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Taking stock: Ending criminalisation of HIV non-disclosure, potential or perceived exposure, or non-intentional transmission . Edwin J Bernard Co- ordinator , HIV Justice Network . Taking stock – opportunities, challenges, visions: Where next with the PLHIV Global Advocacy Agenda?.
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Taking stock: Ending criminalisationof HIV non-disclosure, potential or perceived exposure, or non-intentional transmission Edwin J Bernard Co-ordinator, HIV Justice Network • Taking stock – opportunities, challenges, visions: Where next with the PLHIV Global Advocacy Agenda?
Where we know HIV non-disclosure / exposure / transmission is a crime… HIV-SPECIFIC LAWS, REPORTED PROSECUTIONS HIV-SPECIFIC LAWS, NO REPORTED PROSECUTIONS REPORTED PROSECUTIONS UNDER GENERAL LAWS NO REPORTED LAWS / PROSECUTIONS
Encouraging policy developments 2011-14 • Denmark: Government acknowledges reduced risk/harm, suspends HIV-specific law (2011); currently undecided on new or no law. • Switzerland: Law on Epidemics revised in 2012 so only intentional communicable disease transmission a crime (2016) • Sweden: Criminal and public health law used together for most draconian approach to PLHIV in Europe. ‘Swedish statement’ on sexual HIV risks (2013) impacted two cases resulting in major policy shift, Government review pending. • United States: • Iowa became the first US state to moderniseits draconian HIV-specific criminal law in May 2014. Iowa Supreme Court recognisesscience in June 2014. • US Department of Justice issues guidance to eliminate or reform HIV criminalisation laws based on HIV science in July 2014. Lambda Legal immediately calls for halt to prosecutions until these are implemented.
Advancing HIV Justice / Oslo Declaration www.advancing.hivjustice.net Read and sign the declaration at www.hivjustice.net/oslo