Publication Topic : HIV Criminalization

Section 3: Useful case law and guidance (international) (Lawyers’ Resource Kit)

The context of criminal prosecutions related to HIV varies widely from jurisdiction to jurisdiction. This section highlights some important and useful case law internationally, guidelines for prosecutors which limit the pursuit of such cases as well as relevant guidance for judges on HIV, Human Rights and the Law. For more information about legal developments internationally, … Read more

Section 2: Learning about the law (Canada and other countries) (Lawyers’ Resource Kit)

This section provides detailed descriptions of the applicable national laws on HIV transmission and/or exposure, key decisions from national courts (some also included below in section 3), as well as articles from the relevant legal literature and other useful materials. It focuses on three countries — namely Canada, France and Switzerland — however, resources for … Read more

Section 1: Understanding your client and your case (Lawyers’ Resource Kit)

Some lawyers and service providers have lots of experience with HIV, while others may not have as much. There are a lot of common misconceptions about HIV — and left unchecked, they can pose problems for your client, in and out of the courtroom. This section includes basic information about HIV, HIV transmission and treatment, … Read more

Section 6: The case against overcriminalization (Lawyers’ Resource Kit)

This section provides information about the criminalization of HIV non-disclosure, exposure and/or transmission across the world as well as actions taken to reduce inappropriate use of the criminal law against people living with HIV. The section includes materials describing the challenges associated with HIV criminalization and its impact on public health and human rights. Global … Read more

Section 5: International recommendations (Lawyers’ Resource Kit)

This section provides international recommendations on the use of criminal law in cases of HIV non-disclosure, transmission and/or exposure. UN General Assembly, Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health African Commission on Human & People’s Rights, HIV, The Law and … Read more

Section 4: Understanding the science (Lawyers’ Resource Kit)

This section provides a detailed and fully referenced compilation of the latest scientific evidence and materials regarding treatment, per-act risks of HIV transmission and proving actual HIV transmission from one person to another. Overview Review of available scientific research, including the risk of HIV transmission during sexual relations and the nature of HIV F. Barré-Sinoussi … Read more