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

Slides:



Advertisements
Similar presentations
Department of Human Services Sex, HIV and the law Dr Rosemary Lester Communicable Disease Control Unit Department of Human Services.
Advertisements

No one left behind: Increased coverage, better programmes and maximum impact for key populations WHO Consolidated Guidelines on HIV Prevention, Diagnosis,
Key Populations 18 September 2013 Béchir N’Daw, Conseiller régional en Droits de l’Homme et aux Lois, PNUD.
HIV on Trial: HIV criminalization laws and the trends towards increased criminalization of people living with HIV Maurice Tomlinson Legal Advisor, Marginalized.
1 A handbook on HIV, law and human rights for the judiciary: A critical tool in a human rights-based HIV response Richard Elliott, Alison Symington and.
Risks, Rights & Health FINDINGS & RECOMMENDATIONS: Criminalisation of HIV Transmission, Exposure and Non-disclosure Commissioner Barbara Lee AIDS 2012,
Presentation by Gráinne Teggart Campaign lead, My Body My Rights Amnesty International N.I.
PEER: Exploring the lives of sex workers in Tyne and Wear The PEER Research Team: The GAP project, Northumbria University and Peer Researchers.
Goals: Session 1 (Legal & Evidentiary Challenges Obtain contributions on the particular successes and challenges on key L&E issues in different jurisdictions;
European Network for HIV/STI Prevention and Health Promotion among Migrant Sex Workers Access to Services and Rights for sex workers.
Introduction to Criminal Law September 13, 2007 Sources of Criminal Law 1. The Constitution 2. Legislation 3. Case Law.
“Writing our own narratives” The Global Advocacy Agenda for Young People Living with HIV.
Criminal Prosecution for HIV Transmission. With ENORMOUS thanks to: Yusef Azad – NAT Lisa Power - THT.
A report on progress towards achieving law & human rights goals within the African Union (AU) Roadmap on Shared Responsibility and Global Solidarity for.
Washington D.C., USA, July 2012www.aids2012.org Addressing the intersection of criminalisation, discrimination and stigma Susan Timberlake Chief,
AIDS 2012, Washington DC Criminal prosecutions for HIV non-disclosure, exposure and transmission: overview and updated global ranking Edwin J Bernard Moono.
20th International AIDS Conference, Melbourne, July 2014 Doing HIV Justice: How Clinicians and Advocates Can Work Together to Ensure Up-To-Date Scientific.
Key Elements of Mental Health Law Reform: A Clinical Perspective Brendan Kelly Mater Misericordiae University Hospital University College Dublin.
AIDS 2012, Washington DC Successful responses to HIV criminalisation in Europe: community involvement, empowerment, collaboration and impact. Edwin J Bernard.
What does PrEP mean for people living with HIV? Edwin J Bernard Co-ordinator, HIV Justice Network Consultant, GNP+
Criminal Liability and the Essence of Crime Charles L. Feer, JD, MPA Bakersfield College Department of Criminal Justice.
Legislation and Working Practices. AIM: To understand the importance of policy and legislation To identify & summarise Key legislation To examine policies.
A disability inclusive National AIDS Strategic Plan: What to take away Muriel Mac-Seing HIV and AIDS Technical Advisor, Handicap International Skills Building.
Scaling-up male circumcision programmes in the Eastern and Southern Africa region Country Update Meeting June 2010 Dr Sibongile Dludlu UNAIDS RST/ESA.
Law in search of research. 1. Quantifying and qualifying risk of HIV transmission (significant risk) 2. Analyzing morbidity and mortality associated with.
Legal Aid of Cambodia Bangkok, August 2015 Mr. RUN Saray Executiva Director and Lawyer Legal Aid of Cambodia WitnessProtection Presentation by.
Access to Justice Development of Green Bench in the Court of Justice October 2005 : The Green Bench, a specialized division was officially set up at the.
AIDS 2012, Washington DC The HIV Justice Network: what is it and how to participate and use it Edwin J Bernard Co-ordinator, HIV Justice Network, UK/Germany.
Women and the criminalisation of HIV transmission : Law reform setbacks and successes Johanna Kehler AIDS Legal Network.
INTRODUCTION Tanzania National HIV/AIDS Policy (2001) emphasizes that while the population has to be protected from wilful and intentional spreading of.
JUVENILE PATHWAYS INTO THE CRIMINAL JUSTICE SYSTEM Patrick Griffin October 2011 OJJDP National Conference.
