HIV & the criminal law

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  • South Africa: First-ever successful prosecution for 'HIV exposure' upheld as attempted murder by Pretoria High Court 14 Aug 2013
  • RT @ProfWetpaint: Hep C phylogenentics in court (prosecution of anesthetist in Spain): 23 Jul 2013
  • US: House Appropriations C'ttee passes amendment that would fund review of HIV-specific criminal laws #HIVisnotacrime 19 Jul 2013
  • UK: NAT (National AIDS Trust) produces new guide for police on occupational exposure to HIV 19 Jul 2013
  • UK: NAT (National AIDS Trust) produces new guide for police on occupational exposure to HIV 19 Jul 2013
  • Canada:Expert witness likens risk of male performing oral sex on female with HIV to “getting hit by a falling piano” 19 Jul 2013
  • Uganda: Activists reject mandatory HIV tests, disclosure without consent in proposed HIV Prevention and Control Bill 19 Jul 2013
  • Uganda: Parliamentary Committee considers controversial criminal law amendments to 2010 Prevention of HIV/AIDS Bill 19 Jul 2013
  • Canada: HIV non-disclosure prosecutions "out of all proportion and profoundly unjust" by @AIDSLAW ED (correct link) 10 Jul 2013
  • Canada: HIV non-disclosure prosecutions are "out of all proportion and profoundly unjust" by @AIDSLAW ED #HIVCan 10 Jul 2013
  • "An incredible resource on HIV criminalization->@HIVJusticeNet This issue concerns us ALL..." Thank you for the endorsement @zoemavroudi 09 Jul 2013
  • Canada: Halifax prosecutor claims HIV seroconversion can take up to 10 years following sexual exposure #HIVignorance 08 Jul 2013
  • Greece: Scientists and human rights campaigners condemn reinstatement of Provision 39A allowing forced HIV testing 08 Jul 2013
  • US: Nushawn Williams loses civil confinement hearing, will remain in custody for life #noHIVjustice 04 Jul 2013
  • RT @joeamon: #Greece: Repeal Abusive Health Regulation #HIV forced testing, detention 04 Jul 2013
  • RT @zoemavroudi: Greek Center 4Disease Control @keelpno_gr announced it supports law that led to forced tests of HIV+drug users.Its twitter… 04 Jul 2013
  • RT @condommonologue: #HIV nondisclosure law has not kept up w/ scientific advancements on HIV transmission. Must c free film PositiveWomen … 04 Jul 2013
  • RT @TheSeroProject: HIV Criminalization Poses a Serious Threat to Transgender Health 04 Jul 2013
  • Video, slides, resources now available from last week's HIV criminalisation webinar on the US REPEAL Act 04 Jul 2013
  • Greece: New health minister reinstates forced HIV testing law weeks after the former ministerial decree was repealed 04 Jul 2013

  • 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.