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HIV and criminal law news


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Thai junta may pass law banning men who have sex with men from monkhood

The junta cabinet in Thailand has approved a bill on religion which can be used to prosecute, with jail terms, people who propagate ‘incorrect’ versions of Buddhist doctrines or cause harm to Buddhism. The bill also posts jail terms specifically for homosexual monks.

11 March 2015
Prachatai. org
Should An HIV-Positive Body Be Considered a Deadly Weapon?

Terrance Williams's act was profoundly thoughtless, but was it malicious, and should it be considered a crime? And if so, what kind of crime? These questions have been the subject of New York court proceedings for nearly four years. The Williams case is, in a sense, a final vestige of the scariest, most dangerous age of AIDS, when the disease carried a powerful stigma, and an infected body was seen as a dangerous weapon.

02 March 2015
New York Court: Not Disclosing HIV Before Sex Is a Misdemeanor, Not a Felony

An HIV-positive man who told a partner that they could safely have unprotected sex should face a misdemeanor reckless endangerment charge, not a felony, New York's highest court ruled Thursday.

23 February 2015
New York Times
We need to rethink the relationship between forensic science and the law

Despite what we see on television, forensic science is not always easy to understand or simple to convey to a jury, many of whom may not have studied science since they were in school. When a case fails in the courtroom, maybe because the scientist was inexperienced, or there were flaws in the science presented, it creates the potential for a miscarriage of justice – something to be avoided at all costs.

21 February 2015
The Conversation
Botswana: ‘Willful transmission’ clause getting HIV+ persons jailed

Botswana Network on Ethics, Law and HIV/AIDS (BONELA) Law Advisor Keikantse Phele says HIV positive people are at more risk of being judged unfairly in the courts of law as they have been observing a rising number of cases related to willful infection of sexual partners with HIV.

04 February 2015
Botswana Gazette
Military justice?

An extraordinary example of HIV criminalization gone awry in the States. Bob Leahy talks to Lt. Colonel Ken Pinkela, court martialed and sentenced to a jail term for allegedly exposing another officer to HIV, when no sexual contact occurred, says Pinkela.

27 January 2015
Positive Lite
Many HIV-positive people’s understanding of the law on HIV transmission is “weak and patchy”

Many people living with HIV in England have a limited understanding of the law which leaves them either at risk of prosecution for HIV transmission or with

21 January 2015
Roger Pebody
What It’s Like to Be LGBT & Living With HIV In Malaysia?

Transgenders and Men Who Have Sex With Men (MSM) are most vulnerable when it comes to HIV/AIDS protection, according to Pink Triangle members, Manis and Along.

08 January 2015
Malaysian Digest
Four Laws That Are Devastating Public Health in Uganda

In the past year Uganda has passed four laws which defy public health principles and show blatant disregard for dignity and human rights. These laws target individuals who are already marginalized by society and most in need of health services and support: people who sell sex to make ends meet for their families; LGBTI people living in fear of community violence; people hiding their HIV medication from their own families; and people struggling to manage drug dependence and other illnesses. Perhaps most harmful of all, parts of Ugandan society are interpreting these laws to justify violence and exclusion.

17 December 2014
Open Society Foundation
Blinded by Fear: How Politics Influenced Medical Policy in Greece

There is no one particular reason for Greece’s stringent policies on HIV. Rather, the combination of political power plays, economic instability, and societal fear planted the seeds for criminalization of the disease.

10 December 2014
The Politic
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