Initiating Policy & Law Reform

Getting the issues into National Strategy

Sometimes HIV criminalisation reform requires changes to public policy and programs instead of, or additional to, law reform. The following resources include targeted advocacy at program or policy level.

Positive Justice Project Proposed Resolution Submitted to President’s Advisory Council on AIDS (PACHA) On Ending Federal and State HIV-Specific Criminal Laws, Prosecutions and Civil Commitments

Identifies key problems with criminal law approaches to HIV prevention, and outlines principles to guide laws or prosecutions targeting people with HIV or other STIs. Recommends federal review of HIV-specific laws, convictions and related penalties; modernization of laws and practices to reflect current science and knowledge about HIV; and the application of standards of proof and process normally applied to individuals facing criminal charges.

UNAIDS calls on Greece to protect sex workers and their clients through comprehensive and voluntary HIV programmes

UNAIDS expresses its concerns about the Greek Government’s treatment of alleged sex workers and also asylum seekers who may have an infectious disease.

Alternative links
French / Français, Russian / РУССКИЙ , Spanish / Español,

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A Roadmap for Change: Federal Policy Recommendations for Addressing the Criminalization of LGBT People and People Living with HIV

Makes recommendations to government agencies to improve the federal government’s strategy on HIV/AIDS. Also includes testimonials & policy recommendations to address cycles of criminalization of and discrimination against LGBT people. Includes specific section on criminalisation of HIV (pages 48 – 53).

How to change the law

Ground-breaking research from the Human Dignity Trust offering a step-by-step analysis of how the reform of discriminatory sexual offence laws has been achieved and identifying how it can be replicated. Countains a series of reports investigating in detail how countries in four regions of the world have recently reformed outdated and discriminatory sexual offences laws.

Evidence for eliminating HIV-related stigma and discrimination – Guidance for countries to implement effective programmes to eliminate HIV-related stigma and discrimination in six settings

This report reviews the latest evidence on what works to reduce HIV-related stigma and discrimination through key programmes to reduce stigma and discrimination and increase access to justice in the six settings of focus for the Global Partnership, including Justice. It includes guidance and recommendations for national governments and key stakeholders to implement programmes to empower populations “being left behind”; remove laws criminalising drug use or possession for personal use, all aspects of sex work, sexual orientation, gender identity, and HIV exposure, non-disclosure and transmission and to routinely review existing laws, regulations and policies relating to HIV.

Alternative links
Portuguese, French, Spanish, Russian

Evaluation of the Global Commission on HIV and the Law

Findings from an external evaluation of the impacts and legacy of the Global Commission on HIV and the Law. It explores the fulfilment of the Commission’s objectives, taking into account the perspectives and experiences of representatives from government, including law and policy makers, civil society including those most marginalised and affected by HIV, as well as United Nations agencies and other development partners.

Mitigating criminalisation of HIV transmission: England & Wales

Many countries across Europe have seen prosecutions of people with HIV for transmission, exposure or even just perceived exposure of HIV. Laws and responses have varied. This case study looks at approaches taken by people in England & Wales in response to what they saw as the inappropriate use of criminal law to prosecute people with HIV for transmission-related “crimes”.