Redefining Risk: Judicially Heightened Risk Standards and HIV-Specific Criminal Laws
This Note explains the risk of HIV transmission associated with certain behaviours, lays out variations in HIV-specific criminal laws, and examines how those laws are applied. It also examines the courts’ reasoning in Rhoades and Hogg as well as analyzes the legal and policy problems that these laws create, the challenges to amending or repealing the laws.
Bad Blood: Criminalisation of Blood Donations by People Living with HIV
Following recent reports of blood donation-related prosecutions in Russia, Singapore, and the United States, the HIV Justice Network undertook desk-based research, collating and categorising all known country and jurisdictional laws that specifically criminalise blood donations by people living with HIV, and known prosecutions under these laws. We analysed these laws and cases using a global policy guidance and human rights law framework, informed by international and state-level scientific data assessing risks of transmission via blood transfusion.