Fundamentals

Twitter

  • Australia: How to achieve #HIV criminal law reform - Repealing Section 19A: How we got there, by @paulkidd http://t.co/QdvT4dJYDM #Repeal19A 28 May 2015
  • Australia: Victoria’s HIV-specific criminal law, Section 19A, finally repealed today http://t.co/Axm9iHkE92 @paulkidd @livingposvic @VACorg 28 May 2015
  • Australia: Victoria's HIV-specific criminal law, #19A, finally repealed. Live Tweets as it happened from @paulkidd https://t.co/VWVU5uKOqI 28 May 2015
  • US: Texas law #SB779 that would have allowed HIV test results to be used in any criminal proceedings is now dead. Advocacy and sanity wins! 27 May 2015
  • Malawi: High Court rules mandatory HIV testing is unconstitutional. Congrats to the 11 litigants and @Follow_SALC http://t.co/yUeCt27tvU 22 May 2015
  • Canada's legal approach to HIV non-disclosure and 'treatment as prevention' policies are not compatible http://t.co/Fx2bWLRhSr #HIVCan 21 May 2015
  • Czech Republic: Public Health Protection Act passed yesterday without controversial mandatory HIV testing provision for key populations. 21 May 2015
  • Czech Republic: Yesterday the Chamber of Deputies removed the mandatory HIV testing provision from the Public... http://t.co/shEV4f1Vvz 21 May 2015
  • Russia: Man gets 3 years in prison for allegedly infecting his girlfriend without disclosing he was living with HIV. http://t.co/g4UhzbfxoK 20 May 2015
  • @wondermann5 Yes, there have been hundreds, if not thousands, of unjust HIV prosecutions in the US and globally! See: http://t.co/3wTOE1g0tL 15 May 2015
  • RT @IDsMic: #MichaelJohnson faces life in prison for infecting another with HIV — and that is unacceptable http://t.co/NaI2QnWNXL http://t.… 15 May 2015
  • RT @aaronlaxton: If judge follows jury's recommendations #MichaelJohnson will be 75 y/o when he is released from prison. 15 May 2015
  • MT @C4SexualJustice: 'Tiger Mandingo' is guilty because Missouri law ignores science #MichaelJohnson #HIVisnotacrime http://t.co/IROOYwom9Z 15 May 2015
  • RT @AIDSLAW: Defence lawyer Shime: it's important, necessary for scientific experts to step up, assist court to understand #HIV, limit crim… 01 May 2015
  • RT @AIDSLAW: Defence lawyer Jonathan Shime: outlines racialization of #HIV criminalization in Canada, particular impact on Black men #CAHR201 May 2015
  • RT @AIDSLAW: Key roles for scientists in limiting unjust #HIV criminalization include educating crim justice actors, testifying as experts … 01 May 2015
  • RT @AIDSLAW: Cécile Kazatchkine of @AIDSLAW gives overview of current troubling scope of #HIV criminalization in Canadian law per #SCC Mabi… 01 May 2015
  • RT @MalikaHSharma: great overview of how & why #HIV #criminalization bad for ppl & public health #CAHR2015 @HIVJusticeNet #notevidencebased01 May 2015
  • RT @AIDSLAW: @edwinjbernard: scientists, clinicians have played and will play a key role in limiting unjust, overbroad #HIV criminalization… 01 May 2015
  • RT @AIDSLAW: @edwinjbernard: scientific evidence *has* in fact helped limit #HIV criminalization in other countries, less so in Canada so f… 01 May 2015

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.