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.
This assessment ‘Legal Assessment of the Effectiveness of HIV Criminalisation Laws-from High to Low-Income Countries’ demonstrates why the enactment of an HIV-specific criminal law in Jamaica would be harmful to the national HIV response. It sets out the bases on which the recommendation for an HIV-specific criminal law should be rejected and highlights the need for public health policy considerations to centre the discussions surrounding HIV criminalisation in Jamaica.
Argues that criminalisation undermines HIV prevention efforts, calls for a clear distinction between moral and legal issues, and calls on the judiciary to reconsider the application of criminalisation against people with HIV.
Explains the main reasons the National AIDS Trust opposes criminal prosecutions for reckless HIV transmission, and the limited circumstances where prosecutions may be an appropriate response.
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.
This 2015 document from Positive Justice Project Steering Committee outlines their guiding principles for modernising or repealing HIV-specific criminal laws.
Provides technical assistance to ensure that HIV-related criminal laws and policies reflect contemporary medical and scientific understanding of the routes, risks, and consequences of HIV transmission.
Calls for federal action to address criminalisation including review of laws and cases.
Calls for the elimination of HIV-specific criminal laws and implementation of approaches to HIV consistent with the treatment of similar health and safety risks. Endorses the recommendations of the Presidential Advisory Council on HIV/AIDS for ending federal and state HIV-specific criminal laws, prosecutions, and civil commitments.
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.