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."
- Alternative links
- Traduction française automatisée, Brief news story on post-appeal aquittal
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