Educating Judges

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Judicial Resources

While there is no specific handbook for judges on criminalisation of HIV non-disclosure, exposure and transmission, there are numerous judicial resources framing HIV in a human rights context.

Judicial Handbook on HIV, Human Rights and the Law in Uganda

https://uganet.org/wp-content/uploads/2022/03/Judicial-Handbook-on-HIV-and-the-LAW.pdf

The Judicial Handbook on HIV, Human Rights and the Law in Uganda comprises of five parts that address the issues relating to HIV/AIDS and raises pertinent issues relating to its existence as may affect Judges’ decisions as well as possible recommendations for a start. Specifically, it has a background in which the current status of the HIV/AIDS epidemic and response to it is included.

  • Part I enunciates the International Law and Human Rights Frameworks as applicable to HIV/AIDS in Uganda
  • Part II concentrates on the National Law and Human Rights Frameworks as applicable to HIV in Uganda.
  • Part III is about gaps/issues/shortfalls in national law and human rights frameworks as applicable to HIV and discusses policies on HIV.
  • Part IV pertains to criminalization of transmission of HIV and its adverse effects.
  • Part V is about things to remember when judging and adjudicating HIV cases, what the disposition of a judicial officer should be as well as the role of a judicial officer in the courtroom whilst handling such cases.

 

Author
UGANET
Reference
10/12/2021
Format
Guidance
Countries
Uganda

The Compendium of Judgments, HIV, Human Rights and the Law

http://www.undp.org/content/undp/en/home/librarypage/hiv-aids/compendium-of-judgment-for-judicial-dialogue-on-hiv--human-right.html

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.

Author
UNDP
Reference
2013
Format
Report
Countries
Global

Judging the epidemic: A judicial handbook on HIV, human rights and the law

http://www.unaids.org/sites/default/files/media_asset/201305_Judging-epidemic_en_0.pdf

Prepared as a resource to help judges, magistrates, arbitrators and other judicial officers throughout the world adjudicate cases involving HIV-related issues. Based on international legal and human rights standards, the handbook contains examples of decided cases from different jurisdictions, good-practice advice and judicial rulings on HIV-related issues.

Author
UNAIDS, Canadian HIV/AIDS Legal Network
Reference
2013
Format
Guide
Countries
Global

Access to Justice for Healthcare Violations: A Guidance Note for Complaints Bodies

https://www.southernafricalitigationcentre.org/wp-content/uploads/2017/08/Policy-Brief-4.0.pdf

This Guidance Note aims to provide concrete recommendations to alternative complaints mechanisms on how to provide safe, accessible and effective remedies for vulnerable and key populations who experience health rights violations.

Alternative complaints mechanisms are, for the present purposes, understood as those processes identified to be able to receive and determine complaints relating to health care outside of formal court procedures. These include healthcare regulatory bodies, such as health professions councils and nursing councils; decentralised complaints processes, such as complaints processes within ministries of health or health facility-based complaints mechanisms; and national human rights commissions and ombudspersons.

Author
Southern Africa Litigation Centre (SALC)
Reference
2017
Format
Guidance Note
Countries
Africa

Opinion followed by recommendations on the criminalisation of the sexual transmission of HIV in France

https://cns.sante.fr/wp-content/uploads/2016/06/2015-02-19_avi_en_politique_publique.pdf

Presents an assessment of the legal, ethical, societal and health issues raised by criminal proceedings brought in France for acts of transmission or exposure to the risk of sexual transmission of HIV.

Author
French National AIDS Council
Reference
2015
Format
Position Statement
Countries
France

Expert consensus statement on the science of HIV in the context of criminal law

https://onlinelibrary.wiley.com/doi/full/10.1002/jia2.25161

Twenty scientists from regions across the world developed this Expert Consensus Statement to address the use of HIV science by the criminal justice system. Description of the possibility of HIV transmission was limited to acts most often at issue in criminal cases. The authors recommend that caution be exercised when considering prosecution, and encourage governments and those working in legal and judicial systems to pay close attention to the significant advances in HIV science that have occurred over the last three decades to ensure current scientific knowledge informs application of the law in cases related to HIV.

Author
Barré‐Sinoussi, F., Abdool Karim, S. S., Albert, J., Bekker, L.‐G., Beyrer, C., Cahn, P., Calmy, A., Grinsztejn, B., Grulich, A., Kamarulzaman, A., Kumarasamy, N., Loutfy, M. R., El Filali, K. M., Mboup, S., Montaner, J. S. G., Munderi, P., Pokrovsky, V., Vandamme, A.‐M., Young, B. and Godfrey‐Faussett, P.
Reference
J Int AIDS Soc. 2018; 21(7):e25161
Format
Consensus Statement
Countries
Global
Alternative links
Expertní prohlášení k vědeckým poznatkům o HIV v kontextu trestního práva ,

HIV and AIDS and Labour Rights: A Handbook for Judges and Legal Professionals

https://www.ilo.org/aids/Publications/WCMS_228498/lang--en/index.htm

“This Handbook aims to assist judges and legal professionals in handling HIV and AIDS-related matters with a focus on employment and occupation. It provides information on relevant national and international law and its application in domestic courts operating in diverse legal traditions and frameworks.” ILO

Author
International Labour Organization (ILO)
Reference
2015
Format
Manual
Countries
Global