Understanding the Law

Providing advice to communities

This section includes resources designed to inform affected communities about laws criminalising HIV non-disclosure, exposure and transmission. Some also offer advice about what to do if a person with HIV is accused of putting another person at risk of infection without disclosing their HIV status. Resources include brochures, factsheets, guides, palm cards and videos.

Criminal law and HIV non-disclosure: What should PHAs do if they are concerned that they may be under investigation for allegedly failing to disclose their HIV-positive status?

Outlines what people with HIV should do if they are concerned they may be or they are being investigated by police.

HIV Disclosure to Sexual Partners: Questions & Answers for Newcomers

Includes information about the criminal law in Canada, public health, and specific implications for newcomers, including permanent residents, students, temporary workers, visitors, refugees, and people without immigration status.

Alternative links
Chinese / 中文, French /Français, Punjabi / ਪੰਜਾਬੀ ਦੇ, Spanish / Español

HIV non-disclosure and the criminal law: Implications of recent Supreme Court of Canada decisions for people living with HIV: Questions & Answers

This Q&A document provides an overview of the answers to commonly asked questions regarding the October 2012 Supreme Court of Canada decision around HIV disclosure.

Police Investigation Of HIV Transmission: A Guide for People Living with HIV in England, Wales and Northern Ireland

Includes guidance for community members explaining ‘Investigation Guidance relating to the Criminal Transmission of HIV’ for police forces in England, Wales and Northern Ireland.

Ending and Defending Against HIV Criminalization: A manual for advocates. Vol 3: This is how we win. A Toolkit for community Advocates

Contains numerous criminalisation documents (also listed separately on this site), including Ten things anyone can do to help end HIV criminalization, How a Bill becomes a law, State-level legislative advocacy cheat sheet, How to talk about HIV criminalization with elected officials, media and others.

Privacy and Disclosure for Youth Living with HIV or Hep C: Questions and Answers

This guide for youth between the ages of 15 and 29 focuses on some of the factors at play when young people living with HIV or hepatitis C (Hep C) are thinking about telling others about their HIV or Hep C status. Includes section on reducing the risk of criminal prosecution for non-disclosure to sexual partners.

Alternative links
http://www.aidslaw.ca/site/privacy-and-disclosure-for-youth-living-with-hiv-or-hep-c-questions-and-answers/?lang=fr

Indigenous Communities and HIV disclosure to sexual Partners – Questions and Answers

Provides important information about the law in Canada as it relates to HIV disclosure.

Reducing Human Rights Related Barriers to HIV & TB Services for Key and Vulnerable Populations: Legal Support Resource

The legal support resource is part of an on -going human rights programme with the goal of reaching key and vulnerable populations by utilising customised and targeted interventions. These interventions include activities on (1) legal empowerment;(2) training of paralegals on issues related to HIV, TB and human rights; (3) legal and paralegal support to community members whose human rights have been violated including pursuing identified matters to court; and (4) sensitisation of judiciary, law makers and traditional leadership especially those involved in traditional courts.

It gives practical information on current and evolving legislation, common law and policies pertaining to HIV and TB  in South Africa. The aim is to  educate, sensitise and provide updated information to paralegal and legal practitioners alike, who are engaged in offering legal advice and services to individuals and communities who serve members of the vulnerable and key populations.