Presents a public health law mapping of U.S. states that mandate HIV testing and criminalize HIV positive sex workers. Shows HIV transmission and exposure laws interact with sex work laws to compound criminal penalties for people charged with prostitution related crimes. Argues that decriminalization of sex work and HIV transmission and exposure is integral to effectively address the HIV epidemic.
UNAIDS expresses its concerns about the Greek Government’s treatment of alleged sex workers and also asylum seekers who may have an infectious disease.
This 2017 toolkit from The Center for HIV Law and Policy (CHLP) and the National LGBTQ Task Force highlights intersections between the criminalisation of sex work and HIV, noting both disproportionately affect people from marginalised communities. Urges the building of stronger linkages across HIV criminalisation and sex work movements, and provides tips to make advocacy more inclusive, effective, collaborative and transformative.
This study analyses the California Department of Justice criminal history data on arrests of people who had felony solicitation while HIV-positive from 2005 to 2013 and compared the demographics and frequencies with arrest data on sex work over the same time period. Findings indicate a clear disproportionate representation of Black women among those arrested for sex work, in the context of HIV and in general.
This 2017 toolkit from The Center for HIV Law and Policy (CHLP) and the National LGBTQ Task Force highlights intersections between the criminalisation of injecting drug use and HIV, noting people living with HIV who inject are criminalised in multiple ways including by laws targeting sharing equipment; purchasing, possessing or distributing equipment; drug possession and use; and HIV exposure, non-disclosure and transmission. Notes repeated calls to address substance use as a public health issue, and provides tips to make advocacy more intentional, intersectional, inclusive, and effective.
This an English Summary of the book “A Litigation Guide on Crimes of Sex Working and Homosexuality (Prostitution and Debauchery) “. The book aims to provide a litigation guide and a legal overview of principles and procedures to legal advocates and whoever wishes to know more about “prostitution” or “debauchery” crimes under Egyptian law.
This document presents some of the most relevant and recent decisions in which the Court has discussed the limits to individual liberty, autonomy and privacy among issues concerning matters like: (i) HIV criminalization and other protections; (ii) sex work; (iii) abortion or voluntary interruption of pregnancy; (iv) rights of same sex couples to marriage; and, (v) personal drug possession and consumption.
Countries that criminalise same-sex relationships, sex work and drug use have significantly more people with undiagnosed HIV and lower rates of viral suppression than countries that do not criminalise, or criminalise these areas to a lesser extent. Countries with human rights protections in place fared much better than those without on these HIV-related indicators, according to an analysis by Dr Matthew Kavanagh of Georgetown University.
In April 2012, the Greek police carried out a massive operation in downtown Athens, arresting drug users and sex workers, forcing them to undergo HIV testing and charging them with prostitution. This case study explores the response from human rights and HIV groups both in Greece and internationally and the following campaign to repeal the provision.
Presents the challenges followed by Portugal to address the increase in drug consumption throughout the 1980s and 90s. Explains the decriminalization and harm reduction strategy, along with lessons learnt.
In this brochure, CSOs in support of the Marriages Bill explain what the Section 79 of the Criminal Law currently say and why it is over broad and open to unjust application.
The Principles, published by the International Commission of Jurists are based on general principles of criminal law and international human rights law and standards. They seek to offer a clear, accessible and workable legal framework – as well as practical legal guidance – on applying the criminal law to conduct associated with: sexual and reproductive health and rights, consensual sexual activities, gender identity and expression, HIV non-disclosure, exposure or transmission, drug use and homelessness and poverty. The principles are additionally intended to address the detrimental impact of the criminalization of this conduct on health, equality and other human rights.
This submission was prepared based on discussions that occurred during a meeting of the HIV JUSTICE WORDWIDE Steering Committee. The meeting focused on HIV criminalisation, noting that this frequently intersects with other issues including those being considered by ICJ.
In this brochure, Zimbabwe Lawyers for Human Rights and HIV Justice Worldwide explain why the section 79 of the Criminal Code violates the rights of people living with HIV and is a barrier to HIV prevention and care.
In October 2020, Uzbekistan was elected to the UN Human Rights Council for the period from 2021 to 2023. According to the resolution establishing this Council, a member country must «uphold the highest standards in the promotion and protection of human rights1». In 2022, ECOM registered 80 cases of violations of the rights of LGBT people. This report illustrates multiple unresolved problems in Uzbek society that are largely supported by the inaction of the authorities
The Williams Institute researchers analyzed California Criminal Offender Record Information (CORI) data on HIV offenses in California to explore the demographics and experiences of foreign born individuals as compared to their U.S. born counterparts. While only 30% of immigrants in this data set had immigration proceedings recorded in their criminal history, among them, one in four had those proceedings initiated after and HIV-specific incident. This emphasizes the impact that HIV criminalization can have on the lives of noncitizen immigrants above and beyond the impact on their citizen peers.
This policy brief examines the impact of laws that criminalise sex work, informed by NSWP members’ submissions to an e-consultation. It examines the impact of criminalisation at three distinct phases: the surveillance and policing of sex workers prior to arrest; arrest and formal involvement of the criminal justice system; and release and return to the community. The paper covers various areas of law and law enforcement practices that disproportionately impact sex workers, including immigration laws, policing of public spaces, anti-LGBTQ laws, HIV criminalisation and religious codes.
This Smart Guide provides an overview of existing sex work legal models and details the processes that have been used to develop legislative models that respect and protect sex workers’ human and labour rights. It aims to provide sex workers’ rights organisations with ideas and strategies that they can adapt to their own legal framework and context, to use in their advocacy and campaigning in their own countries. It also highlights the learning and best practices from both New Zealand and Australia, as well as the potential challenges and pitfalls involved in pursuing a decriminalisation advocacy strategy.
In her report to the General Assembly, Dr. Tlaleng Mofokeng, the Special Rapporteur on the right to health, explored the model of harm reduction as applicable to cases of drug use, HIV exposure, transmission and non-disclosure, abortion, same-sex relations, and sex work. She highlighted populations that are often stigmatised, criminalised and discriminated against to the detriment of their enjoyment of human rights and urged States to “divest from punitive approaches, move away from criminalisation and employ regulatory tools to improve health outcomes.”
