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Ending overly-broad criminalisation of HIV non-disclosure, exposure and transmission

Ending overly-broad criminalisation of HIV non-disclosure, exposure and transmission. Patrick Eba Human Rights and Law Division UNAIDS . Outline of presentation. The problem Process of guidance note Content of guidance note Recent developments .

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Ending overly-broad criminalisation of HIV non-disclosure, exposure and transmission

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  1. Ending overly-broad criminalisation of HIV non-disclosure, exposure and transmission Patrick Eba Human Rights and Law Division UNAIDS

  2. Outline of presentation • The problem • Process of guidance note • Content of guidance note • Recent developments

  3. Current situation on criminalisation of HIV Source: GNP+ & HJN, 2013

  4. Problem with current laws and prosecutions • Disregard for science of HIV • Prosecutions for biting or spitting • Criminalisation of non-disclosure in absence of actual exposure or transmission • Prosecutions in spite of condom use or low viral load • Disregard for legal and justice principles • No mental culpability • No proof • Disproportionate penalties • Negative impact on HIV response

  5. The need for clearer guidance on criminalisation • Conflicting judicial decisions on criminalisation • Legislative processes/changes • Prosecutorial Guidelines in the United Kingdom • Growing activism by CSOs, people living with HIV and the voice of criminalisation survivors

  6. Towards UNAIDS’ guidance note: Reconciling science and law 2010-2012: • 2 research and evidence papers • Experts Meeting, 31 August – 2 Sept 2011, Geneva • Policy Consultation, 14-15 Feb 2012, Oslo

  7. UNAIDS Guidance Note, 2013 • Restrict criminal law to truly blameworthy cases • Uphold criminal justice principles • Use best scientific and medical evidence

  8. Key recommendations • Harm • Risk • Mental culpability • Defences • Disclosure • Condom use/ low viral load • Proof • Penalties

  9. Recent progress • Legislation • Courts • Prosecutorial guidelines • Engaging scientists • Renewed activism

  10. Rosemary and others needs us!

  11. Thank You!

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