HIV and the Law in Australia: A Mapping Review of Contemporary Case Law
This report shows that HIV-related legal matters arise across a spectrum of both public and private law, including anti-discrimination law, wills and estates, and tort law. In this review, 281 relevant records from all Australian jurisdictions were uncovered spanning a wide range of areas of law. Migration law was an area where a significant number of HIV-related cases were identified, demonstrating a clear relationship between HIV status and the determination of visa-related questions before a decision-maker or judge. Although the results reported here indicate that HIV-related legal matters extend well beyond those related to the criminal law, at the same time, the prosecution of people living with HIV for transmission-related offences remains a feature of the criminal law.
Issue Brief #2: The Role of The Judiciary in The HIV Response
This issue brief shares lessons and reflections on the role of the judiciary in advancing rights-based HIV responses, to inform the implementation of key commitments in the 2021 Political Declaration on HIV and AIDS and the Global AIDS Strategy. These include an understanding of the critical nature of judicial decisions in shaping the HIV-related legal environment; the important legal implications of evolving HIV science; sensitizing judges to people’s lived experiences is key; and safe spaces for respectful discussion and learning among justice sector peers.
HIV is not transmitted under fully suppressive therapy: The Swiss Statement – eight years later
Outlines the background to the Swiss Statement, reactions to the Swiss Statement, and the fact that subsequent research has not undermined its assertions. Includes observations about its legacy, including more honest communication between patients and clinicians, and the development of official guidelines recognising the effectiveness of ART.