Spells out for the first time (on p23) that there must be “Non-criminalization of mother-to-child transmission” when a country applies for validation for the elimination of mother-to-child transmission of HIV. This marks the first time in public health history that human rights guarantees are considered a prerequisite to validating disease elimination.
This internal guidance from the Crown Prosecution Service (CPS) for England & Wales sets out how prosecutors should deal with cases where there is an allegation that the suspect/defendant has passed an infection to the complainant during the course of consensual sexual activity. It should be read in conjuction with the external CPS Policy for prosecuting cases involving the intentional or reckless sexual transmission of infection.
This Guidance Note aims to provide concrete recommendations to alternative complaints mechanisms on how to provide safe, accessible and effective remedies for vulnerable and key populations who experience health rights violations.
Alternative complaints mechanisms are, for the present purposes, understood as those processes identified to be able to receive and determine complaints relating to health care outside of formal court procedures. These include healthcare regulatory bodies, such as health professions councils and nursing councils; decentralised complaints processes, such as complaints processes within ministries of health or health facility-based complaints mechanisms; and national human rights commissions and ombudspersons.
Outlines the law and includes concrete recommendations for police that could be addressed in a general Best Practice Manual. Recommends the development of specific guidelines in relation to non-disclosure of HIV (and possibly other sexually transmitted infection) in consultation community stakeholders.
Provides technical assistance to ensure that HIV-related criminal laws and policies reflect contemporary medical and scientific understanding of the routes, risks, and consequences of HIV transmission.
Restates UNAIDS’ position on criminalisation and makes specific recommendations to help governments, policy-makers, law enforcement officials, and civil society limit the overly broad application of criminal law to HIV.