This short guide from The Center for HIV Law and Policy published in 2013 provides suggested actions to further advocacy against HIV criminalisation, with associated resources.
Resolution on HIV Discrimination and Criminalization
Calls for the elimination of HIV-specific criminal laws and implementation of approaches to HIV consistent with the treatment of similar health and safety risks. Endorses the recommendations of the Presidential Advisory Council on HIV/AIDS for ending federal and state HIV-specific criminal laws, prosecutions, and civil commitments.
Resolution on Ending Federal and State HIV-Specific Criminal Laws, Prosecutions, and Civil Commitments
Calls for federal action to address criminalisation including review of laws and cases.
Guiding Principles for Eliminating Disease-Specific Criminal Laws
This 2015 document from Positive Justice Project Steering Committee outlines their guiding principles for modernising or repealing HIV-specific criminal laws.
From Sickness to Badness: The Criminalization of HIV in Michigan
Found that to justify a conviction or more severe punishment, prosecutors and judges often argued that HIV infection was a death sentence; that HIV is a deadly weapon; and that HIV-positive people are homicidal threats – despite fewer than 7% of cases involving alleged infection. Medical evidence was rarely invoked in the adjudication of cases. The study concludes that enforcement of HIV disclosure laws reflects pervasive, moralising narratives.
Best Practices Guide to Reform HIV-Specific Criminal Laws to Align with Scientifically-Supported Factors
Provides technical assistance to ensure that HIV-related criminal laws and policies reflect contemporary medical and scientific understanding of the routes, risks, and consequences of HIV transmission.
Disparate risks of conviction under Michigan’s felony HIV disclosure law: An observational analysis of convictions and HIV diagnosis, 1992-2010
Found uneven application of HIV criminalization laws in the state of Michigan, with black men and white women having a comparatively greater risk of conviction than white men or black women. White women had the highest conviction rate of any group analysed, suggesting they may face a particular burden under these laws. Many of the white women convicted were especially disadvantaged by issues such as poor mental health, substance abuse and homelessness.
Resolution of the Board of Directors of the National Association of Criminal Defense Lawyers Concerning HIV Criminalization
Opposes laws that base criminal liability and/or penalty on HIV status, rather than intent to harm. Argues that focus on knowledge of status as a key element of an HIV-related crime rather than intent and capacity to transmit the virus, is a classic example of an inadequate mens rea (or criminal intent) requirement and overly expansive criminalization.
Consensus Statement on The Criminalization Of HIV in the United States
The first national consensus statement by (a long list of) U.S. community organisations and individuals, released by the Positive Justice Project in July 2012. The Consensus Statement includes calls for an end to the use of specific laws and to prosecutions where there is no intent to cause harm and current science does not support the likelihood of transmission.
Position on the Criminalization of HIV, Sexually Transmitted Infections and Other Communicable Diseases
Highlights the detrimental effects of criminalization statutes and offers a statement of support for evidence-based prevention measures and interventions to reduce the spread of infectious diseases.