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HIV and criminal law news


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Canada: Fear of Prosecution Over HIV Non-Disclosure Reduces HIV-Negative MSM Testing

According to a recently published study, fear of prosecution over HIV non-disclosure was reported to reduce HIV testing willingness by a minority of HIV-negative men who have sex with men (MSM).

03 April 2018
MD Magazine
Why this Nova Scotia boxer’s acquittal is big news for Canadian HIV criminalization

The case affirms that people with a low viral load are at negligible risk for transmitting HIV.

21 March 2018
New Toolkit Supports Advocates in Using Media to Fight for HIV Justice

When it comes to the widely misunderstood, complex issue of HIV criminalisation, media can be a powerful tool–or a blunt-force weapon. The purpose of a new critical media toolkit is to inform and equip global grassroots advocates who are engaged in media response to HIV criminalisation–and to demystify the practice of working with, and through, media to change the conversation around criminalisation.

15 March 2018
HIV Justice Network
Irish High Court rules teenager's HIV status need not be disclosed

Mr Justice Michael Twomey ruled that even if the woman was willing to have unprotected sex with the young man, and assume the risks associated with that, then the low risk of HIV in such circumstances, and the fact that HIV was not a terminal illness, could not justify breaching a patient's right to confidentiality, which should only be breached in exceptional circumstances.

13 March 2018
Police say false HIV claims over spitting were taken from national guidelines

Avon and Somerset Police still have not retracted their statement despite pressure from campaigners

30 January 2018
Bristol Post
Porn Empire Must Defend Itself Against Actors’ HIV Lawsuits’s insurance company is not responsible for these litigation costs, says a federal judge. Here’s why.

21 December 2017
Are We Punishing Diseases or Punishing People? An Interview With Trevor Hoppe

The movement to end laws that criminalize people living with HIV for exposure or transmission has gained momentum in the U.S. in recent years. However, HIV is by no means the first disease to be used to target marginalized people who happen to be living with it. sat down with Trevor Hoppe, Ph.D., an assistant professor of sociology with the University at Albany, State University of New York (SUNY), to discuss his new book, Punishing Disease: HIV and the Criminalization of Sickness (University of California Press, 2017).

11 December 2017
The Body
When HIV is criminalized: Rosemary Namubiru, nurse living with HIV

Rosemary Namubiru is a 67-year-old nurse living with HIV. She is a mother, grandmother and IAS Member. She was wrongfully accused of intentionally exposing a child to HIV while administering an injection in January 2014. The child did not acquire HIV. However, the accusations created a media firestorm, and she was arrested live on television. Originally charged with attempted murder, she was eventually convicted of criminal negligence. However, on appeal, the judge found that her initial three-year sentence was excessive and ordered her release after she served 10 months in prison. This is her story …

08 December 2017
International AIDS Society
Police accused of exaggerating risks of HIV to introduce spit guards

A police force has been accused of fear mongering and stigmatising sufferers of hepatitis C and HIV by playing up the risks of transmission of blood-borne viruses as a reason to introduce spit guards.

20 November 2017
The Guardian
Daryll Rowe guilty – but is criminal law the right way to stop the spread of HIV?

The trial has provoked much media comment, and his behaviour widespread condemnation – the details of Rowe’s actions, after all, are particularly shocking. But whatever judgement we might pass on Rowe’s behaviour from a moral or ethical perspective, the criminalisation of HIV transmission and exposure more generally raises a number of important questions, not least regarding its impact on HIV-related stigma and efforts to reduce, and ultimately eradicate, the virus.

19 November 2017
The Conversation

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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

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.