A Call to End HIV Criminalisation in Zimbabwe – Policy Brief
The Brief explains the concept of “HIV criminalisation” and the HIV-related criminal law in Zimbabwe. It describes why it is necessary for the law to be reformed, including why the law violates human rights and is outdated in the light of compelling scientific developments.
Is the decision by the constitutional court of Uganda in UGANET & 2 others v. Attorney General in tandem with global decisions on criminalization of HIV/AIDS transmission?
On 8th November 2022 the Constitutional Court of Uganda handed down a decision that has been perceived as contrary to addressing inequalities and helping to end AIDS, as the provisions of the HIV and AIDS Prevention and Control Act, 2015 that were being challenged in the petition, perceived as discriminatory, criminalising HIV/AIDS transmission, among others, were maintained by the Court as being constitutional. ULS LEGAL INSIGHT analyses this petition and its implications on the global approaches to fight against criminalisation of HIV/AIDS transmission.
Semba Judgement, High Court of Zimbabwe (2015)
Judge Charles Hungwe's reasoning that allowed the appeal on behalf of a 26 year old woman, was charged with the crime of deliberate transmission of human immunodeficiency virus (“HIV”) as defined in s 79 (1) (a) of the Criminal Law Code for briefly mistakenly breastfeeding another woman's baby.
The judgement found that the prosecution was "ill-conceived as the legislature did not intend that breast-feeding by infected but ignorant women be criminalised. In any event there was no proof that the appellant fully appreciated that her conduct would result in HIV transmission. In the result she was entitled to an acquittal at her trial."
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- Traduction française automatisée, Brief news story on post-appeal aquittal
Lack of transmission of HIV through human bites and scratches
Report of small study following an HIV-positive man with severe brain damage and poor dental hygiene (causing bleeding gums) who was frequently violent to hospital staff. After 2.5 years follow up, all of the 30 people he’d bitten or scratched remained HIV-negative.
Spit Does Not Transmit: A Fact Sheet for Law Enforcement Personnel, The Center for HIV Law and Policy, the National Organization of Black Law Enforcement Executives and the Association of Prosecuting Attorneys (2013)
This 2013 factsheet produced by the Center for HIV Law and Policy, the National Organization of Black Law Enforcement Executives and the Association of Prosecuting Attorneys provides current factual information about the HIV transmission risks law enforcement professionals may face in the line of duty (aiming to address the frequent overstating of risk). States there is no known case of a law enforcement officer being infected in the line of duty through spitting or biting.
The potential for transmission of human immunodeficiency virus through human bites
Reviews evidence related to the potential for HIV transmission through human bites. Concludes that while biologically possible, transmission remains unlikely, risk is epidemiologically insignificant and as yet, has not been well documented.
Male circumcision for the prevention of heterosexually acquired HIV infection: a meta-analysis of randomized trials involving 11 050 men
Systemic review of medical literature found male circumcision is an effective strategy for reducing new male HIV infections, however, its impact at population level requires consistently safe sexual practices to maintain the protective benefit.
Routes, Risks and Realities of HIV Transmission and Care: Current Scientific Knowledge and Medical Treatment
This factsheet from the Center for HIV & Law Policy, published in 2017, outlines HIV transmission risk (based on “HIV Medicine and Science: Transmission Considerations”).
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- Spanish / Español
High rates of forward transmission events after acute/early HIV-1 infection
Uses a population-based phylogenetic approach to characterize HIV transmission dynamics in Quebec. Found early infection accounts for approximately half of onward transmissions. Suggests therapy at early stages of disease may prevent onward HIV transmission.
The Positive Justice Project Steering Committee Voices Strong Opposition to Alabama Bill that Increases Penalties for Transmission of or Exposure to STIs
Letter to Alabama legislators about proposed laws to increase punishment for people convicted of exposure to or transmission of a sexually transmissible infection.
Positive Justice Project Proposed Resolution Submitted to President’s Advisory Council on AIDS (PACHA) On Ending Federal and State HIV-Specific Criminal Laws, Prosecutions and Civil Commitments
Identifies key problems with criminal law approaches to HIV prevention, and outlines principles to guide laws or prosecutions targeting people with HIV or other STIs. Recommends federal review of HIV-specific laws, convictions and related penalties; modernization of laws and practices to reflect current science and knowledge about HIV; and the application of standards of proof and process normally applied to individuals facing criminal charges.
The criminalization of HIV non-disclosure: Recommendations for police
Outlines the law and includes concrete recommendations for police that could be addressed in a general Best Practice Manual. Recommends the development of specific guidelines in relation to non-disclosure of HIV (and possibly other sexually transmitted infection) in consultation community stakeholders.
Risques, Droits et Santé
Présente des analyses et constats probants et convaincants fondés sur les droits de l'homme et sur les questions juridiques liées au VIH, et offre des commentaires et recommandations.