News

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

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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

UK: Law Commission scoping consultation deadline this week; key findings and outputs from ‘Criminalizing Contagion’ seminar series may help inform the process

February 9, 2015

This week, the Law Commission – which reviews areas of the law in England and Wales that have become unduly complicated, outdated or unfair –  will conclude its scoping consultation of the reform the Offences Against The Person Act, the … More

Spain: Supreme Court upholds nine year sentence for ‘reckless’ HIV transmission; BBC Mundo publishes analysis

February 3, 2015

Spain’s Supreme Court last week upheld a nine-year prison sentence for a man, known as ‘ABM’, who did not disclose his HIV-positive status to his former partner, who is now also living with HIV.  Although the reports do not state under … More

Uganda: ‘HIV nurse’ Rosemary Namubiru loses conviction appeal, but still released from prison after almost a year [Updated with full judgement]

November 28, 2014

The High Court in Kampala has rejected an appeal from Rosemary Namubiru, who was convicted in May 2014 for negligently exposing a child to HIV during a needlestick injury. However, Justice Rugadya Atwooki found that her original three year sentence was excessive … More

Canada: Social media campaign ‘Think Twice’ uses video to ask gay men to reconsider pressing charges for HIV non-disclosure

November 23, 2014

Last week saw the launch of a new phase of a targeted social marketing campaign by AIDS ACTION NOW! (AAN) that features 42 short videos from members and allies of Toronto’s LGBTQI community. ‘Think Twice’ asks HIV-negative and untested gay, … More

Nepal: Draft criminal code prohibiting infectious disease transmission singles out people with HIV and hepatitis B

November 3, 2014

Lawmakers in Nepal are considering a draft law that singles out people with HIV and hepatitis B, contrary to recommendations from UNAIDS and the Global Commission on HIV and the Law. According to the draft text, tweeted by IRIN Humanitarian … More

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