Presents coherent and compelling evidence base on human rights and legal issues relating to HIV, including commentary and recommendations. Chapter 2 (pages 21-25) covers HIV criminalisation.
Public Health and Policy
Collaborations between health and legal actors
Consultation on Prosecutorial Guidelines for Ontario Cases Involving Non-disclosure of Sexually Transmitted Infections: Community Report and Recommendations to the Attorney General of Ontario
Aims to contribute to Ontario Ministry of the Attorney General (MAG)’s consideration of guidance to assist Crown counsel to make fair and timely decisions in cases based on allegations of nondisclosure of HIV or other sexually transmitted infections to a sexual partner. Reflects discussions, feedback and recommendations from community consultations. Recommends specific text with accompanying rationale.
Criminal prosecutions for non-disclosure of HIV: engaging with governmental health authorities to advocate for the development of prosecutorial guidelines in Quebec
Describes creation of a working group facilitating dialogue between the justice and public health authorities on the issue of criminalization. The working group called on the Justice Ministry to develop prosecutorial policies and guidelines. Governmental health authorities proved to be key allies in opening a dialogue with the Justice Ministry. Suggests that health authorities should play a central role in the development of prosecutorial policies and guidelines.
Developing guidance for HIV prosecutions: an example of harm reduction?
Describes both the process and the outcome of community lobbying the Crown Prosecution Service to develop guidance for prosecutors on HIV cases, and whether this intervention has benefited people living with HIV.
Expert meeting on the scientific, medical, legal and human rights aspects of criminalisation of HIV non-disclosure, exposure and transmission
This report contains the views, opinions and suggestions for policy orientation and formulation of the participants at an expert meeting (convened on 31 August–2 September 2011 in Geneva, Switzerland) that brought together scientists, medical practitioners and legal experts in order (i) to consider the latest scientific and medical facts about HIV that should be taken into account in the context of criminalisation, and (ii) to explore how to best address issues of harm, risk, intent and proof—including alternative responses to criminalisation—in light of this science and medicine.
Did patterns of court rulings in Sweden regarding HIV as a criminal act change after the new recommendation from The Public Health Agency of Sweden?
The study assesses the effect of the new recommendations from the Public Health Agency of Sweden on court rulings after 2012 as well as the factors which influence verdicts overall.
Criminalizing Contagion: Legal and Ethical Challenges of Disease Transmission and The Criminal Law Summary of Key Findings and Outputs (Nov 2014)
This seminar series1 addressed a series of questions and brought together experts from a range of disciplines to answer them. This document summarises the arguments of each of the papers presented over the course of this seminar series, gives details of outputs connected to it, and also provides information on how and by whom we anticipate findings being used.
Bringing Science to Justice: Impact of the Expert Consensus Statement on the Science of HIV in the context of criminal law over the past five years (Poster)
Research findings on the five-year impact of the ‘Expert Consensus Statement on the Science of HIV in the Context of Criminal Law’, presented at the International AIDS Conference (IAS 2023). The research examined the impact of the Expert Consensus Statement on individual cases as well as broader law and policy outcomes in the five years since its publication and found that the statement remains relevant, accurate and extremely useful. Newer studies bolster the conclusions presented in the statement, reinforcing its overarching message that science does not support HIV criminalisation.