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.
Life expectancy living with HIV: recent estimates and future implications
Review of the latest literature shows life expectancy of people with HIV has dramatically increased since effective antiretroviral therapy has been available, and it continues to improve. Modelling studies suggest life expectancy could improve further with increased uptake of HIV testing, better antiretroviral regimens and treatment strategies, and the adoption of healthier lifestyles by those living with HIV. Early diagnosis is particularly important.
“One shouldn’t convict people for hypothetical risks”: developments in criminal law following increased knowledge and awareness of the additional prevention benefit of antiretroviral therapy
Overview of various jurisdictions shows that an increased understanding of the impact of viral load on infectiousness has resulted in a number of jurisdictions revising or revisiting their criminal laws or prosecutorial policies relating to HIV non-disclosure, exposure and/or transmission.
International Community of Women Living with HIV (ICW) Position Statement on Criminalization of Women Living with HIV
Argues that criminalisation of women living with HIV for non-disclosure, exposure or transmission undermines public health strategies and increases risk of violence against women. Includes recommendations.
10 Reasons Why Criminalisation of HIV Exposure or Transmission Harms Women
Argues that applying criminal law to HIV exposure or transmission does nothing to address the epidemic of gender-based violence or the deep economic, social, and political inequalities that are at the root of women’s and girls’ disproportionate vulnerability to HIV.
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