Several countries have recently introduced laws to criminalise HIV transmission, or exposing another person to the virus. Prosecutions are increasing. A number of jurisdictions have used general laws against serious bodily harm in cases where someone is accused of knowingly transmitting HIV or willingly exposing others to HIV transmission. However, how can the challenge of decriminalisation be achieved? Should the focus be on national action or on internationally concerted activities? Should GNP+ take a lead role in advocating for the decriminalisation of HIV transmission? If so, by doing what? These and other questions were discussed during the LIVING 2008 Summit, and resulted in this working group statement.