Canadian HIV/AIDS Legal Network

their website

I was lucky to be given a scholarship in order to attend the 1st Annual Symposium on HIV, Law and Human Rights: "From Evidence and Principle to Policy and Practice" and the 2009 Annual General Meeting.

The event began with a public lecture given by Justice Edwin Cameron of the Constitutional Court of South Africa.

Scope of Debate:
When we talk of the "criminalization of HIV" we mean both enacting the laws specifically directed to punish behavior that may transmit HIV, and the application of general laws in a way that targets those with HIV who have acted in that way.

The Surge of Criminalization:
The global trend towards criminalization of HIV is accelerating, with significant human and legal consequences. Canada owns the dark distinction of being a world leader in HIV-related criminal prosecutions. This country has, per capita, prosecuted more persons with HIV for HIV related sexual offences than any other country. More than 90 people with HIV have been prosecuted and almost 70 convicted of criminal HIV exposure or transmission in Canada since the late 1980's. Canada is just one of many jurisdictions that seem increasing to be invoking the criminal law against people with HIV.

This is a brief example of the speech Justice Cameron gave. I you would like to read it or watch his lecture in its entirety, please go to www.aidslaw.ca and follow the links.

As you can imagine, this topic is very much at the forefront for AIDS organizations, those who are living with HIV/AIDS and many in the legal sector.

UNAIDS policy brief on the criminalization of HIV transmission states the following: In some countries, criminal law is being applied to those who transmit or expose others to HIV infection. There is no data indicating that the broad application of criminal law to HIV transmission will achieve either criminal justice or prevent HIV transmission. Rather, such application risks undermining public health and human rights. Because of these concerns, UNAIDS urges governments to limit criminalization to cases of intentional transmission i.e. where a person knows his or her HIV positive status, acts with the intention to transmit HIV, and does in fact transmit it. In other instances, the application of criminal law should be rejected by legislators, prosecutors and judges. In particular, criminal law should not be applied to cases where there is no significant risk of transmission.

If you would like to read the entire policy brief, go to www.data.unaids.org/pub/BaseDocument/2008/20080731_jc1513_policy_criminalization_en.pdf

This is a serious issue that will only get larger as time goes on!

The symposium had a number of experts and community activists share their insights on various panels on topics including criminalization of exposure to HIV, access to affordable treatment in developing countries, Canada's drug policy and access to harm reduction, needle exchange programs and safe tattooing for those who are incarcerated in Canada.

The Canadian HIV/AIDS Legal Network is doing some amazing work, you can check it all out at www.aidslaw.ca

This was also a great opportunity for the Prisoner Working Group to have a face to face meeting! It was great meeting you all and this group has a lot of skilled and passionate individuals, and I can see exciting things resulting from this group!