Stop the Criminalization of HIV Non-Disclosure!
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Avnish Jolly
Jan 27, 2012, 11:32:18 PM1/27/12
to AIDS Beyond Borders
Stop the Criminalization of HIV Non-Disclosure!
http://www.aidslaw.ca/EN/stopcriminalization/index.htm?1#Mailing
The Canadian HIV/AIDS Legal Network is extremely concerned about the
escalation and severity of criminal charges involving HIV non-
disclosure. Currently Canadian criminal law requires people living
with HIV to disclose their status before engaging in behaviour that
involves a "significant risk" of transmitting the virus. More than 130
people living with HIV have been charged in less than 15 years — yet,
this includes numerous cases, in which their activity posed no
significant risk of HIV transmission. This is a miscarriage of
justice. Such misuse of the law also contributes to a climate of
anxiety, fear, stigma and misinformation that undermines HIV
counseling, education and prevention efforts — and puts all Canadians
at greater risk.
People living with HIV are not criminals in cases where the threshold
of significant risk is not met — including cases where condoms are
used or an HIV-positive person is being successfully treated with
antiretroviral drugs. We envision a world where the law seeks to
protect and uphold the human rights of all people, including those
living with HIV, and is guided by the best available scientific
evidence, not assumptions, prejudice or fear.
On February 8, 2012, the Supreme Court of Canada hears two landmark
cases on this important issue in R v. Mabior and R v. DC. The Court’s
decisions in these two appeal cases will have profound implications
not only for people living with HIV, but also for Canadian public
health, police practice and the criminal justice system. You can view
the proceedings on February 8 via live webcast at the Supreme Court of
Canada’s website. http://www.scc-csc.gc.ca/case-dossier/cms-sgd/webcasts-webdiffusions-eng.aspx
Please read our key documents for more information on the upcoming
Supreme Court cases and the criminalization of HIV non-disclosure in
Canada and abroad. You can also support the movement to end the
injustice by attending an event or by staying informed.
http://www.aidslaw.ca/EN/stopcriminalization/index.htm?1#Mailing
http://www.aidslaw.ca/EN/stopcriminalization/index.htm?1#Mailing
The Canadian HIV/AIDS Legal Network is extremely concerned about the
escalation and severity of criminal charges involving HIV non-
disclosure. Currently Canadian criminal law requires people living
with HIV to disclose their status before engaging in behaviour that
involves a "significant risk" of transmitting the virus. More than 130
people living with HIV have been charged in less than 15 years — yet,
this includes numerous cases, in which their activity posed no
significant risk of HIV transmission. This is a miscarriage of
justice. Such misuse of the law also contributes to a climate of
anxiety, fear, stigma and misinformation that undermines HIV
counseling, education and prevention efforts — and puts all Canadians
at greater risk.
People living with HIV are not criminals in cases where the threshold
of significant risk is not met — including cases where condoms are
used or an HIV-positive person is being successfully treated with
antiretroviral drugs. We envision a world where the law seeks to
protect and uphold the human rights of all people, including those
living with HIV, and is guided by the best available scientific
evidence, not assumptions, prejudice or fear.
On February 8, 2012, the Supreme Court of Canada hears two landmark
cases on this important issue in R v. Mabior and R v. DC. The Court’s
decisions in these two appeal cases will have profound implications
not only for people living with HIV, but also for Canadian public
health, police practice and the criminal justice system. You can view
the proceedings on February 8 via live webcast at the Supreme Court of
Canada’s website. http://www.scc-csc.gc.ca/case-dossier/cms-sgd/webcasts-webdiffusions-eng.aspx
Please read our key documents for more information on the upcoming
Supreme Court cases and the criminalization of HIV non-disclosure in
Canada and abroad. You can also support the movement to end the
injustice by attending an event or by staying informed.
http://www.aidslaw.ca/EN/stopcriminalization/index.htm?1#Mailing
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