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News by the HIV Justice Network

Global: AIDS 2010 round-up part 2: Posters

19 August 2010
Austria Canada Switzerland Law and policy reform Events Resources Social science Research
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This selection of posters presented in Vienna follows up from my previous AIDS 2010 posting on the sessions, meetings and media reporting that took place during last month’s XVIII International AIDS Conference.  I’ll be a highlighting a few others in later blog posts, but for now here’s three posters that highlight how the law discriminates; why non-disclosure is problematic to criminalise; and how political advocacy can sometimes yield positive change.

In Who gets prosecuted? A review of HIV transmission and exposure cases in Austria, England, Sweden and Switzerland, (THPE1012) Robert James examines which people and which communicable diseases came to the attention of the criminal justice system in four European countries, and concludes: “Men were more likely than women to be prosecuted for HIV exposure or transmission under criminal laws in Sweden, Switzerland and the UK. The majority of cases in Austria involved the prosecution of female sex workers. Migrants from southern and west African countries were the first people prosecuted in Sweden and England but home nationals have now become the largest group prosecuted in both countries. Even in countries without HIV specific criminal laws, people with HIV have been prosecuted more often than people with more common contagious diseases.”Download the pdf here. 

In Responsibilities, Significant Risks and Legal Repercussions: Interviews with gay men as complex knowledge-exchange sites for scientific and legal information about HIV (THPE1015), Daniel Grace and Josephine MacIntosh from Canada interviewed 55 gay men, some of whom were living with HIV, to explore issues related to the criminalisation of non-disclosure, notably responsibilities, significant risks and legal repercussions. Their findings highlight why gay men believe that disclosure is both important and highly problematic. Download the pdf here.

 

In Decriminalisation of HIV transmission in Switzerland (THPE1017), Luciano Ruggia and Kurt Pärli of the Swiss National AIDS Commission (EKAF) – the Swiss statement people – describe how they have been working behind the scenes to modify Article 231 of the Swiss Penal Code which allows for the prosecution by the police of anyone who allegedly spreads “intentionally or by neglect a dangerous transmissible human disease” without the need of a complainant. Disclosure of HIV-positive status and/or consent to unprotected sex does not preclude this being an offence, in effect criminalising all unprotected sex by people with HIV. Since 1989, there have been 39 prosecutions and 26 convictions under this law. A new Law on Epidemics removes Article 231, leaving only intentional transmission as a criminal offence, and will be deabted before the Swiss Parliament next year. Download the pdf here.

News by the HIV Justice Network

New HIV Justice Academy content: Lessons from the Central African Republic’s HIV law reform success

June 2, 2023

New EECA HIV criminalisation report shows women living with HIV bear the brunt of "legalised stigma"

April 14, 2023

Transgender Day of Visibility 2023

March 31, 2023

An important new advocacy tool for HIV justice

March 10, 2023

On Zero Discrimination Day:
law reform is not easy, but it's possible

March 1, 2023

News curated from other sources

US: Tennessee changes its criminal exposure law

News Release from CHLP: Exposure to HIV Removed from Offenses Requiring Sex Offender Registration in Tennessee
May 23, 2023

Uganda: Bill retaining death penalty for having gay sex when HIV positive sent back to President for signing

Uganda parliament passes harsh anti-LGBTQ bill mostly unchanged
May 3, 2023

US: Bill to reform Indiana HIV criminalisation law fails to clear the state's Senate

Reform of HIV Criminalization Laws Gaining Traction in Indiana but Not Yet There
April 18, 2023

Kenya: People living with HIV will continue to lobby for change after disappointing High Court decision

“HIV is not a crime!” – People living with HIV disappointed by High Court judgment in HIV criminalisation case
April 3, 2023

UK: New Crown Prosecution Service guidance on cases of alleged HIV transmission states that undetectable viral load stops HIV transmission

U=U acknowledged in prosecutors’ guidance in England and Wales
April 3, 2023
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Disclaimer

This website operates as a global hub, consolidating a wide range of resources on HIV criminalisation for advocates working to abolish criminal and similar laws, policies and practices that regulate, control and punish people living with HIV based on their HIV-positive status. While we endeavour to ensure that all information is correct and up-to-date, we cannot guarantee the accuracy of laws or cases. The information contained on this site is not a substitute for legal advice. Anyone seeking clarification of the law in particular circumstances should seek legal advice. Read more

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