Reading list

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.

 

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Narratives of HIV: measuring understanding of HIV and the law in HIV-positive patients

Found PLHIV’s understanding of legal obligations about HIV risk behaviours was poor and patchy, with behavioural restrictions often overstated. PLHIV remain at risk of prosecution through poor understanding of the law.

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.

 

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Spanish / Español, Russian / Русский

Criminal Law, Public Health and HIV Transmission: A Policy Options Paper

Proposes principles to guide thinking about law and policy on criminal law and HIV, considers alternative to criminalization, and makes recommendations about appropriate use of criminal sanctions and coercive public health measures.