AIDS 2012, Washington DC Criminal prosecutions for HIV non-disclosure, exposure and transmission: overview and updated global ranking Edwin J Bernard Moono.

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AIDS 2012, Washington DC Criminal prosecutions for HIV non-disclosure, exposure and transmission: overview and updated global ranking Edwin J Bernard Moono Nyambe Co-ordinator, HIV Justice Network, Germany/UK GNP+, Netherlands/Zambia

AIDS 2012, Washington DC Global Commission on HIV and the Law Case study: Get a test, risk arrest Global overview of laws / prosecutions Global criminalisation hotspots Focus on: –Africa –Europe Oslo Declaration on HIV criminalisation OVERVIEW

AIDS 2012, Washington DC P 20, HIV AND THE LAW: RIGHTS, RISKS & HEALTH, JULY 2012

AIDS 2012, Washington DC CASE STUDY: GET A TEST, RISK ARREST NEW ZIMBABWE 3 JULY 2012 NEW ZIMBABWE 7 JULY 2012

AIDS 2012, Washington DC GLOBAL OVERVIEW OF LAWS AND PROSECUTIONS HIV-SPECIFIC LAWS, PROSECUTIONS HIV-SPECIFIC LAWS, NO PROSECUTIONS PROSECUTIONS UNDER GENERAL LAWS NO REPORTED LAWS / PROSECUTIONS

AIDS 2012, Washington DC LAW ENFORCEMENT: TOP 30 JURISDICTIONS* * IN ORDER OF KNOWN ARRESTS/PROSECUTIONS PER 1000 PLHIV TOTAL KNOWN ARRESTS/PROSECUTIONS

AIDS 2012, Washington DC LAW ENFORCEMENT HOT SPOTS* *BASED ON KNOWN ARRESTS/PROSECUTIONS PER 1000 PLHIV

AIDS 2012, Washington DC * TOP 15 GLOBAL HIV CRIMINALIZATION HOT- SPOTS* *BASED ON KNOWN ARRESTS/PROSECUTIONS PER 1000 PLHIV 1.UNITED STATES (SD, ID, IA, MI, LA, TN, IL, MO, IN, OH, OK) 2.BERMUDA 3.MALTA 4.SWEDEN 5.AUSTRALIA (TAS, SA, ACT, VIC, WA) 6.NEW ZEALAND 7.FINLAND 8.NORWAY 9.AUSTRIA 10. DENMARK 11. CANADA 12. CZECH REPUBLIC 13. SWITZERLAND 14. HUNGARY 15. SINGAPORE

AIDS 2012, Washington DC FOCUS ON AFRICA HIV-SPECIFIC CRIMINAL LAWS NO HIV-SPECIFIC CRIMINAL LAWS

AIDS 2012, Washington DC FOCUS ON AFRICA: POSITIVE DEVELOPMENTS Mauritius (2007) Removed problematic HIV criminalization statute from N'djamena Model Law Civil society collaboration with Health Ministry Daniel Grace: ‘This is not a law: the politics and protest of legislating HIV/AIDS through model laws’ (Poster WEPE546) Sierra Leone (2010) Changed problematic wording of HIV criminalization statue to decriminalize vertical transmission Kenya (2011- ) Ongoing legal challenge to law on grounds that it is discriminatory, extremely broad and vague. AIDS Law Project: ‘Using strategic litigation to challenge laws that criminalize HIV transmission in Kenya’ (Poster WEPE548) Malawi ( ) Ongoing advocacy against proposed HIV-specific criminal law Lucy Stackpool-Moore, et al. 'The intention may not be cruel and inhumane but the impact may be': stigma and the proposed HIV legislation in Malawi (Poster WEPE 543)

AIDS 2012, Washington DC FOCUS ON EUROPE AND CENTRAL ASIA HIV-SPECIFIC LAWS, PROSECUTIONS HIV-SPECIFIC LAWS, NO PROSECUTIONS PROSECUTIONS UNDER GENERAL LAWS NO REPORTED LAWS / PROSECUTIONS

AIDS 2012, Washington DC Switzerland (2008 – 12) Second only to Sweden in terms of using criminal and public health law for draconian approach to PLHIV EKAF’s ‘Swiss Statement’ advocated for and by community led to legal landmark in Geneva Court 2012 Law on Epidemics revision will likely remove draconian public health approach. Norway (2010 – 12) § 155 (‘HIV paragraph’) does not allow consent to risk essentially criminalising PLHIV who have unprotected sex regardless of disclosure Community advocacy led to questions in Parliament and creation of Independent Committee on reforming law Committee will present findings in September 2012 Denmark (2011 – ) HIV-specific law suspended February 2011 Campaign focused on recent data on life-expectancy and transmission risk due to ART. Committee now considering new law or no law Laursen H. Advocacy campaign to decriminalise HIV exposure and transmission in Denmark: lessons learned (Poster WEPE542 ) FOCUS ON EUROPE AND CENTRAL ASIA: POSITIVE DEVELOPMENTS

AIDS 2012, Washington DC SUPPORT THE OSLO DECLARATION: HIVJUSTICE.NET/OSLO