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SOC309Y1 (60)

Lecture #11- Dec 2.docx

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Robb Travers

Criminalization of HIV NonDisclosureThe Limits of the Law SOC309Y1 December 2 2011Canada has an odd lawcourier Implications for how it impacts stigma people living with HIV testing etc things you would not originally think aboutThink critically about the presence of this lawis it good How is it a complicated mess Is it a solution to slowing down HIV Does it exasperate certain issues Alison SymingtonSenior Policy Analyst About the Canadian HIVAIDS Legal Network The Canadian HIVAIDS Legal Network wwwaidslawca promotes the human rights of people living with and vulnerable to HIVAIDS in Canada and internationally through research legal and policy analysis education and community mobilization The Legal Network is Canadas leading advocacy organization working on the legal and human rights issues raised HIVAIDS Outline The role of the criminal law Criminalization and women Criminal law Criminalization as prevention Canadas record Criminalization as retribution Racialization Community responses Media impactsA lot of material to cover touch on a few different aspects of the issueNote that this is an emotional complex issue on which people have differing opinionsGoal is not to achieve a consensus or have you adopt my opinion but for you to recognize the complexities and question simple assertions about using the criminal law with respect to HIV exposure or transmissionHIV can be transmitted in different ways but our focus here is on sexual transmission consensual relationships rape is covered by criminal law Also note that we are 1talking about otherwise consensual sexthat is the sexual interactions where consensual and nondisclosure of HIV status is the only issue as to consentTo be clear rape and coerced sex are already criminal acts and the commentary I offer today does not apply to those acts The role of the criminal lawa lot of people perceive this to be a positive thingCanada 1988 first criminal charges for HIV exposure or transmission 1998Supreme Court of Canada R v Cuerrier significant risk of serious bodily harmaggravated assault This was the first case which set the law in Canada it said if there is a significant risk of bodily harm you must give that information to your partner for them to consent to sex but if you do not then it is considered aggravated assault Canada has become a world leader number of charges per capitaordered many charges first to prosecute in relation to vertical transmission of HIV mother to child first murder conviction for sexual transmission of HIValso activist though CanadaGlobally Laws criminalizing HIV exposure or transmission have spread through Europe Australia and New Zealand Asia and AfricaSome countries use existing laws some draft specific laws Canada used law in the criminal code in relation to HIV while some other countries have drafted specific laws to HIV part of ominous bills on educationRecent acceleration in criminalization eg model law in subSaharan Africa since 2005Vs But some European are countries pulling back eg Switzerland DenmarkGrowing advocacy and debate eg UNAIDS International AIDS conferences INGOs etc 2
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