Positive Justice Project Proposed Resolution Submitted to President’s Advisory Council on AIDS (PACHA) On Ending Federal and State HIV-Specific Criminal Laws, Prosecutions and Civil Commitments

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.

Oslo Declaration on HIV Criminalisation

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.

 

Ten Reasons to Oppose the Criminalization of HIV Exposure or Transmission

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.