Humanising the law: harnessing science and community voices to end HIV criminalisation
This paper traces the evolution of community-led responses to HIV criminalisation over nearly two decades, demonstrating how science, advocacy, and storytelling have collectively reshaped legal and policy frameworks.It describes the formation and strategic interventions of the HIV Justice Network and, later, the HIV JUSTICE WORLDWIDE coalition; highlights methodological innovations such as legal monitoring and community-based documentation; and emphasises the centrality of human rights principles. Case examples - including the legacy of Ugandan nurse Rosemary Namubiru - illustrate the impact of HIV criminalisation and the power of resilience. While challenges persist amidst growing authoritarianism and disinformation, coordinated global efforts continue to advance evidence-informed, rights-based alternatives. This paper calls for a humanisation of the law that centres lived experiences, elevates scientific understanding, and fosters justice for people living with HIV. Ultimately, this paper argues for a paradigm shift from punitive legal responses to approaches rooted in care, dignity, and justice.
Decriminalising HIV: Strategies and best practice for legislators
This report from the Global Equality Caucus collates expert insight and best practice examples on HIV criminal law reform. In a series of case studies from around the world, where some of the Global Equality Caucus’s members have led reform efforts, the report identifies several key lessons, takeaways and overarching themes for legislators to consider.
HIV is not transmitted under fully suppressive therapy: The Swiss Statement – eight years later
Outlines the background to the Swiss Statement, reactions to the Swiss Statement, and the fact that subsequent research has not undermined its assertions. Includes observations about its legacy, including more honest communication between patients and clinicians, and the development of official guidelines recognising the effectiveness of ART.
Chapter 13, A controversial issue: HIV transmission/exposure offences, Taking Action Against HIV and AIDS: A Handbook for parliamentarians
Serves as a call to action for parliamentary leadership and a reference guide for legislators and legislative staff. Contains information and guidance on issues specific to the AIDS response. (This resource contains content that is broader than HIV criminalisation.)
Policy Position Statement on HIV Criminalization
Opposes laws that distinguish HIV from other comparable diseases or that create disproportionate penalties for disclosure, exposure or transmission of HIV disease beyond normal public health ordinances. Supports non-punitive prevention approaches to HIV centred on current scientific understanding and evidence based research.
Position statement on the use of antiretroviral therapy to reduce HIV transmission
Summarises extensive discussion about various aspects of current scientific data to explain HIV transmission risk.
Canadian Consensus Statement on HIV and its transmission in the context of the criminal law
Sets out in clear, concise, and understandable terms a collective expert opinion about HIV sexual transmission, transmission associated with biting and spitting, and HIV as a chronic manageable condition. Authored by six distinguished Canadian HIV clinicians and scientists.
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