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As HIV landscape shifts, move to rethink laws on transmission

Thirty years ago, AIDS was a national nightmare — a plague killing thousands every year, sparking panic and paranoia. It was in that climate that California enacted criminal laws to target people with HIV who were believed to be putting others at risk of infection.

Published
21 March 2017
From
San Francisco Chronicle
California Lawmakers Want to Repeal HIV Criminalization Laws

Exposing a person to HIV is treated more seriously under California law than infecting someone with any other communicable disease, a policy some lawmakers say is a relic of the decades-old AIDS scare that unfairly punishes HIV-positive people.

Published
09 March 2017
From
U.S. News & World Report
Advocates hope for change in HIV non-disclosure law after Ottawa meeting with provinces

Advocacy groups are hoping the law criminalizing HIV non-disclosure in Canada will change after a meeting between Ottawa and the provinces in the spring. Last month, a protest was held outside the ministry’s office to protest the “overly broad and unjust” charges relative to HIV disclosure. Ontario leads in the number of people charged with HIV status non-disclosure and 180 people have been charged across the country

Published
07 March 2017
From
Toronto Star
Russia: Government to examine possibility of removing HIV-specific criminal law and broadening prosecutions to all serious, communicable diseases under general ‘bodily harm’ laws

The Russian government is considering removing Article 122 (Infection with Human Immuno-deficiency Virus) from the Criminal Code, according to an article published earlier this month on the RBC website.

Published
28 February 2017
From
HIV Justice Network
Legalisation of sex work associated with lower prevalence of HIV in sex workers

Countries that have legalised some aspects of sex work have fewer sex workers living with HIV than countries that criminalise all aspects of sex work, according to

Published
07 February 2017
By
Roger Pebody
Bill would amend California's HIV criminal statutes

Legislation to be introduced Monday would update California’s laws criminalizing HIV, which were adopted during the height of the AIDS epidemic in the 1980s, so that a person could not be prosecuted for intentionally transmitting the virus if their sex partner tested negative for HIV.

Published
06 February 2017
From
The Pride
Malawi High Court Affirms Human Rights Approach to Criminalisation of HIV Transmission and Exposure

The appellant is a woman living with HIV who was convicted of negligently and recklessly doing an act which is “likely to spread the infection of any disease which is dangerous to life” under section 192 of the Malawi Penal Code for accidentally breastfeeding another person’s child. Her conviction and sentence have been overturned and set aside.

Published
01 February 2017
From
Southern African Litigation Centre
Guide to prosecuting HIV cases ‘undermining’ public health, critics say

An Ontario court has rejected the Ministry of the Attorney General’s attempt to keep secret a “practical guide” to prosecuting HIV exposure and transmission cases.

Published
16 January 2017
From
Toronto Star
Criminalization of HIV non-disclosure a bigger burden on women, advocates say

The Supreme Court of Canada has ruled that the consent someone gives to sexual activity can be considered null and void if a partner fails to disclose, or lies about, his or her HIV status.

Published
16 January 2017
From
Toronto Star
Infecting People With HIV Shouldn't Be A Crime… I Think

The impulse to criminalize non-disclosure of HIV status is one reason that the status is not freely disclosed. You can see how stopping a flirtatious encounter with a damn public service announcement — “Before we go any further, I should say that I have this thing. I barely know you, but please judge me and reject me as you see fit.” — is a high bar. Maybe it’s too high a bar to attach criminal penalties to those who fail to reach it.

Published
22 December 2016
From
Above the Law
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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
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