Designed to help governments and civil society review laws and policies based on human rights, and increase capacity to achieve enabling legal environments. Includes recommendations on criminalisation at pages 120-122.
South African Law Commission Report on Criminalisation of HIV Transmission
Presents findings from an enquiry undertaken at the request of the Parliamentary Justice Portfolio Committee following public pressure for ‘appropriate action’ regarding deliberate or knowing transmission of HIV infection. The report concludes that statutory intervention (HIV specific law) is neither necessary nor desirable.
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.
Reform of Offences Against the Person
Recommends replacing the outdated Offences Against the Person Act 1861 with a modified version of a 1998 draft Bill. Includes a detailed discussion of submissions by 35 concerned stakeholders (at chapter six: ‘transmission of disease’) .
A Roadmap for Change: Federal Policy Recommendations for Addressing the Criminalization of LGBT People and People Living with HIV
Makes recommendations to government agencies to improve the federal government’s strategy on HIV/AIDS. Also includes testimonials & policy recommendations to address cycles of criminalization of and discrimination against LGBT people. Includes specific section on criminalisation of HIV (pages 48 – 53).
Advancing HIV Justice 2: Building momentum in global advocacy against HIV criminalisation
Provides a progress report of achievements and challenges in global advocacy against HIV criminalisation from April 2013 to 30 September 2015.
Advancing HIV Justice: A progress report of achievements and challenges in global advocacy against HIV criminalisation
Provides a progress report of achievements and challenges in global advocacy against HIV criminalisation during the 18 month period, September 2011 to March 2013.
The Public Health Implications of Criminalizing HIV Non-Disclosure, Exposure and Transmission: Report of an International Workshop
Explores key themes from the first international meeting focused on strengthening new empirical research on criminalization. Offers suggestions for future research on the public health implications of criminalizing HIV non-disclosure, exposure and transmission.
International Consultation on the Criminalization of HIV Transmission: Summary of main issues and conclusions
Records discussions of legal experts and other stakeholders at a UNAIDS/UNDP meeting convened in the context of renewed calls for the use of criminal law to HIV sexual transmission. Discussions aimed to inform a UNAIDS/UNDP policy brief.
Technical consultation in collaboration with the European AIDS Treatment Group and AIDS Action Europe on the criminalization of HIV and other sexually transmitted infections, Copenhagen, 16 October 2006
Describes the work of the 2006 WHO technical consultation on the criminalization of HIV exposure and transmission, involving participants from all over Europe. Concludes that criminalization of HIV/STI transmission or exposure should be a last resort and only undertaken in a manner consistent with human rights conventions and laws. Argues that criminalization represents a failure of prevention efforts, with greater efforts required to overcome stigma and discrimination that undermine prevention.