Legal and Ethical Issues Kimberley Clow
Point of Sale Disclosure Reform? Getting compliant with the right technology.
HIV and Human Rights: Strengthening HIV Responses Among Those Most Vulnerable Asia and Pacific Regional Consultation on Universal Access to HIV Prevention,
Ch The Role of the Federal Courts. Laws and Courts Legal conflicts are resolved by courts of law Legal conflicts are resolved by courts of law Apply.
Washington D.C., USA, July 2012www.aids2012.org Condoms as evidence Susan Timberlake Chief, Human Rights and Law Division UNAIDS Secretariat Geneva.
Washington D.C., USA, July 2012www.aids2012.org The Black Diaspora in the US A State of Being Vanessa Johnson, JD United States US Positive Women’s.
CDC Guidelines for Use of QuantiFERON ® -TB Gold Test Philip LoBue, MD Centers for Disease Control and Prevention Division of Tuberculosis Elimination.
AIDS 2012, Washington DC Denial is not just a river in Africa: Insights and recommendations on the impacts of HIV criminalisation amongst African migrants.
Montreux, Switzerland, March 2007 New Data on Male Circumcision and HIV Prevention: Policy and Programme Implications New Data on Male Circumcision and.
PEOPLE LIVING WITH HIV ARE… Gathering Evidence for Advocacy.
HIV and criminalization: prevention or punishment XVIII International AIDS Conference Global Village 22 July, 2010.
Understanding the impact of criminalising HIV transmission Christoforos Mallouris Director of Programmes 5 August 20081XVII IAC, Mexico City.
1 Background & history of the debate Geneva, 14 October 2009 Ralf Jürgens.
Effective HIV & SRH Responses among Key Populations Module 2: The Comprehensive Package of Programmes and Services.
LEGAL EMPOWERMENT and ACCESS to JUSTICE as INSTRUMENTS for GOOD LAND GOVERNANCE Christopher Tanner Marianna Bicchieri Margret Vidar.
The Commonwealth Cybercrime Initiative David Tait, Cybercrime Policy Analyst.
Crown Office and Procurator Fiscal Service Working Together to be the Best Tackling New Psychoactive Substances in Scotland Paul Miele – Procurator Fiscal.
Applications of Environmental Science. Recap  What is environmental Science?  Studying the physical and biological world to understand, make decisions.
Steven Cole Cole Corporate November 2012 © cole corporate.
Sex work and public good: Conflicting policies, competing moralities Nandinee Bandyopadhyay 05 August 2008 XVII International AIDS Conference Mexico City.
Canadian Environmental Legislative David Hunter B.A., LL.B., LL.M. Bennett Jones LLP Presentation to: Fachbereich 1 Architektur, Bauingenieurwesen, Geomatik.
Building consensus on the science and law of criminalisation of HIV non-disclosure, exposure and transmission: relevance and implications in Africa Patrick.
Dr. Monica Beg, Chief, HIV/AIDS Section, UNODC
Chapter Six: Prosecutors
Combatting HIV criminalization in Canada
Annelies Balcaen & Tom Vander Beken 20 February 2009
Punitive laws, policies and practices- Their impact on the HIV response I will give you a brief description.
MODULE 8 Decriminalisation and diversion in Asia
© Mark Carrel/Shutterstock
The New AIDS Denialism How criminal courts' dismissal of modern science perpetuates HIV stigma, discrimination and criminalisation.
Step by step: Ending HIV criminalization in Canada through community advocacy based on science and rights Richard Elliott Canadian HIV/AIDS Legal Network.
The Global Initiative to End All Corporal Punishment of Children
Seven Ways To Protect Your Company
ADVANCING HUMAN RIGHTS PRINCIPLES:
International Community of Women Living with HIV/AIDS
Criminal Justice Responses to Terrorism
Analytic framework illustrating exposure to preventive measures that reduce the risk of transmission between HIV-serodiscordant sex partners. Analytic.
Comments on the Competition Amendment Bill
Cannabis Legalization and Regulation Branch
Presentation transcript:

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

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

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

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

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

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

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

Recent progress Legislation Courts Prosecutorial guidelines Engaging scientists Renewed activism

Rosemary and others needs us!

Thank You!