Decriminalizing Disease: A Health Justice Approach to Infectious Diseases and Criminal Law
This Article seeks to re-frame the discussion around the legal framework for infectious diseases in a way that moves beyond a punishment mindset and toward a health justice mindset. The focus in this Article is on health justice rather than traditional understandings of public health, defined as the science and practice of improving the health of people and their communities.
It argues that health justice, when applied to infectious diseases, requires decriminalisation. Health justice aligns with the abolitionist project to dismantle carceral practices and implement non-carceral approaches
Unfair criminalization as a threat to epidemic safety
This article aims to raise awareness and stimulate serious discussion of the negative impact of criminal law regulation on the prevention and treatment of infectious diseases, including HIV/AIDS, tuberculosis, and sexually transmitted diseases.
Heterosexual HIV-1 infectiousness and antiretroviral use: systematic review of prospective studies of discordant couples
Systemic review and meta-analysis of 50 studies considered HIV transmission risk between heterosexual partners. Found ART substantially reduces HIV infection risk within serodiscordant couples.
High rates of forward transmission events after acute/early HIV-1 infection
Uses a population-based phylogenetic approach to characterize HIV transmission dynamics in Quebec. Found early infection accounts for approximately half of onward transmissions. Suggests therapy at early stages of disease may prevent onward HIV transmission.
HIV forensics: pitfalls and acceptable standards in the use of phylogenetic analysis as evidence in criminal investigations of HIV transmission
Considers the usefulness of phylogenetic analysis in HIV criminal trials, finding that phylogenetic analysis cannot prove that HIV transmission occurred directly between two individuals. Explains that phylogenetic analysis can exonerate individuals by demonstrating that the defendant carried a virus strain unrelated to that of the complainant.
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Developing guidance for HIV prosecutions: an example of harm reduction?
Describes both the process and the outcome of community lobbying the Crown Prosecution Service to develop guidance for prosecutors on HIV cases, and whether this intervention has benefited people living with HIV.