Fundamentals

Edwin J. Bernard
Published: 18 July 2010

Twitter

  • RT @CtrHIVLawPolicy: “The purpose of criminalization is to control our bodies and disempower our communities!” — Chris Abert, Indiana Recov… 06 Jun 2018
  • RT @MyFabDisease: LIVE: How #Sex work, #drug and #syringe use, #Immigrants and #trans people are all #criminalized. Amazing panel! Here: ht… 06 Jun 2018
  • A well-deserved win for this important contribution to HIV Justice WORLDWIDE! #HIVisnotacrime #HIVjustice Congratu… https://t.co/pHOVGLNeoy 05 Jun 2018
  • RT @MyFabDisease: WATCH the thrilling "Racial Justice" plenary happening now at #HIVIsNotACrime https://t.co/hJsAiQoF5s #HIV #BlackLivesMat05 Jun 2018
  • RT @MyFabDisease: Watch now: livestream of #HIVisnotacrime with a panel of people who were jailed for their #HIV status. Watch on this FB p… 04 Jun 2018
  • RT @uspwn: Edwin Bernard of @HIVJusticeNet talks about efforts all over the world and right here at home at #HINAC3 #HIVIsNotACrime https:/… 04 Jun 2018
  • RT @MyFabDisease: Watch the #HIVISNOTACRIME opening session right now, right here: https://t.co/SiIgsswpNg #HIV #HINAC3 03 Jun 2018
  • Get instant notifications of when we are live streaming from the HIV is Not a Crime Training Academy (#HINAC3) by l… https://t.co/ZtJVIurgXU 03 Jun 2018
  • We are at @HIVIsNotACrime (#HINAC3) and will be livestreaming the opening, plenary and closing sessions onto:… https://t.co/2P3SPT779H 03 Jun 2018
  • RT @uspwn: Breaking! The program for #HIVIsNotACrime III Training Academy is out! Learn more & check it out. Also, TODAY is the last day to… 01 Jun 2018
  • Live webcast of #HIVisNotaCrime will be brought to you by the HIV Justice Network on behalf of HIV Justice Worldwid… https://t.co/DKQ4vE3Xl8 01 Jun 2018
  • Tickets are available again - register now to ensure you get a say in the programme. https://t.co/99l58pnQsN 29 May 2018
  • DeBalie is filling fast so register now for Beyond Blame 2018: Challenging HIV Criminalisation, Amsterdam, Monday 2… https://t.co/FTA2WzVjt0 24 May 2018
  • RT @KELINKenya: .@AIDS_Free_World’s Legal Consultation Centers provide delegates and the public with free with attorneys on #HIV & law. Are… 23 May 2018
  • We're almost half-full already, so if you want to share your experiences, or learn more about, ending HIV criminali… https://t.co/skvEu5Z3yY 23 May 2018
  • RT @HIVJusticeNet: Register now for #BeyondBlame2018: Challenging #HIVCriminalisation De Balie, Amsterdam, 23 July 2018 #HIVJusticeWorldwid17 May 2018
  • RT @Beyond_Positive: NEW BLOG: 'Changing my mind on HIV by criminalisation' by @PatchworkSteve “If you had a dog, and that dog had rabies… 10 May 2018
  • Register now for #BeyondBlame2018: Challenging #HIVCriminalisation De Balie, Amsterdam, 23 July 2018… https://t.co/9xAvewQRBV 09 May 2018
  • Register now for #BeyondBlame2018: Challenging #HIVCriminalisation, De Balie, Amsterdam, 23 July 2018… https://t.co/90XJUNnqFj 09 May 2018
  • Mexico: Supreme Court finds Veracruz law criminalising ‘wilful transmission’ of HIV and STIs to be unconstitutional… https://t.co/GhT3Fbun0y 01 May 2018

An overview of HIV and the role of criminal law

There will be calls for ‘law and order’ and a ‘war on AIDS’. Beware of those who cry out for simple solutions, for [in] combating HIV/AIDS there are none. In particular, do not put faith in the enlargement of the criminal law.

Justice Michael Kirby, High Court of Australia, 19911

When discussing issues related to the role of the criminal law in regards to potential or actual HIV exposure or transmission, a common frame of reference for key facts and concepts is required. In particular, it is important to understand where the use of the criminal law might fit within the broader context of the global HIV epidemic and evidence-informed methods of HIV prevention. The purpose of this chapter is to provide such a frame of reference in relation to the following topics:

  • the global HIV pandemic
  • evidence-informed HIV prevention
  • the challenge of HIV-related stigma
  • the role of human rights in the global response to HIV
  • the role of the law in the global response to HIV.

References

  1. Kirby M The Ten Commandments. [Australian] National AIDS Bulletin, March 1991
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
close

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.