Reading List

Challenging HIV Criminalisation in the East African Community: A brief for parliamentarians

This brief aims to be an accessible tool for parliamentarians in the East African Community (“EAC”) to understand HIV criminalisation. It aims to equip them with the tools to address misinformation and stigma about HIV with facts, science and human rights, and to develop strategies to rationalise, modernise and improve communities’ legal responses to HIV.

UNAIDS Terminology Guidelines – 2024

Language shapes beliefs and may influence behaviours. Considered use of appropriate language has the power to strengthen the global response to the AIDS epidemic. That is why the Joint United Nations Programme on HIV/AIDS (UNAIDS) is pleased to make these guidelines to Preferred terminology freely available for use by staff members, colleagues and other partners working in the global response to HIV

Covering Risk: HIV Criminalization and Condoms

While some policymakers and courts have recognized condom use as sufficient to negate possibility of HIV transmission, people living with HIV in Canada remain at risk of prosecution for alleged non-disclosure before sex with a condom. While the law may be unsettled, the science and policy reasons are clear: prosecuting people living with HIV who use condoms is unscientific and unfair. Law- and policymakers must act to definitively preclude prosecutions against people living with HIV who use condoms.

Male circumcision for the prevention of heterosexually acquired HIV infection: a meta-analysis of randomized trials involving 11 050 men

Systemic review of medical literature found male circumcision is an effective strategy for reducing new male HIV infections, however, its impact at population level requires consistently safe sexual practices to maintain the protective benefit.

Comments to Uganda’s Parliamentary Committee on HIV/AIDS and Related Matters about the HIV/AIDS Prevention and Control Bill

Argues that a draft HIV bill (2009) including a provision criminalising HIV transmission, contravenes the right to equal protection and non-discrimination under Uganda's constitution and Uganda's obligations under international human rights law. Furthermore, these provisions will prove counterproductive to reducing the burden of the HIV epidemic in the country.

Positive Justice Project Proposed Resolution Submitted to President’s Advisory Council on AIDS (PACHA) On Ending Federal and State HIV-Specific Criminal Laws, Prosecutions and Civil Commitments

Identifies key problems with criminal law approaches to HIV prevention, and outlines principles to guide laws or prosecutions targeting people with HIV or other STIs. Recommends federal review of HIV-specific laws, convictions and related penalties; modernization of laws and practices to reflect current science and knowledge about HIV; and the application of standards of proof and process normally applied to individuals facing criminal charges.

HIV criminal prosecutions and public health: an examination of the empirical research

Concludes that HIV-related criminal laws either fail to influence or increase STI testing avoidance, unprotected anonymous sexual contacts, and avoidance of health care because respondents do not feel safe speaking with health professionals. Suggests HIV-related criminal laws compromise public health and clinicians’ abilities to establish therapeutic relationships and to undertake HIV prevention and treatment work.