Review of existing studies to show that a person with HIV who has no other sexually transmissible infection, has adhered to antiretroviral therapy (ART) for at least 6 months to achieve completely suppressed viremia, and is monitored by an attending physician cannot pass on the virus through sexual contact.
Identifies key problems with criminal law approaches to HIV prevention, and outlines principles to guide laws or prosecutions targeting people with HIV or other STIs. Recommends federal review of HIV-specific laws, convictions and related penalties; modernization of laws and practices to reflect current science and knowledge about HIV; and the application of standards of proof and process normally applied to individuals facing criminal charges.
Outlines the impact of the criminalization of HIV on women, and sets research and advocacy priorities to inform policy and practice.
Outlines the importance of a cohesive, evidence-informed approach to use of criminal law relating to HIV non-disclosure, exposure and transmission. Urges Ministries of Health and Justice, public health officials, policymakers and criminal justice system actors to ensure a proportionate response to HIV transmission risk.
Commentary includes clear statements outlining many ways that criminalisation undermines effective HIV response.
Includes comment (at page 40) that States must reform laws that impede the exercise of the right to sexual and reproductive health. Examples include laws criminalizing non-disclosure of HIV status, and exposure to and transmission of HIV.
Mexico International AIDS Conference 2008 – Closing Plenary Speech by Justice Edwin Cameron. Outlines cases and details many of the problems with criminalisation.
Argues that applying criminal law to HIV exposure or transmission does nothing to address the epidemic of gender-based violence or the deep economic, social, and political inequalities that are at the root of women’s and girls’ disproportionate vulnerability to HIV.
Provides ten reasons why criminalizing HIV exposure or transmission is unjust and ineffective public policy. Argues criminalization is unlikely to prevent new infections or reduce women’s vulnerability to HIV. Instead, criminalisation may harm women and has a negative impact on public health and human rights.