Outlines discussions at a community consultative meeting on HIV criminalisation attended by members of civil society from a range of countries within the Southern African Development Community (SADC). The meeting considered different perspectives on criminalisation, aiming to reach consensus on what constitutes an appropriate and effective response to harmful HIV-related behaviour.
The Compendium of Judgments, HIV, Human Rights and the Law
Includes judgements from jurisdictions around the world, representing enabling jurisprudence on HIV-related issues, including judgements related to the criminalization of HIV transmission, exposure and non-disclosure.
Consultation on Prosecutorial Guidelines for Ontario Cases Involving Non-disclosure of Sexually Transmitted Infections: Community Report and Recommendations to the Attorney General of Ontario
Aims to contribute to Ontario Ministry of the Attorney General (MAG)’s consideration of guidance to assist Crown counsel to make fair and timely decisions in cases based on allegations of nondisclosure of HIV or other sexually transmitted infections to a sexual partner. Reflects discussions, feedback and recommendations from community consultations. Recommends specific text with accompanying rationale.
Case Analysis: Section 24 of the HIV and AIDS Prevention and Control Act Kenya: Reviewing AIDS Law Project v Attorney General and Another (2015)
Overview of the Kenya High Court’s ground-breaking decision that some terms in the HIV and AIDS Prevention and Control Act were too broadly defined and that Act contravened Kenya’s constitution.
Punitive laws and practices affecting HIV responses in Kenya
Analyses punitive laws and policies undermining the effective delivery of services to PLHIV and those at risk of HIV infection. Flags laws and policies that violate Constitutional rights. Sets out an advocacy agenda for policy and legislative reform and improvement of law enforcement practices and community understanding of criminalisation issues.
HIV, Crime and the Law in Australia: Options for Policy Reform – a law reform advocacy kit
Divided into two sections, outlines the operation and effect of Australian public health law, criminal law and civil law in relation to HIV related prosecutions. Part 1 – pages 2-13. (Part two, is an advocacy kit including recommendations.)
The Global Criminalisation Scan Report
Provides global overview of the extent to which criminal and other laws have been used to prosecute people living with HIV for HIV transmission and exposure.
HIV Futures New Zealand (Mate āraikore a muri ake nei)
Notes that the current legal situation has led to discomfort and uncertainty around relationships, with 82% of PLHIV surveyed saying the current legal situation has limited their ability to form new relationships.
How Criminalization is Affecting People Living with HIV in Ontario
Examines how people living with HIV perceive the law and the legal obligation to disclose serostatus to prospective sexual partners. Notes perceptions of a changing public climate resulting from the increasing prominence of criminal discourses applied to HIV.
How health care and social service providers can support positive people
Designed to help health and service providers to support PLHIV who are thinking about disclosing their HIV status, the guide provides commentary on obstacles to disclosure, personal biases and concerns for public safety. Also lists agencies providing support for service providers.