Malawi MPs use SADC Model Law on HIV to fight bad parts of HIV Bill
After nearly 10 years of intense debate and consultations, Malawi Members of Parliament voted to reject controversial provisions in their HIV (Prevention and Management) Bill. The Bill had included provisions that would have made HIV testing and treatment mandatory for specific people in a discriminating manner. Additionally, and perhaps more controversially, the Bill had sought, also, to allow criminalisation of HIV transmission, exposure and non-disclosure. This newsletter captures part of the debates leading to the passing of the final Bill.
Using Science for Justice: The Implications of the Expert Consensus Statement on Zimbabwe’s HIV Criminalisation Law
The article finds that, if applied by lawyers, prosecutors and courts, the Expert Consensus Statement may alleviate some unjust prosecutions and convictions in guiding courts to assess evidence on HIV transmission, to draw appropriate inferences on mental elements of the offence, to recognise defences on the basis of transmission risk-reducing conduct, and to more appropriately inform the courts’ assessment of the harm of HIV infection in sentencing. The implications of the science reflected in the Expert Consensus Statement may also weigh in favour of a finding by the courts that the offence is unconstitutional if a new constitutional case is made against the offence.
HIVMA Urges Repeal of HIV-Specific Criminal Statutes
Highlights the detrimental effects of HIV-specific criminalization and supprts modernization of laws and practices to reflect current science and knowledge about HIV, the promotion of education addressing stigma associated with HIV-specific criminalization, and a federal review of federal and state laws, policies and regulations.