In the Chinese legal system, it is a crime to intentionally spread sexual transmitted diseases through prostitution, but this does not apply in a marriage or an ordinary relationship. Yang Shaogang, a Shanghai lawyer and advisor to the local government, is among those legal experts who propose legislation to make the intentional transmission of HIV/AIDS a crime, as it already is in many countries. Yang has taken on two cases where wives sued their ex-husbands, who were HIV positive, for infecting them. The court ruled in favor of the wives in both cases. Yang believes concealing one’s illness and infecting others should be a criminal offense. Some provinces such as Yunnan and Gansu have also passed measures to mandate that carriers inform their partners within a month of getting the test results or else the health authorities would. Such policies have been heavily criticized for violating patients’ right to privacy.
Alert over new HIV criminalisation laws in Dominican Republic, Ecuador, El Salvador and Nicaragua
Alliance Linking Organisations in Latin America and the Caribbean, along with their strategic partners REDLACTRANS and RedTraSex, have used the occasion of World AIDS Day 2012 to sound a warning about the impact of criminal law being applied to those who transmit or expose others to HIV infection. In the last year alone, the governments of the Dominican Republic, Nicaragua, El Salvador and Ecuador issued new laws or reformed existing ones that criminalise HIV transmission.
The International HIV/AIDS Alliance warns on Uganda's anti-gay law
Source: member The International HIV/AIDS Alliance warned today that Uganda’s “Anti-Homosexuality Bill” would have a disastrous impact on the country’s HIV response if it becomes law. The Ugandan Parliament is poised to pass a bill which would see any person alleged to be homosexual at risk of life imprisonment.
Keeping up with Queensland HIV law | Star Online
A recent Brisbane court case involving an HIV-positive man has once again raised the question of how Queensland’s legal system handles the issue of unsafe-sex and disclosure. While sensitive community discussions regarding personal responsibility continue, the law has a definite view on who is responsible for disclosure.
Dr. Shereen El Feki hopes that legal environment will improve following Global Commission report
This myriad of laws, across multiple legal systems, has one thing in common: by punishing those who have HIV, or the practices that may leave them vulnerable to infection, such laws simply serve to drive people further from disclosure, testing and treatment—fostering, not fighting, the global epidemic. It is time to say, “No more.” Just as we need new science to help fight the viral epidemic, we need new thinking to combat an epidemic of bad laws that is undermining the precious gains made in HIV awareness, prevention and treatment over the past thirty years.
Interview with Soffiyah Elijah, executive director of the Correctional Association of New York, which monitors conditions in state prisons
Q&A: Prison expert Soffiyah Elijah on reducing prison costs, drug-related crimes Soffiyah Elijah, 57, is the executive director of the Correctional Association of New York, which monitors conditions in state prisons. The first woman and first person of color to head the 170-year-old organization, she lives in Park Slope with her parents and the elder of her two sons.
Trans Prisoners Fight Abuse – In These Times
Trans prisoners and queer-rights groups protest unfair treatment behind bars. While marriage and military enlistment have monopolized the mainstream gay rights agenda, a trans/queer prisoner justice movement has been quietly gaining momentum. “Imagine being told, ‘You have no right to be who you are,’ ” says Faith Phillips, remarking on her first days in prison.
HIV Disclosure and Criminalization Take Center Stage at PACHA Meeting
Voluntary disclosure, HIV criminalization and implementation of the National HIV/AIDS Strategy were the hot topics at the convening of the 48th Presidential Advisory Council on HIV/AIDS (PACHA) in Washington, D.C., last week. Other topics of the two-day meeting, which was presided over by chair Nancy Mahon of the MAC AIDS Fund, included the Affordable Care Act and reauthorization of the Ryan White CARE Act.
More criminalization, further marginalization: Supreme Court's HIV non-disclosure decisions create viral underclass |
This is the second in a series of blog posts about the recent Supreme Court of Canada decisions about the criminalization of HIV non-disclosure. See the first post here, in which we wrote about the perverse, negative impacts of the decision for women living with HIV.
L.G. POZ: REGARDING THE NORWEGIAN LAW COMMISSION REPORT ON CRIMINAL LAW AND THE TRANSMISSION OF DISEASE
Honestly it has taken me some time to “swallow” the Report. I don’t find the Commissions proposal to a new penal code very controversial. To me it’s a slight improvement to the old one (§ 155) and to the § 237/238 which never been used.