Check – Rise and Decriminalise
In this issue of Check, you will find information about drug laws in the region, the spectrum of drug policy, what are alternatives to punishment for drug crimes and what is not, interviews with leaders of the Rise & Decriminalize movement, and other stories about drug policy in the region. The Rise & Decriminalize Movement unites 5 regional networks – ECOM, EHRA, ENPUD, EWNA & SWAN – and is tailored to commonly advocate for the rights of vulnerable populations, including LGBTQI+, people who use drugs, women living with HIV, and sex workers.
Disability Law and HIV Criminalization
Over thirty states maintain criminal laws that expressly target people living with HIV. Thousands of people are prosecuted under these statutes, exposing them to decades of incarceration, thousands of dollars in fines, and state-sanctioned stigma. This broad pattern of discrimination based solely on HIV status is not supported by scientific evidence nor public-health rationales. This Note argues that many states’ HIV-specific criminal laws violate the Americans with Disabilities Act’s ban on discrimination by public entities.
Bareback Sex in the Age of Preventative Medication: Rethinking the ‘Harms’ of HIV Transmission
This article provides a re-examination of the criminal issues relating to HIV transmission within the new landscape of advances in medical science and availability of PrEP and PEP, arguing that it necessitates a shift in attitude, policy and doctrine. It specifically argue that HIV transmission does not meet the appropriate harm threshold to constitute GBH and that if criminal law is ultimately about preventing or regulating harm, the ongoing criminalisation of HIV transmission is counter to that aim.
HIV Criminalization and Sex Work in California
This study analyses the California Department of Justice criminal history data on arrests of people who had felony solicitation while HIV-positive from 2005 to 2013 and compared the demographics and frequencies with arrest data on sex work over the same time period. Findings indicate a clear disproportionate representation of Black women among those arrested for sex work, in the context of HIV and in general.
Developing guidance for HIV prosecutions: an example of harm reduction?
Describes both the process and the outcome of community lobbying the Crown Prosecution Service to develop guidance for prosecutors on HIV cases, and whether this intervention has benefited people living with HIV.