Reading List

Grievious harm: Use of the Offences Against the Person Act 1861 for sexual transmission of HIV

Explores use of the Offences Against the Person Act 1861 to prosecute people who have transmitted HIV infection to sexual partners in England, Wales and Northern Ireland. Examines evidence in cases of sexual HIV transmission and considers the likely impact that criminalising HIV transmission has on public health, especially HIV prevention. Includes recommendations.

Alternative links

Case Analysis: Section 24 of the HIV and AIDS Prevention and Control Act Kenya: Reviewing AIDS Law Project v Attorney General and Another (2015)

Overview of the Kenya High Court’s ground-breaking decision that some terms in the HIV and AIDS Prevention and Control Act were too broadly defined and that Act contravened Kenya’s constitution.

Punitive laws and practices affecting HIV responses in Kenya

Analyses punitive laws and policies undermining the effective delivery of services to PLHIV and those at risk of HIV infection. Flags laws and policies that violate Constitutional rights. Sets out an advocacy agenda for policy and legislative reform and improvement of law enforcement practices and community understanding of criminalisation issues.

Controlling Sex in the Name of “Public Health”: Social Control and Michigan HIV Law

Found that local health officials’ interpretation of ‘health threat’ and understanding of the law varied. Indicates how public health institutions themselves may contribute to and facilitate enforcement of Michigan’s problematic HIV disclosure law. Shows that stigma and fear often drive community members to police HIV-positive neighbours’ disclosure practices.