Reading list

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.

Conflicting messages: How criminal HIV disclosure laws undermine public health efforts to control the spread of HIV

Demonstrates how HIV disclosure laws disregard the effectiveness of universal precautions and safer sex, while criminalizing activities that are central to harm reduction efforts. Argues that criminalization uses disclosure-based HIV transmission prevention strategy as an implicit alternative to risk reduction and safer sex, undermining public health efforts. Describes how criminal HIV disclosure laws work against public health efforts to reduce HIV stigma.

Criminal Law and Public Health Practice: Are the Canadian HIV Disclosure Laws an Effective HIV Prevention Strategy?

Considers the effect of HIV criminalisation on HIV prevention, finding that although criminal laws might prevent HIV transmission in a few isolated cases, it is unlikely they would influence overall population-level rates of HIV transmission. Some evidence suggests these laws could exacerbate HIV transmission.

The Case Against Criminalization of HIV Transmission

Argues that although criminal law has been invoked throughout the HIV epidemic, the public health community has neither favoured its use nor taken a vigorous stand against it. States criminal law cannot draw reasonable lines between criminal and noncriminal behaviour, or prevent HIV transmission. For women, it is a poor substitute for policies that go to the roots of subordination and gender-based violence.