India: constitutional challenge to anti-sodomy law

On 7 December 2001, the Naz Foundation India Trust filed a petition with the Delhi High Court alleging that the prohibitions on sodomy in Indian law are unconstitutional.     

Shut In,Shut Out: Barriers and Opportunities for Gang Disengagement in El Salvador

Critical Criminology - Gangs impact everyday life and politics across much of the world, yet the literature on gang disengagement—the process whereby people move on from the gang...     

The challenge of public law law reform: reflections on a failed Law Commission project

This article reviews the history of the Law Commission project on administrative law and the citizen from 2003, a project which the Law Commission essentially substantively ended in 2010. The project provides lessons both about the initiation and design of law reform projects and on the prospect of law reform being institutionally capable of contributing to the development of core areas of public law.     

Criminal law and HIV/AIDS: strategic considerations

Richard Elliott's paper on criminal law and HIV/AIDS, an edited and updated version of his presentation at "Putting Third First," sets out five guiding principles for criminal law policy and HIV/AIDS; briefly outlines the rationales for criminalization; discusses three strategic legal questions regarding the criminalization of HIV transmission/exposure; and offers a number of recommendations for consideration of those needing to articulate a well-considered perspective on the ethical, legal, human rights, and public health dimensions of the criminalization of HIV transmission/exposure.     

Criminal law and HIV/AIDS: update IV

This regular column reviews new developments in the area of criminal prosecutions for HIV transmission or exposure, or developments that have come to our attention since the last issue. Canadian developments are the focus. Cases and legislation from other jurisdictions are only included if they represent a significant development in this area of the law or for the jurisdiction in question.     

Criminal law and HIV/AIDS: update V

This regular column reviews new developments in the area of criminal prosecutions for HIV transmission or exposure, or developments that have come to our attention since the last issue. Canadian developments are the focus. Cases and legislation from other jurisdictions are only included if they represent a significant development in this area of the law or for the jurisdiction in question.     

Barcelona 2002: law, ethics, and human rights. HIV testing for peacekeeping forces: legal and human rights issues

In 2001, the United Nations Security Council established an Expert Panel to study the issue of whether the UN should institute HIV testing of peacekeeping personnel. This article, based on a 9 July 2002 presentation to the XIV International AIDS Conference (abstract TuOrG1173), reports on the findings of a paper prepared for the Expert Panel by the Canadian HIV/AIDS Legal Network. The paper examined whether it is permissible for the UN to implement mandatory HIV testing of its peacekeeping personnel, and whether HIV-positive UN peacekeeping personnel should be excluded or restricted from service on the basis of their HIV status or HIV disease progression. The article describes some of the court cases in which these issues have been considered; discusses the importance of analyzing such issues in the context of a human rights-based approach to the pandemic; and formulates a series of key principles for guiding UN decision-making. The article concludes that a policy of mandatory HIV testing for all UN peacekeeping personnel cannot be justified on the basis that it is required in order to assess their physical and mental capacity for service; that HIV-positive peacekeeping personnel cannot be excluded from service based on their HIV status alone, but only on their ability to perform their duties; and that the UN cannot resort to mandatory HIV testing for all UN peacekeeping personnel to protect the health and safety of HIV-negative personnel unless it can demonstrate that alternatives to such a policy would not reduce the risk sufficiently. In the end, the Expert Panel unanimously rejected mandatory testing and instead endorsed voluntary HIV counselling and testing for UN peacekeeping personnel.     

Drug testing sworn law enforcement officers: One agency's experience

The use of drug testing to detect drug use and to screen prospective employees has become commonplace in many occupations, both in the public and private sector. Due to the sensitive nature of their duties, drug testing in law enforcement agencies has become nearly universal, especially as a tool to screen applicants. Despite the fact that many large agencies routinely use drug testing, relatively little is known about the rate at which officers test positive for drug use, characteristics of officers who test positive, nor the drug of choice among currently employed sworn law enforcement personnel. The purpose of this article is to discuss various issues related to drug testing in the workplace and to explore one agency's experience with randomized drug testing of its sworn officers.     

South Africa: constitutional court rejects constitutional challenge to law criminalizing prostitution

On 9 October 2002, a majority of South Africa's Constitutional Court dismissed appeals from convictions for prostitution and keeping a brothel, rejecting arguments that the law was unconstitutional. However, the minority decision, endorsed by five of eleven judges, found that the provision that made the sex worker but not the client guilty of a criminal offence was discriminatory and should be struck down.     

Ecuador: police force HIV testing on detained transvestites

In September 2000, Amnesty International reported that nine transvestite sex workers were detained by police in Guayaquil, Ecuador on 5 July 2000 for over three weeks on charges of crimes against decency and violating "public morals." AI believes they were detained solely because of their identity as transvestites, and notes that these are not isolated cases.