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.     

Developments in South African law on HIV/AIDS

South Africa has a powerful legal framework that offers high levels of protection to people living with HIV/AIDS, yet discrimination against people living with HIV/AIDS continues to be widespread in South African society. Court cases decided in 2003 regarding children's issues and health care testify to this ongoing discrimination, and to the potential of the South African legal system to uphold the rights of people living with HIV/AIDS.     

Caribbean: Regional support for HIV/AIDS law and policy reform

In this article, David Patterson describes the second regional training workshop on HIV/AIDS, law, ethics, and human rights, which took place in Georgetown, Guyana in November 2003; and a grant from the Global Fund to Fight HIV/AIDS, Tuberculosis and Malaria (the Global Fund) to the Pan Caribbean Partnership against HIV/AIDS (PANCAP). The grant focuses on human rights, prevention, and care and support.     

Report on complementary/alternative health care and HIV/AIDS

In 2001, the Canadian HIV/AIDS Legal Network published a lengthy report on Complementary/Alternative Health Care and HIV/AIDS: Legal, Ethical & Policy Issues in Regulation. The document is the first in a series of papers to be produced by the Legal Network on priority legal and ethical issues related to HIV/AIDS care, treatment, and support. The article below summarizes the contents of the report.     

US: Supreme Court adopts narrow definition of "disability" under anti-discrimination law

In January 2002, the US Supreme Court issued the latest in a series of court judgments adopting a narrow interpretation of the Americans with Disabilities Act (ADA). The unanimous decision is fundamentally flawed in several important respects. It does not bode well for people with disabilities seeking protection from discrimination in employment.     

Africa: regional workshop held on HIV/AIDS and the right to health

In October 2003, the AIDS and Rights Alliance of Southern African (ARASA) and the Zambia AIDS Law Research and Advocacy Network (ZARAN) held a regional workshop on HIV/AIDS and the Right to Health: Challenges and Opportunities, at Kafue Gorge, Zambia.