Aims to support community-based HIV organizations to develop policies and practices that help people living with HIV to control and navigate HIV disclosure decisions and actions.
Special issue on the ramifications of the current context of criminal prosecutions for non-disclosure of HIV status on nursing practice
Summarizes a full-day meeting of health providers to address nondisclosure prosecutions and nursing practice. Issues included criminal law and serostatus disclosure, public health legislation surrounding HIV care and management, civil liabilities related to HIV-related care, and professional regulations and standards that influence nursing practice. Report includes recommendations.
Do service providers have a legal obligation under the criminal law to report a client’s potentially criminal behaviour?
Explains that generally there is no obligation to report a crime to the police or provide the police with information about a client unless such a requirement is set out in a search warrant.
Position Statement on HIV Criminalization
States that criminal law is an ineffective and inappropriate tool to prevent HIV exposure and transmission because it dissuades people from accessing diagnostic and treatment services and compromises open and honest communication with nurses. Recommends that nurses advocate for the rights of people living with HIV/AIDS.
Legal and clinical implications of HIV non-disclosure: A practical guide for HIV nurses in Canada
Provides guidance on the complexities many nurses face working with people living with HIV including how to document advice on disclosure and responding to a search warrant.
Canadian Consensus Statement on HIV and its transmission in the context of the criminal law
Sets out in clear, concise, and understandable terms a collective expert opinion about HIV sexual transmission, transmission associated with biting and spitting, and HIV as a chronic manageable condition. Authored by six distinguished Canadian HIV clinicians and scientists.
Discussing the Limits of Confidentiality: The Impact of Criminalizing HIV Nondisclosure on Public Health Nurses’ Counselling
Found HIV criminalisation negatively impacts nursing practice as public health nurses endeavour to control information about the limits of confidentiality at the outset of HIV post-test counselling. Individual practice varies as nurses pragmatically balance ethical and professional concerns. Some intentionally withhold information about the risk of subpoena, while others talk to clients about confidentiality in ways that focus on the risk of harm associated with criminalisation.
Examining public health nurses’ documentary practices: the impact of criminalizing HIV non-disclosure on inscription styles
Found that public health nurses’ anticipation that medical and public health records could be used as evidence in court is affecting public health nurses’ reasoning and documentary practices during HIV post-test counselling. Nurses have real concerns that notes will be misinterpreted and given a legal significance contrary to their original purpose, and fear their professional competence could be attacked. Traditional counselling practices prioritising client care and risk reduction are in conflict with HIV criminalisation.
The impact of criminalization of HIV non-disclosure on the healthcare engagement of women living with HIV in Canada: A comprehensive review of the evidence
Concludes that HIV-related criminal laws either fail to influence or increase STI testing avoidance, unprotected anonymous sexual contacts, and avoidance of health care because respondents do not feel safe speaking with health professionals. Suggests HIV-related criminal laws compromise public health and clinicians’ abilities to establish therapeutic relationships and to undertake HIV prevention and treatment work.
HIV criminal prosecutions and public health: an examination of the empirical research
Concludes that HIV-related criminal laws either fail to influence or increase STI testing avoidance, unprotected anonymous sexual contacts, and avoidance of health care because respondents do not feel safe speaking with health professionals. Suggests HIV-related criminal laws compromise public health and clinicians’ abilities to establish therapeutic relationships and to undertake HIV prevention and treatment work.