Reproductive Health Matters Volume 17, Issue 34, November 2009 (actually published in January 2010) focuses entirely on criminalisation, sexual and reproductive rights, public health − and justice and has a series of excellent articles on the criminalisation of HIV exposure and transmission.
The cost is €21 / US$28 for the single issue.
Criminalising HIV transmission: punishment without protection
Widney Brown, Johanna Hanefeld, James Welsh
Responses to criminal prosecutions for HIV transmission among gay men with HIV in England and Wales
Catherine Dodds, Adam Bourne, Matthew Weait
Advocating prevention over punishment: the risks of HIV criminalization in Burkina Faso
Patrice Sanon, Simon Kaboré, Jennifer Wilen, Susanna J Smith, Jane Galvão
Vertical HIV transmission should be excluded from criminal prosecution
Joanne Csete, Richard Pearshouse, Alison Symington
Ten reasons to oppose the criminalization of HIV exposure or transmission
Ralf Jürgens, Jonathan Cohen, Edwin Cameron, Scott Burris, Michaela Clayton, Richard Elliott, Richard Pearshouse, Anne Gathumbi, Delme Cupido
AbstractRecent years have seen a push to apply criminal law to HIV exposure and transmission, often driven by the wish to respond to concerns about the ongoing rapid spread of HIV in many countries. Particularly in Africa, some groups have begun to advocate for criminalization in response to the serious phenomenon of women being infected with HIV through sexual violence or by partners who do not reveal their HIV diagnoses to them. While these issues must be urgently addressed, a closer analysis of the complex issues raised by criminalization of HIV exposure or transmission reveals that criminalization is unlikely to prevent new infections or reduce women's vulnerability to HIV. In fact, it may harm women rather than assist them, and have a negative impact on public health and human rights. This paper is a slightly revised version of a document originally released in December 2008 by a coalition of HIV, women's and human rights organizations. It provides ten reasons why criminalizing HIV exposure or transmission is generally an unjust and ineffective public policy. The obvious exception involves cases where individuals purposely or maliciously transmit HIV with the intent to harm others. In these rare cases, existing criminal laws – rather than new, HIV-specific laws – can and should be used
International consultation on the criminalization of HIV transmission: 31 October – 2 November 2007, Geneva, Switzerland
Joint United Nations Programme on HIV/AIDS (UNAIDS), United Nations Development Programme (UNDP), 2007
Since the beginning of the HIV epidemic, some jurisdictions have applied criminal law to the transmission of HIV. In 2002, UNAIDS issued a policy options paper on this issue. In light of renewed calls for the application of criminal law to HIV transmission and concerns raised in this regard by the UNAIDS Reference Group on HIV and Humans Rights and others, UNDP and the UNAIDS Secretariat decided to bring together a number of legal experts and other concerned stakeholders to discuss this issue in the context of an effective human rights and public health response to HIV. The discussion would inform a UNAIDS/UNDP policy brief on this subject. It was clarified that the consultation would focus primarily on HIV transmission through sexual contact, although it was noted that concerns exist in relation to applying criminal law to HIV transmission in other contexts. This Bookshelf article consists of excerpts from the report of the meeting