Criminalisation of HIV Non-Disclosure, Exposure and Transmission: Scientific, Medical, Legal and Human Rights Issues
This paper was commissioned by the UNAIDS Secretariat to serve as a background paper for the Expert Meeting on Criminalisation of HIV Non-Disclosure, Exposure and Transmission, 31 August – 2 September 2011, Geneva, Switzerland. It synthesises general considerations concerning issues raised by the application of the criminal law to non-disclosure, exposure or transmission in relation to HIV Scientific, Medical, Legal and Human Rights Issues.
Position Statement on Harm Reduction
Acknowledges the harms caused by stigma and criminalisation. In particular, it acknowledges that the harms of criminalisation are borne disproportionally by Indigenous peoples in Canada. The Statement recognises that while people make their own health decisions, these decisions are only one factor influencing health outcomes.
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Policing Transmission
A review of police handling of criminal investigations relating to transmission of HIV in England and Wales, 2005-2008. The report was used as evidence to argue for both prosecutorial and police guidance. To get a sense of its findings and impact see also the aidsmap.com coverage of the launch of the report held in the UK House of Commons in January 2009.
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- Aidsmap.com report of launch
Risk of HIV Infection Per Single Sexual Exposure to an Individual Living with HIV, and Other Life Events Comparable Risk of Occurrence
Compares risk of HIV transmission from a single sexual encounter with odds of illness or death from other life events.
Projected life expectancy of people with HIV according to timing of diagnosis
Estimates the life expectancy of an HIV-infected MSM living in a developed country with extensive access to ART and healthcare. Finds that predicted life expectancy is relatively high in people with HIV who can access a wide range of antiretrovirals. Finds the greatest risk of excess mortality is due to delays in HIV diagnosis.
Estimating per-act HIV transmission risk: a systematic review
Reports analysis of recent studies on per-act HIV transmission risk and modifying factors. Includes risk associated with blood transfusion, vertical exposure, sexual exposures, and parenteral exposures. Finds the risk of HIV acquisition varied widely, with risk from sexual transmission substantially reduced by combined use of condoms and antiretroviral treatment of HIV-infected partners.
Heterosexual risk of HIV-1 infection per sexual act: systematic review and meta-analysis of observational studies
Reports findings from systematic review and meta-analysis of observational studies of the risk of HIV-1 transmission per heterosexual contact (43 publications based on 25 studies).
The Compendium of Judgments, HIV, Human Rights and the Law
Includes judgements from jurisdictions around the world, representing enabling jurisprudence on HIV-related issues, including judgements related to the criminalization of HIV transmission, exposure and non-disclosure.
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.
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