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How HIV Criminalisation Undermines the HIV Response

Research showing HIV criminalisation does not increase disclosure or safer sex practices, reduces access to healthcare, and increases stigma

What the Experts Say

Official statements by leading international and domestic agencies arguing against HIV criminalisation

Organising Advocacy

Resources outlining community views about HIV criminalisation and examples of advocacy to mitigate or end it

Understanding the Law

Documents analysing HIV criminalisation laws and their use, including precedent-setting cases, the stories of those accused, and community education advice

Initiating Policy & Law Reform

Resources explaining how to undertake policy and law reform, including examples of successful strategies

Supporting Fair & Robust Trials

Resources explaining how to intervene in a case and how scientific evidence should be used in court

Using Science to Prove your Argument

Academic articles outlining the science of HIV transmission and treatment

Working with Police

Resources describing how police investigate alleged HIV criminalisation cases and guidelines for police

Educating Prosecutors

Resources describing advocacy for prosecutorial guidelines to limit the overly broad use of the law and examples of prosecutorial policy and guidelines

Educating Judges

Educational resources targeting judges and reports from judicial discussions of HIV and human rights

Communications and Media

Resources about effective ways to communicate anti-criminalisation messages and how to work with media

Other Toolkits

Other toolkits produced for lawyers and advocates relating to HIV criminalisaiton or broader human rights advocacy
Reading list

Submission to the Parliamentary Joint Ad Hoc Committee on Socio-economic Development

Prepared by the National Working Group on the Sexual Offences Bill (18 organisations), the submission argues against creation of an offence of ‘criminal exposure of another to HIV’

Open civil society letter to the participants of the “Capacity building workshop on human rights and gender in HIV legal frameworks”

Raises serious human rights concerns about the N’Djamena “model law” and the national HIV laws that have followed it. Urges development of guidance on how countries should use legislation to respond to HIV.

Comments to Uganda’s Parliamentary Committee on HIV/AIDS and Related Matters about the HIV/AIDS Prevention and Control Bill

Argues that a draft HIV bill (2009) including a provision criminalising HIV transmission, contravenes the right to equal protection and non-discrimination under Uganda’s constitution and Uganda’s obligations under international human rights law. Furthermore, these provisions will prove counterproductive to reducing the burden of the HIV epidemic in the country.

The Positive Justice Project Steering Committee Voices Strong Opposition to Alabama Bill that Increases Penalties for Transmission of or Exposure to STIs

Letter to Alabama legislators about proposed laws to increase punishment for people convicted of exposure to or transmission of a sexually transmissible infection.

To learn about the global movement to end HIV criminalisation and how you can be part of it, visit HIV Justice Worldwide

  • http://www.hivjusticeworldwide.org

To read the latest news about HIV criminalisation laws, prosecutions and advocacy against them, visit the HIV Justice Network

  • http://www.hivjustice.net

For the full text of HIV-related laws and a snapshot of HIV criminalisation in each country, visit the Global HIV Criminalisation Database

  • https://www.hivjustice.net/global-hiv-criminalisation-database/