Reading List

Constitutional Court of South Africa – Amicus Curiae Brief – Justice Edwin Cameron

Amicus Curiae Brief regarding the Public Action of Constitutional Challenge against Article 370 of Law 599 from 2000.

Role of viral suppression in HIV treatment and prevention and its potential in addressing harmful laws and discrimination

This article documents key moments in research and WHO policies that have informed how ART is applied within HIV programs, including as a prevention tool with the potential to support efforts to address HIV-related discrimination. In 2023, WHO continues to clarify that there is zero risk of sexual HIV transmission when a person living with HIV has an undetectable viral load and an almost zero or negligible risk of sexual transmission when a person living with HIV has a viral load of ≤1000 copies/mL. 

Полиция, снижение вреда и ВИЧ

Этот информационный документ объясняет, как подходы правоохранительных органов поощряют рискованную практику среди потребителей наркотиков и препятствуют практике, которая могла бы защитить их здоровье, и предлагает подходы и практику, которые могут помочь в продвижении целей общественного здравоохранения.

 

 

Covering Risk: HIV Criminalization and Condoms

While some policymakers and courts have recognized condom use as sufficient to negate possibility of HIV transmission, people living with HIV in Canada remain at risk of prosecution for alleged non-disclosure before sex with a condom. While the law may be unsettled, the science and policy reasons are clear: prosecuting people living with HIV who use condoms is unscientific and unfair. Law- and policymakers must act to definitively preclude prosecutions against people living with HIV who use condoms.

Time trends, characteristics, and evidence of scientific advances within the legal complaints for alleged sexual HIV transmission in Spain: 1996–2012

This article quantifies and characterizes existing legal complaints for the sexual transmission of HIV in Spain, describes temporal trends and whether advance of scientific knowledge is reflected in charging decisions, judicial reasoning, and sentences.

HIV Criminalisation Defence Case Compendium

This HIV Criminalisation Defence Case Compendium aims to support lawyers acting for those who are alleged to have put others at risk of HIV. Based on research conducted in late 2017, it includes criminal cases from all over the world where strong defence arguments have resulted in an acquittal or reduced penalty for persons living with HIV who have been accused of HIV exposure, non-disclosure or transmission.

The Compendium is not intended to be comprehensive. It has been developed as a resource for a training of lawyers from Africa – “Lawyers for HIV and TB justice: Strategic litigation, legal defence and advocacy training” – held in Johannesburg, South Africa from 20-23 February 2018.

Judgment On Section 24 Of The HIV and AIDS Prevention and Control Act

Outlines the AIDS Law Project’s suit (Petition No. 97 of 2010) against the Attorney General and Director of Public Prosecutions regarding the constitutionality of section 24 of HIV and AIDS Prevention and Control Act. The court found that some terms were too broadly defined and that Act contravened Kenya’s constitution.