HIV & the criminal law

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  • 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

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