Publication Topic : HIV Criminalization

Privacy and disclosure: questions and answers on HIV-related privacy and disclosure issues for women’s service providers

This document addresses some common HIV-related legal questions of agencies that provide services to women in Canada. The information will help service providers inform and refer the women with whom they work to appropriate legal information and support when necessary. It will also present them with guidance about their responsibilities with respect to HIV-related information. … Read more

Women and HIV

A series of four info sheets on the human rights of women living with or vulnerable to HIV in Canada. Women in Prison, HIV and Hepatitis C Women and the Criminalization of HIV Non-Disclosure (updated February 2017) Women, Sex Work and HIV Women and HIV Testing

Statement to UN Human Rights Council, 19th Session, Thematic Panel Discussion on HIV/AIDS and Human Rights re: criminalization of HIV non-disclosure, exposure and transmission

“There are many human rights challenges that must be tackled in order to respond effectively to the ongoing, twinned pandemics of HIV and of HIV-related human rights abuses … we wish to highlight one phenomenon of growing global concern and relevance. “The epidemic of overly broad criminalization of HIV non-disclosure, exposure or transmission has: led … Read more

Factum of the Interveners at the Supreme Court of Canada: R v. Mabior and R v. D.C.

“These appeals raise the question of whether the offence of aggravated sexual assault can and should be established for HIV non-disclosure in circumstances where, in the Interveners’ submission, there is no ‘significant risk’ of transmission because of factors that dramatically reduce that risk, such as the use of condoms or an undetectable or low viral … Read more

HIV non-disclosure and Canadian criminal law: condom use

This document will inform you about: when there is a legal duty to disclose HIV-positive status; the current evidence about the risk of HIV transmission with and without condoms; the current state of the law about condom use and HIV disclosure; and why people who use condoms should not be prosecuted for not disclosing HIV-positive … Read more