Global Criminalisation Scan

The 2010 Global Criminalisation Scan gives a global overview of the extent to which criminal and other laws have been used to prosecute people living with HIV for HIV transmission and exposure.

The full impact of these laws on the human rights of people living with HIV and on access to treatment, care and support has yet to be fully understood. However, the evidence presented here shows that there is no correlation between the HIV prevalence in a country and the willingness of countries to use criminal laws and other punitive measures to regulate transmission.

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Local and international organizers for the XVIII International AIDS Conference (AIDS 2010) look forward to welcoming delegates to Vienna this month.

As delegates plan their stay in Vienna, this short statement provides an overview of some Austrian laws that impact on people living with HIV/AIDS (PLHIV). The organizers of AIDS 2010 recommend that conference delegates read this statement to understand their legal position with respect to these areas of law. There are two key points in this statement:

• Intentional and negligent acts capable of transmission of HIV are criminal offences in Austria;
• Legal risks can be minimized through safer sex and safer injecting practices.

 Joint Statement Austrian Laws Affecting People living with HIV (0,06 Mb)

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It is well-recognised that blood transfer through the sharing of drug injecting equipment increases the risk of HIV infection. Of an estimated 16 million injecting drug users in the world, three million are living with HIV.

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GNP+ has contributed to and endorsed ‘10 Reasons Why Criminalization of HIV Exposure or Transmission Harms Women’. This document, which is being launched on World AIDS Day 2009 highlights the ways in which criminalising HIV exposure or transmission exposes women to further dangers and violence rather than offer them protection from infection. Endorsed by 20 other organisations from around the world, the document calls for the protection and advancement of women’s rights for effective responses to HIV.

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The criminal law is a blunt instrument for HIV prevention. Yet from the UK to the USA, Mali to Mozambique, Azerbaijan to Australia, criminal laws are increasingly being used to prosecute HIV transmission or exposure. This undermines human rights and jeopardizes hard won gains in the global response to HIV.

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