News

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

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Australia: Zaburoni v Queen legal analysis

June 26, 2016

This analysis is by David Buchanan SC, Barrister at Forbes Chambers, Sydney. It was originally published in LGBT Law Notes and is republished here with his permission. In a case that should reduce the extent of overcharging in HIV criminal … More

New report shows HIV criminalisation is a growing, global concern but advocates are fighting back

May 10, 2016

A new report released today shows that HIV criminalisation is a growing, global phenomenon. However, advocates around the world are working hard to ensure that the criminal law’s approach to people living with HIV fits with up-to-date science, as well … More

Justice Edwin Cameron: ‘Why HIV criminalisation is bad policy and why I’m proud that advocacy against it is being led by people living with HIV’

May 9, 2016

[This is the foreword to Advancing HIV Justice 2: Buiding momentum in global advocacy against HIV criminalisation, which will be published by the HIV Justice Network and GNP+ tomorrow, Tuesday May 10th.]   Since the beginning of the HIV epidemic, … More

Germany: Legal expert Jacob Hösl on the significance of recent Court rulings on HIV criminalisation

April 22, 2016

Prosecutions for potential or perceived HIV exposure and transmission in Germany primarily take place under Section 224 of the German Penal Code – attempted or actual grievious bodily harm – following a Federal Supreme Court decision in 1988 that condomless … More

Australia: Queensland people living with HIV organisation, QPP, issues position statement on HIV criminalisation (press release)

April 7, 2016

Queensland Positive People (QPP) is a peer-based advocacy organisation which is committed to actively promoting self-determination and empowerment for all people living with HIV (PLHIV) throughout Queensland. Below is their press release issued on 6 April 2016 in the light … More

France: National Aids Council President, Patrick Yeni, on why HIV criminalisation remains a problem for France

April 4, 2016

A year ago, in April 2015, the French National AIDS and Viral Hepatitis Council (Conseil national du sida et des hépatites virales, known simply as ‘CNS’) following extensive research into the law, nature of complaints and prosecutions, and their impact, … More

US: Missouri Supreme Court upholds overly broad HIV non-disclosure law following second constitutional challenge

March 16, 2016

The Missouri Supreme Court has upheld the conviction of a woman (known as ‘S.F.’) who did not tell her sexual partner that she was living with HIV before engaging in sex. At her original trial she was found guilty of … More

US: American Psychological Association adopts resolution opposing HIV criminalisation

March 16, 2016

The American Psychological Association (APA) has adopted an evidence-informed resolution on HIV criminalisation in the United States. It was developed with feedback from the APA Committee on Legal Issues and the HIV Medicine Association – who themselves issued a Policy … More

US: Republican Senator highlights Florida’s “archaic” HIV-specific criminal law, advocates for law reform in 2017

March 13, 2016

Last Thursday, March 10th Senator Rene Garcia introduced an amendment in the Florida Senate to an amendment of a bill he was co-sponsoring (SB 314) to highlight the damage done to the HIV response by the state’s overly broad HIV … More

Canada: Latest unjust HIV non-disclosure conviction highlights everything that’s wrong with Canada’s approach

March 9, 2016

Analysis: Canada’s newest sex offenders On March 1, a 29-year-old indigenous woman in Manitoba was sentenced to prison for the crime of aggravated sexual assault. More than four years ago, Marjorie Schenkels had sex without a condom with a friend … More

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