8 March Principles for a Human Rights-Based Approach to Criminal Law Proscribing Conduct Associated with Sex, Reproduction, Drug Use, HIV, Homelessness and Poverty
The Principles, published by the International Commission of Jurists are based on general principles of criminal law and international human rights law and standards. They seek to offer a clear, accessible and workable legal framework – as well as practical legal guidance – on applying the criminal law to conduct associated with: sexual and reproductive health and rights, consensual sexual activities, gender identity and expression, HIV non-disclosure, exposure or transmission, drug use and homelessness and poverty. The principles are additionally intended to address the detrimental impact of the criminalization of this conduct on health, equality and other human rights.
HIV and the Law: Risks, Rights and Health
Presents coherent and compelling evidence base on human rights and legal issues relating to HIV, including commentary and recommendations. Chapter 2 (pages 21-25) covers HIV criminalisation.
Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
Commentary includes clear statements outlining many ways that criminalisation undermines effective HIV response.
General Comment No. 22 (2016) on the Right to sexual and reproductive health (article 12 of the International Covenant on Economic, Social and Cultural Rights).
Includes comment (at page 40) that States must reform laws that impede the exercise of the right to sexual and reproductive health. Examples include laws criminalizing non-disclosure of HIV status, and exposure to and transmission of HIV.
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