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Criminalisation of HIV transmission in Europe

A rapid scan of the laws and rates of prosecution for HIV transmission within signatory States of the European Convention of Human Rights
Home Introduction Research aims Methodology Results People profile Other issues Steps forward Country data Survey questionnaire Comment Download report GNP + Europe Terrence Higgins Trust

7. Steps forward

The research and analysis presented in this study comprise a snapshot of the situation regarding the criminalisation of HIV transmission in Europe based on the information and responses gathered at the time of the study (June-September 2004). However, it is important that this study represent only a beginning in terms of gaining a better understanding of the issues and trends involved.

Furthermore the study raised a number of important issues, in addition to the questions issues elaborated in the Introduction, which need to be pursued further. These can be summarised as follows:

  • A need to maintain and further develop the database of contacts of those with active interests and specific roles in HIV and legal systems across Europe and Western and Central Asia.
  • A need to encourage better data surveillance and collection on prosecutions and use of this area of the law.
  • Research into the impact that criminal prosecutions for the transmission of HIV have on stigma and discrimination, including the role of the media.
  • Research into other ways in which legal systems are used to regulate personal sexual behaviour and the human rights implications of such laws and their enforcement.
  • Consideration of the implications of prosecutions for HIV transmission for the growing number of other blood-borne and sexually transmissible serious health conditions.

In order to continue to pursue these issues and to maintain resources and momentum towards action and activism in this area, the Global Network of People with HIV and the Terrence Higgins Trust have undertaken to maintain this database as an information resource open to all, and have published it on the Internet with a call for comments, updates and revisions from interested parties in each country.

As we gain in understanding of how the use of the criminal law impacts upon people with HIV and upon public health, it will be important to formulate ways of empowering national and local groups which seek to debate this issue and work on it. Greater access to information, to others working on the issue within their country or region, and to core documents will all be part of supporting this greater capacity. It is vital that people with HIV, those most at risk of transmission, those who provide treatment and care, and those involved in sexual health promotion are all enabled to help shape future jurisprudence which respects human rights and furthers public health. We look forward to hearing your views and will keep you informed of developments.

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