News

The latest news written for the HIV Justice Network by Edwin J Bernard

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World Health Organization publishes analysis of impact of overly broad HIV criminalisation on public health

June 30, 2015

A new report from the World Health Organization, Sexual Health, Human Rights and the Law, adds futher weight to the body of evidence supporting arguments that overly broad HIV criminalisation does more harm than good to the HIV response. Drawing … More

Nigeria: Senate passes law criminalising HIV non-disclosure, exposure and transmission with vague and overly broad statutes in the Sexual Offences Bill

June 4, 2015

Yesterday, Wednesday, June 3, the Sexual Offences Bill, sponsored by Senator Christiana Anyanwu, (pictured above) was passed into law by the Nigerian Senate. The new law contains a number of problematic provisions relating to “HIV or any other life threatening … More

International Community of Women Living with HIV (ICW) publish updated position statement on overly broad HIV criminalisation

June 3, 2015

The International Community of Women Living with HIV (ICW) have published an updated position statement on the criminalisation of women living with HIV for non-disclosure, potential or perceived exposure, and transmission. The statement highlights many problems with overly broad HIV … More

Australia: Victoria’s HIV-specific criminal law, Section 19A, finally repealed today

May 28, 2015

In a joint media release, Living Positive Victoria and the Victorian AIDS Council have welcomed the passage of the Crimes Amendment (Repeal of Section 19A) Act 2015 by the Victorian Parliament. The Act repeals Australia’s only HIV-specific law criminalising the … More

U.S. Court of Appeals for the Armed Forces Vacates HIV Aggravated Assault and Reckless Endangerment charges in Case of LTC Kenneth Pinkela (Press Release)

April 24, 2015

Press Release from The Sero Project Ken Pinkela serves as a member of Sero’s Advisory Board. New York, NY April 24, 2015: The United States Court of Appeals for the Armed Forces (CAAF) has vacated HIV-related Aggravated Assault and Reckless … More

US: REPEAL HIV Discrimination Act reintroduced by Congresswoman Barbara Lee even as some US states propose new HIV-specific criminal laws

April 20, 2015

The past month or so has seen a huge amount of activity around overly broad HIV criminalisation in the United States, culminating the reintroduction of the REPEAL HIV Discrimination Act by Congresswoman Barbara Lee. As well as on-going arrests and … More

Germany: Aachen Court re-evaluates key ‘mens rea’ requirement in German law, rules HIV transmission without disclosure is negligent injury, not intentional harm

March 30, 2015

Last week, for the first time a German court ruled that HIV transmission without prior disclosure was negligent injury, rather than intentional harm. The District Court of Aachen sentenced a 43 year-old man to one year and nine months on … More

Brazil: HIV-specific criminal law introduced amid media frenzy and moral panic over ‘barebacking’ gay subculture

March 27, 2015

On April 2nd 2015, a simply worded amendment to Article 1 of Law No. 8072 of July 25, 1990 – covering ‘heinous crimes’ – will be presented to the Brazilian Parliament by the populist Congressman, Pompeo de Mattos. The amendement, draft Bill … More

US: Court of Appeals for the Armed Forces acknowledges per-act sexual HIV exposure risk, limiting future military prosecutions for HIV non-disclosure as aggravated assault

February 25, 2015

The US Court of Appeals for the Armed Forces (CAAF) has reversed the 2011 aggravated assault conviction (upheld by the US Air Force Court of Criminal Appeals in 2013) of Airman David Gutierrez for potentially exposing a number of sex … More

Zimbabwe: HIV-specific criminal law on trial; ZLHR launches campaign highlighting impact of overly broad HIV criminalisation on women

February 17, 2015

Tomorrow, Zimbabwe’s HIV-specific criminal statute, Section 79 of the Zimbabwe Criminal Law (Codification and Reform) Act 23 of 2004 will be on trial itself, facing its first-ever challenge in the Constitutional Court. The Court will hear arguments on behalf of … More

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