinds of laws used to do this....

  • Harm

    Considers the actual and perceived impact of HIV on wellbeing, how these inform legislation and the legal construction of HIV-related harm. ...

  • Responsibility

    Looks at two areas of responsiblity for HIV prevention: responsibility for HIV-related sexual risk-taking and responsibility to disclose a known HIV-positive status to a sexual partner. ...

  • Risk

    An examination of prosecuted behaviours, using scientific evidence to determine actual risk, and how this evidence has been applied in jurisdictions worldwide....

  • Proof

    Foreseeability, intent, causality and consent are key elements in establishing criminal culpability. The challenges and practice in proving these in HIV exposure and transmission cases....

  • Impact

    An assessment of the impact of criminalisation and HIV – on individuals, communities, countries and the course of the global HIV epidemic....

  • Details

    A summary of laws, prosecutions and responses to criminalisation of HIV exposure or transmission internationally, and key sources of more information....

  • Blog

    Recent posts from writer and advocate Edwin J Bernard's blog are reproduced here, with Edwin's permission. ...

HIV & the criminal law

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.