Criminal Law, Public Health and HIV Transmission: A Policy Options Paper

A policy options and discussion paper about the applicability, relevance, and effectiveness of criminal laws and prosecutions pertaining to HIV transmission. The paper raises serious human rights and social justice concerns with laws that allow the prosecution of people with HIV/AIDS for transmitting the virus. It argues that a sound policy approach to HIV prevention, care, treatment and support would come from a public health perspective, which addresses the underlying causes of HIV vulnerability and risk activities, ensures access to services that support risk reduction, and ensures access to post-exposure treatment. The use of criminal or coercive public health laws should only be a last resort. Even in these cases, legislation seeking to hold people responsible for HIV transmission should not be based on a person's HIV status in itself, but rather the degree of risk actually involved and the degree to which involved parties were aware and/or taking precautions to avoid transmission.