The advances in HIV-AIDS treatment in the last decade have been nothing short of amazing, transforming the virus from what was once a death sentence to what is now a manageable disease. Antiretroviral medications keep levels of the virus in carriers so low, they are often almost undetectable, greatly reducing the risk of ever passing the virus on to sexual partners.
Maharashtra state government consulting on mandatory pre-marital HIV tests
MUMBAI: The debate on making HIV tests mandatory before marriage has been rekindled. The state women and child development department is actively considering the move. Varsha Gaikwad, minister, women and child development, told TOI that her department would be consulting various sections of the society in this regard.
Editorial by Global Commission's Cardoso and UNDP's Helen Clark
Laws should make things better. Sadly, as we stand at the precipice of finally ending Aids, an epidemic of archaic and insensitive laws is stifling our efforts and making things far worse. The Global Commission on “HIV and the Law” came together to address this hidden crisis.
How to Fight HIV Criminalization in Courts of Law and Public Opinion | AIDS Ark
As the XIX International AIDS Conference (AIDS 2012) in Washington, DC, presented hopes of achieving an AIDS-free generation, some advocates focused attention on a major obstacle to this goal: the criminalization of people living with or at high risk for HIV.
Challenges & Changes to Law: Enabling Legal Environments in the HIV Response " NGO Delegation to the UNAIDS PCB
From the Global Commission on HIV and the Law, “Risks, Rights and Health” (note: this infographic does not include criminalization of non-disclosure). Click to enlarge.
"Should HIV Be Jailed? HIV Criminal Exposure Statutes and Their Effects" by Arianne Stein
Publication Title Washington University Global Studies Law Review Recommended Citation Arianne Stein, Should HIV Be Jailed? HIV Criminal Exposure Statutes and Their Effects in the United States and South Africa, 3 Wash. U. Glob. Stud. L. Rev. 177 (2004), http://digitalcommons.law.wustl.edu/globalstudies/vol3/iss1/7
HIV Organisations Welcome New Legal Defence For Non-Disclosure Of HIV | ACON | Building Our Community's Health & Wellbeing
People with HIV in NSW who don’t disclose their HIV status to sexual partners are now able to defend themselves against penalties for breaches of public health law if they can demonstrate they took ‘reasonable precautions’ to prevent passing on the virus.
Journalist Rod McCullom interviews Rep Barbara Lee about the REPEAL HIV Discrimination Act
Pop quiz: Which nation leads the world in the prosecutions of HIV exposure and/or transmission? Perennial human rights violators such as Russia, China, or dictatorships in the Middle East or Africa? Not even close. The surprising answer: The United States. In more than 60 nations it is a crime to expose another person to or transmit HIV.
Singapore: Court of Appeal rules that sodomy law may be unconstitutional
Singapore’s #1 Socio-Political Site
Denmark: Man convicted in 2007 under now suspended law acquitted; further cases to be reviewed
A court in Denmark has acquitted a person living with HIV who had previously been found guilty under the country’s now-suspended HIV-specific criminal statute. The man’s sentence was reduced to six months, due to his conviction for other, drug-related, offences.
In its brief ruling, published below, the Eastern High Court reasoned that since there is now evidence that HIV is not a “life-threatening condition” he could no longer be guilty of exposing another to a “life-threatening illness”.
The Danish Justice Minister suspended the law in February 2011 noting that HIV can no longer be considered life threatening because, for people living with HIV in Denmark who are on treatment, HIV has become a manageable, chronic health condition.
According to sources in Denmark, it is believed that the courts are in the process of reviewing all HIV-related criminal cases from 2007 – this is the year that National Board of Health informed the Ministry of Justice that HIV was no longer a life threating illness (as defined in the law), even though it took the Ministry another four years to suspend the law.
This would make Denmark the first country in the world to fulfill the fifth recommendation relating to HIV criminalisation of the Global Commission on HIV and the Law.
2.5. The convictions of those who have been successfully prosecuted for HIV exposure, non-disclosure and transmission must be reviewed. Such convictions must be set aside or the accused immediately released from prison with pardons or similar actions to ensure that these charges do not remain on criminal or sex offender records.
Denmark: Eastern High Court Prosecutor v. Jackie Madsen,7 August 2012
Eastern High Court Prosecutor v. Jackie Madsen, 7 August 2012 (unofficial translation).
Denmark: Eastern High Court Prosecutor v. Jackie Madsen,7 August 2012
Transcript the Eastern High Court book of judgments
Verdict
Delivered on August 7th 2012 by the Eastern High Court’s 13th department
(country judges (names) with lay assessors)
…
Prosecutor v. Jackie Madsen
…
(Lawyer (Name)… )
Frederiksberg Legal verdict December 20th 2007 (…) is being appealed by the prosecution based on claim of acquittal of violation of Penal Code § 252 paragraph 2 (issue 2) and appeasement
Defendant has alleged alleviating circumstances.
High Court’s reasoning and result
Since HIV could not, at the time of the crime is crime, be considered a life-threatening illness according to the Penal Code § 252, paragraph 2, the defendant is acquitted for issue 1 in accordance with the prosecution’s claim on this matter.
As a result of this, the sentence is reduced to 6 months of imprisonment. In the decision of the sentence, the court has taken into account (put weight on) the amount of heroin and that the accused himself was a drug addict.
Moreover, the verdict is confirmed.
It is thus decided:
The District Court’s judgment in the case against Jackie Madsen is altered so that he is punished by imprisonment for 6 months.
The Treasury must pay the costs of the High Court.
(Sign.)
The accuracy of the transcript is confirmed. Eastern High Court…