News

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

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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

Australia: New campaign launched by state PLHIV organisation to amend HIV disclosure requirement in New South Wales’ Public Health Act

March 8, 2016

Positive Life’s Communications and Policy Officer, Scott Harlum (pictured), explains why the organisation will advocate for changes to HIV disclosure requirements in the Public Health Act as part of the review. The Public Health Act is a key piece of … More

Switzerland: Two (alleged) HIV transmission convictions this month despite many positive changes in law

February 22, 2016

On January 1st 2016, Switzerland’s Epidemics Act 2013 finally came into effect, which repeals and replaces the old Epidemics Act and in doing so, changes Article 231 of the Swiss Penal Code, which in the past has been used to … More

Register now for ARASA’s online course on HIV criminalisation; deadline March 8th

February 19, 2016

Applications are now invited for participation in the AIDS and Rights Alliance for Southern Africa (ARASA) 2016 online training course on the criminalisation of HIV transmission, exposure and non-disclosure. Civil society, policymakers and service providers – including health care providers … More

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