Sometimes HIV criminalisation reform requires changes to public policy and programs instead of, or additional to, law reform. The following resources include targeted advocacy at program or policy level.
Identifies key problems with criminal law approaches to HIV prevention, and outlines principles to guide laws or prosecutions targeting people with HIV or other STIs. Recommends federal review of HIV-specific laws, convictions and related penalties; modernization of laws and practices to reflect current science and knowledge about HIV; and the application of standards of proof and process normally applied to individuals facing criminal charges.
UNAIDS expresses its concerns about the Greek Government’s treatment of alleged sex workers and also asylum seekers who may have an infectious disease.
Makes recommendations to government agencies to improve the federal government’s strategy on HIV/AIDS. Also includes testimonials & policy recommendations to address cycles of criminalization of and discrimination against LGBT people. Includes specific section on criminalisation of HIV (pages 48 – 53).
Ground-breaking research from the Human Dignity Trust offering a step-by-step analysis of how the reform of discriminatory sexual offence laws has been achieved and identifying how it can be replicated. Countains a series of reports investigating in detail how countries in four regions of the world have recently reformed outdated and discriminatory sexual offences laws.
This report reviews the latest evidence on what works to reduce HIV-related stigma and discrimination through key programmes to reduce stigma and discrimination and increase access to justice in the six settings of focus for the Global Partnership, including Justice. It includes guidance and recommendations for national governments and key stakeholders to implement programmes to empower populations “being left behind”; remove laws criminalising drug use or possession for personal use, all aspects of sex work, sexual orientation, gender identity, and HIV exposure, non-disclosure and transmission and to routinely review existing laws, regulations and policies relating to HIV.
Findings from an external evaluation of the impacts and legacy of the Global Commission on HIV and the Law. It explores the fulfilment of the Commission’s objectives, taking into account the perspectives and experiences of representatives from government, including law and policy makers, civil society including those most marginalised and affected by HIV, as well as United Nations agencies and other development partners.
Many countries across Europe have seen prosecutions of people with HIV for transmission, exposure or even just perceived exposure of HIV. Laws and responses have varied. This case study looks at approaches taken by people in England & Wales in response to what they saw as the inappropriate use of criminal law to prosecute people with HIV for transmission-related “crimes”.
The Brief explains the concept of “HIV criminalisation” and the HIV-related criminal law in Zimbabwe. It describes why it is necessary for the law to be reformed, including why the law violates human rights and is outdated in the light of compelling scientific developments.
The Community Consensus Statement outlines a shared critique of why Canada’s approach to HIV criminalization is wrong and calls for some specific actions that federal, provincial and territorial governments should take to end unjust criminal prosecutions against people living with HIV. It was developed by the CCHRC to be a common set of demands by those organizations who sign on to it.
We interviewed key players in the Latin American and the Caribbean region to understand what led to law reform in three countries between 2019 and 2023: Argentina (2022), Belize (2023) and Colombia (2019). While the process in each country was, and always is, a product of factors unique to the local context and cannot be replicated exactly, lessons can be drawn from these case studies that are likely to be relevant to other countries.
