Finding Equality: A creative take on feminist judgment projects and the criminalization of HIV non-disclosure
This article reflects on the politics of feminist judgments, challenging the premises of the conventional methodology in contexts where the law cannot be redeemed through liberal legal methods. One such area is HIV non-disclosure. Canadian courts have repeatedly found that the criminal law has jurisdiction over a person’s failure to disclose their HIV-positive status in sexual relations. The article argues that the law in this area should not be rewritten using the conventional methodology because the law should be abolished. In contexts like this, feminists should have recourse to an expanded referential universe, including creative tools, strategies, and forms of literary and artistic expression to represent gender and sexuality differently.
Infant Feeding for Persons Living With and at Risk for HIV in the United States: Clinical Report
The AAP recommends that for people with HIV in the United States, replacement feeding (with formula or certified, banked donor human milk) is the only option that is 100% certain to prevent postnatal transmission of HIV. However, pediatric health care professionals should be prepared to provide infant feeding counseling and a family-centered, culturally sensitive, harm reduction approach for people with HIV on ART with sustained viral suppression who desire to breastfeed.
Case Law Compendium African Regional Judges Forum Vol. 1
Part I includes summaries of precedential human rights rulings from across the continent, ranging from the right to health to equality, civic rights, criminal justice, and environmental rights.
Part II provides key excerpts from cases showing the care and diligence judges in the region have applied in their reasoning. The excerpts are indicative of constitutional interpretation that respects the universality of human rights in a context where States are trying to step away from the shackles of colonial laws and policing practices.
Enforcement of HIV Criminalization in Maryland
Using data obtained from the Maryland State Administrative Office of the Courts, this study from The Williams Institute examines the enforcement of HIV criminalization laws in Maryland.
Highlights:
- Nearly two-thirds of U.S. states and territories have laws that criminalize people living with HIV.
- Black people, especially Black men, are overrepresented in HIV-related crimes in Maryland.
- Over two-thirds of people charged with HIV-related crimes were charged in Baltimore City, Montgomery County, or Prince George's County.
Uzbekistan 2022 — Homophobia and Persecution Encouraged in Society
In October 2020, Uzbekistan was elected to the UN Human Rights Council for the period from 2021 to 2023. According to the resolution establishing this Council, a member country must «uphold the highest standards in the promotion and protection of human rights1». In 2022, ECOM registered 80 cases of violations of the rights of LGBT people. This report illustrates multiple unresolved problems in Uzbek society that are largely supported by the inaction of the authorities
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.
OptTEST Советы и подсказки №9 – Как представлять наши аргументы политикам и людям, принимающим решения?
Изучает, как обучать лиц, принимающих решения, и политиков, лучшие способы коммуникации, как сформулировать аргументы и т.д.
HIV Criminalization in California: What We Know
Highlights significant findings about Californian criminal law including that more than 800 people have come in contact with California’s criminal system based on their HIV status, with 93% of convictions requiring no proof of conduct likely to transmit HIV. Also finds HIV criminal statutes are disparately enforced based on race/ethnicity, sexuality and gender.
A Legal Toolkit: Resources for Attorneys Handling HIV-Related Prosecutions
This toolkit produced by the Center for HIV Law and Policy (CHLP) for the Positive Justice Project in 2013, provides multiple resources (including case law, legal analysis and scientific data) for lawyers representing people facing HIV criminalisation, and other advocates.
Sexual transmission of HIV according to viral load and antiretroviral therapy: systematic review and meta-analysis
Review and meta-analysis of 11 articles found no HIV transmission among heterosexual discordant couples when the positive patient was treated with ART and had a viral load below 400 copies (with data compatible with one transmission per 79 years).
Prevention of HIV-1 Infection with Early Antiretroviral Therapy
Reports findings of OPTN 052 study based in nine countries, which found early initiation of antiretroviral therapy reduced rates of sexual transmission of HIV-1 and clinical events, indicating both personal and public health benefits from such therapy.
Advancing HIV Justice 2: Building momentum in global advocacy against HIV criminalisation
Provides a progress report of achievements and challenges in global advocacy against HIV criminalisation from April 2013 to 30 September 2015.
- Alternative links
- Français (Traduction automatisée),
National HIV/AIDS Strategy Imperative: Fighting Stigma and Discrimination by Repealing HIV-Specific Criminal Statutes
States HIV criminalisation undermines HIV prevention and sexual health messages, and breeds ignorance, fear and discrimination against people living with HIV. Argues that instead of applying criminal law to HIV transmission, governments should expand programs to reduce HIV transmission while protecting the human rights of people living with HIV.
Canadian Consensus Statement on HIV and its transmission in the context of the criminal law
Sets out in clear, concise, and understandable terms a collective expert opinion about HIV sexual transmission, transmission associated with biting and spitting, and HIV as a chronic manageable condition. Authored by six distinguished Canadian HIV clinicians and scientists.
- Alternative links
- French
Sexual transmission of HIV and the law: an Australian medical consensus statement
Provides current scientific evidence to facilitate just outcomes in Australian criminal cases involving HIV. Argues that careful attention should be paid to the best scientific evidence on HIV risk and harms, with consideration of alternatives to prosecution, including public health management. Authored by leading Australian HIV clinicians and scientists.
Criminalization of HIV transmission Policy Brief
Urges governments to limit criminalisation of HIV to cases of intentional transmission. Argues that criminal law should not be applied in a range of circumstances, including where there is no significant risk of transmission.
- Alternative links
- French/Français, Spanish/Español, Russian/Русский
10 Reasons Why Criminalisation of HIV Exposure or Transmission Harms Women
Argues that applying criminal law to HIV exposure or transmission does nothing to address the epidemic of gender-based violence or the deep economic, social, and political inequalities that are at the root of women’s and girls’ disproportionate vulnerability to HIV.
- Alternative links
- French / Français, Russian/ Русский
10 аргументов против уголовного преследования за заражение
В настоящем документе приводится десять причин, по которым криминализацию фактического или потенциального распространения ВИЧ-инфекции можно охарактеризовать как несправедливую и неэффективную публичную политику.