Explains how an epidemic of HIV criminalisation laws spread across the West and Central Africa regions enabled by model laws (the N’Djamena Model Law) drafted by USAID.
Unsafe law: health, rights and the legal response to HIV
Suggests that, while important, rights-based arguments are an insufficient basis for advocacy, with legal scholarship and research having an important role to play. Argues that policy-makers, legislators and those responsible for interpretation and enforcement of law must base their HIV response not on populist morality but on the strong evidence base provided by three decades of clinical, scientific and social research.
Criminal HIV exposure laws: Moving forward
Asks whether “after more than 25 years one has to wonder if researchers and advocates might be simply ‘preaching to the choir’”. Argues that advocacy will benefit from applying more time to understanding the systems and beliefs that allow HIV criminalisation to endure.
Motivations for Punishing Someone Who Violates HIV Nondisclosure Laws: Basic Research and Policy Implications
Suggests the general public is likely to endorse HIV criminalisation as fair and credible if used to punish actions that cause considerable harm. While it may not be possible to gain public support for a sweeping elimination of HIV criminalisation laws, a realistic advocacy agenda may involve arguments for limiting statutes and prosecutions to egregious cases where considerable harm is caused.
Criminal laws on sex work and HIV transmission: Mapping the laws, considering the consequences
Presents a public health law mapping of U.S. states that mandate HIV testing and criminalize HIV positive sex workers. Shows HIV transmission and exposure laws interact with sex work laws to compound criminal penalties for people charged with prostitution related crimes. Argues that decriminalization of sex work and HIV transmission and exposure is integral to effectively address the HIV epidemic.
“Criminalization Creep”: A brief discussion of the criminalization of HIV/AIDS nondisclosure in Canada
Provides an overview and analysis of criminal cases of HIV exposure and transmission to 2010, and proposes policy options for addressing the problems posed by the criminalization of HIV non-disclosure.
HIV Non-Disclosure and the Criminal Law: Establishing Policy Options for Ontario
Provides an overview and analysis of criminal cases of HIV exposure and transmission to 2010, and proposes policy options for addressing the problems posed by the criminalization of HIV non-disclosure.
Who? What? Where? When? And with what consequences?: An analysis of criminal cases of HIV non-disclosure in Canada
Explores the evolution of the criminalization of HIV non-disclosure in Canada, focusing on “criminalization creep”: increasing numbers of people being charged with increasingly severe crimes.
Legislation Contagion: Building Resiliance
Addresses the sudden introduction of new criminalisation laws in Africa (to 2008).
Prevalence and public health implications of state laws that criminalize potential HIV exposure in the United States
Describes the prevalence and characteristics of laws criminalizing HIV exposure across the U.S., examining the implications of these laws for public health practice. Finds that nearly two-thirds of states have legislation criminalizing potential HIV exposure, including behaviours that pose low or negligible risk. States are encouraged to re-examine HIV-specific laws (referencing current science) and consider whether current laws are the best vehicle to achieve their intended purposes.