HIV Australia | Vol. 8 No. 4 | January 2011

Resources related to HIV and criminal transmission

A selection of material highlighting the impacts of legal frameworks on the HIV response in Australia and internationally

Resources on HIV and international criminal law

Global Criminalisation Scan Report 2010: Documenting trends, presenting evidence (Global Network of People Living with HIV/AIDS)
A report giving a global overview of the extent to which criminal and other laws have been used to prosecute people living with HIV for HIV transmission and exposure.

Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (UN Human Rights Council 2010) A report examining the relationship between the right to the highest attainable standard of health and the criminalisation of forms of private, adult, consensual sexual behaviour.

Criminalisation of HIV Transmission: UNAIDS Policy Brief (UN AIDS 2008) A paper providing an overview of key issues in relation to the criminalisation of HIV exposure and transmission, which includes a range of recommendations for governments, international partner organisations and civil society.

Legal Environments, Human Rights and HIV Responses among MSM and Transgender People in Asia and the Pacific 2010A study of legal environments affecting HIV responses among men who have sex with men (MSM) and transgender people in 48 countries and territories of the Asia and Pacific region, informed by consultations with community representatives, legal experts and UN agencies.

Enabling Legal environments for effective HIV responses: A leadership challenge for the commonwealth. (International HIV/AIDS Alliance 2010) A report produced jointly by the Commonwealth HIV and AIDS Action Group, the International HIV/AIDS Alliance and the Commonwealth Foundation, which describes legal environments affecting people living with HIV and at-risk populations.

HIV and Criminal Law resource (NAM 2010) A resource exploring the full range of issues relating to the criminalisation of HIV exposure and transmission, with information on current international laws and practices.

HIV non-disclosure and the criminal law: Establishing policy options for Ontario A paper produced as part of a project funded by the Ontario HIV Treatment Network. It is the most up-to-date analysis of the issue in Canada.

Resources on HIV and Australian criminal law

HIV, crime and the law: options for policy reform (PDF - Australian Federation of AIDS Organisations 2011) A discussion paper providing a detailed analysis of the application of Australian criminal law to sexual transmission of HIV, and exposure. It examines intersecting public health legislation and policies across jurisdictions, setting out practical options for policy reform.

The Criminalisation of HIV Transmission in Australia: Legality, Morality and Reality (NAPWA 2009) A monograph published by the National Association of People Living with HIV/AIDS (NAPWA) addressing the issue of criminal prosecutions relating to the sexual transmission of HIV in Australia.

Criminal Prosecution of HIV transmission: the policy agenda (AFAO 2009) A discussion paper produced by the Australian Federation of AIDS Organisations (AFAO) which provides information on criminal prosecution cases up to 2009 involving sexual transmission of HIV in Australia and overseas.

HIV is a Virus not a Crime: Joint Statement by Australian HIV-Related Organisations (AFAO 2008) A brief joint agency statement by the Australian Federation of AIDS Organisations, some of its members ARCSHS and NCHSR asserting that criminalisation is not and has never been an effective public health response to HIV prevention, and that the Australian response to HIV must be based on agreed public health principles, laws and guidelines.

Criminal Transmission of HIV: A guide for legal practitioners in NSW (HALC 2009) A guide providing an overview of key legal issues associated with prosecutions for HIV exposure and transmission, including notes on risk reduction and viral load, consent, disclosure, scientific evidence, human rights, and the media.

Guide to Australian HIV Laws and Policies for Healthcare Profession (ASHM 2010) An online resource produced by the Australasian Society for HIV Medicine (ASHM) providing health care workers with information on legal and ethical responsibilities under various laws and regulations related to HIV.

Legal resources for sex workers

Australian Sex Industry legislation – State laws in Australia (Scarlet Alliance 2010) Scarlet Alliance, Australian Sex Workers Association, the national peak sex worker organisation in Australia provides comprehensive information on current sex industry legislation operating in Australia, listed by State. The Scarlet Alliance law pages include basic legal information, information about rights and responsibilities as well as visa information, available in English, Thai, Chinese and Korean.

Sex Industry Legal Kit (SWOP 2010) A resource produced by the Sex Workers Outreach Project (SWOP) with financial assistance from the Law and Justice Foundation. The focus of the resource is to help sex workers understand their legal rights and responsibilities.

Legal resources for injecting drug users

Legislative and Policy Barriers to Needle and Syringe Programs and Injecting Equipment Access for People Who Inject Drugs (AIVL 2010)
A national policy discussion paper developed and published by the Australian Injecting and Illicit Drug Users League (AIVL) providing an overview of the legislative and policy barriers which currently restrict access to needle and syringe programs and new injecting equipment for people who inject drugs.

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