HIV & the criminal law

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  • Thanks to @TheAgenda and @namshine for covering this important topic so thoroughly and empathetically… 20 Jun 2017
  • Our Global Co-ordinator @edwinjbernard is interviewed in @PositiveliteCom about the future of #HIVcrim in Canada 20 Jun 2017
  • RT @TheAgenda: Canada leads the pack in prosecuting people for not disclosing their HIV status. Some say that’s the wrong approach. Tonight… 19 Jun 2017
  • RT @TheAgenda: "[It] casts a shadow over all people living with HIV." — @AIDSLAW's Richard Elliott, on criminalization of HIV non-disclosur… 19 Jun 2017
  • RT @TheAgenda: "Canada is the only the country in the world that frames HIV non-disclosures as sexual assault." — @edwinjbernard, tonight o… 19 Jun 2017
  • So proud of fierce HIV criminalisation survivor, Chad, who kicked ass today! #HIVcrim #HIVisnotacrime 15 Jun 2017
  • Thank you for your leadership. We need to make Canada a world leader in doing HIV justice, not in HIV criminalisati… 15 Jun 2017
  • RT @JoshuaMTerry: .@marcomendicino speaking to the crowd at the @AIDSLAW symposium. "We have a long way to reforming the law." #HIV15 Jun 2017
  • RT @NSLegalAid: Day of learning about HIV Criminalization. Marco Mendicino from @JusticeCanadaEN says #HIV is not a crime #HIVcrim https://… 15 Jun 2017
  • RT @NickCaivano: .@marcomendicino: "Nondisclosure of HIV status is a public health issue" - criminal law should be a last resort #HIVcrim 15 Jun 2017
  • RT @ShaziaIslam: Still a ways to go but there is hope. Laws need to reflect scientific advances. #HIVcrim #UequalsU @HIVJusticeNet https://… 15 Jun 2017
  • RT @CTAC_CAN: .@edwinjbernard of @HIVJusticeNet & Amy Wah of HALCO discussing #HIVcrim during @AIDSLAW symposium 15 Jun 2017
  • RT @AIDSLAW: Hashtag for today's symposium is #HIVcrim. Join us! 15 Jun 2017
  • RT @NickCaivano: Great to hear @marcomendicino reiterate @Puglaas's commitment to address #HIVcrim: "HIV is not a crime" #cndpoli 15 Jun 2017
  • RT @AIDSLAW: .@edwinjbernard presenting examples of unjust HIV prosecutions from around the world that run contrary to international guidel… 15 Jun 2017
  • Delighted to provide global overview of HIV criminalisation and advocacy successes at today's Symposium. 15 Jun 2017
  • RT @AIDSLAW: Join us in developing a community consensus statement on measures to limit unjust #HIVcrim. Register your participation today!… 02 Jun 2017
  • Register now for @_ARASAcomms's Online HIV Criminalisation Course in June-July 2017. Deadline Monday 22 May 2017. 18 May 2017
  • Exciting news from @TheSeroProject and @uspwn! #HIVisnotacrime 15 May 2017
  • Norway: Activists concerned about latest proposals to change law used to prosecute potential/perceived HIV exposure 05 May 2017

  • 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.
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

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.