Considers States’ obligations to bring laws and regulations affecting sexual health into alignment with human rights laws and standards. Includes recommendations on HIV criminalisation.
Criminalization of HIV transmission Policy Brief
Urges governments to limit criminalisation of HIV to cases of intentional transmission. Argues that criminal law should not be applied in a range of circumstances, including where there is no significant risk of transmission.
International Community of Women Living with HIV (ICW) Position Statement on Criminalization of Women Living with HIV
Argues that criminalisation of women living with HIV for non-disclosure, exposure or transmission undermines public health strategies and increases risk of violence against women. Includes recommendations.
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.
Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
Commentary includes clear statements outlining many ways that criminalisation undermines effective HIV response.
General Comment No. 22 (2016) on the Right to sexual and reproductive health (article 12 of the International Covenant on Economic, Social and Cultural Rights).
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.
Ending overly broad criminalisation of HIV non-disclosure, exposure and transmission: Critical scientific, medical and legal considerations
Restates UNAIDS’ position on criminalisation and makes specific recommendations to help governments, policy-makers, law enforcement officials, and civil society limit the overly broad application of criminal law to HIV.
More Harm than Good
Filmed at an international meeting on HIV prevention and criminal law in Toronto in April 2013, More Harm than Good features interviews with social scientists, researchers and legal and public health experts describing the public health impact of HIV criminalisation.
Criminalizing consensual sexual behaviour in the context of HIV: Consequences, evidence, and leadership
Provides an overview of the use of the criminal law to regulate sexual behaviour in three areas, including HIV exposure during consensual sex. The paper highlights negative effects of HIV criminalisation and argues that strong institutional leadership from UN agencies is required.
Criminal statutes and criminal prosecutions in the epidemic: help or hindrance?
Mexico International AIDS Conference 2008 – Closing Plenary Speech by Justice Edwin Cameron. Outlines cases and details many of the problems with criminalisation.