This is an amicus brief, submitted by Lambda Legal, in an appeal of a criminal conviction of an individual with HIV for assault with a deadly weapon for spitting in a police officer's face. Lambda's brief addresses the lack of scientific basis for treating spitting as a source of HIV transmission.
A selected list of cases and journal articles on the criminalization of HIV transmission. It is an expansion of a list originally provided by Lambda Legal.
New Mexico court of appeals decision reversing a lower court conviction of an HIV+ individual accused of spitting on an officer. The following is excerpted from the court's opinion: "We acknowledge that spitting or throwing bodily waste may give rise to rational concerns about infection or communicable disease. Defendant Jones threatened as much as he spat upon the officer. However, we have not been cited to any authority, and we know of none, that based criminal liability for battery upon the victims' subjective and unsubstantiated fears that they could develop a disease. To the contrary, the authorities all involve batteries with bodily waste from known carriers of communicable diseaseNeither case before us contains evidence that the accused carried any communicable disease. We will not assume as a matter of law that one has been battered by a harmful disease unless supported by the evidence, especially in the absence of clear legislative intent to make such unsubstantiated apprehension a felony."
This guide aims to provide sexual and reproductive health program planners, managers, and providers with the information necessary to integrate voluntary counseling and testing (VCT) for HIV within their services. VCT is not merely the simple assent to testing, but rather "the process by which an individual undergoes confidential counselling to enable the individual to make an informed choice about learning his or her HIV status and to take appropriate action." Counseling for VCT consists of pre-test, post-test, and follow-up counseling. VCT is a human-rights based approach to HIV testing and treatment that enables patients to make informed decisions; it has been shown to be an effective strategy to facilitate behavior change for HIV prevention, as well as to reduce the stigma and discrimination associated with HIV. The guide discusses the benefits of VCT and the barriers to implementation, and provides specific steps for each stage of implementing VCT, including the initial assessment of community need, planning, implementation, monitoring, and evaluation. The guide was produced by the United Nations Population Fund and the International Planned Parenthood Foundation.
Because many women do not access health services outside of pregnancy, maternal health services provide an excellent resource for HIV interventions tailored to the needs of pregnant and postpartum women. Such services also provide the opportunity to provide treatment, care, and support for HIV-positive mothers and their families. This guide focuses on the prevention of HIV infection among pregnant and post-partem women, with some discussion of related issues such as prevention of unintended pregnancies, mother-to-child transmission, and treatment for HIV-positive women. The guide can be used to strengthen the integration of HIV prevention into existing maternal health services and build the capacity of health workers to address the prevention needs of pregnant and postpartum women. The guide is particularly useful for planners, program developers, and trainers who are looking for opportunities and guidance to address the underlying gender inequities that present obstacles to successful HIV prevention interventions. For example, it provides guidance for helping women negotiate condom use, advocating with policymakers to change discriminatory legislation, and working with community leaders to raise awareness about common harmful practices. The guide was produced by the United Nations Population Fund and EngenderHealth.
HIV-positive women need access not only to appropriate health care and antiretroviral medications, but also to HIV treatment support. This paper discusses the unique barriers women face to Access to Care, Treatment, and Support (ACTS). Issues include the limitations of health centers as points of access, the lack of research on the effects of antiretrovirals that is specific to women, and the stigma and discrimination that keep women from obtaining the care and support they need. The paper argues that HIV-positive women are in the best position to understand these issues, and that they therefore should be involved in attempts to identify and address these barriers. The paper could be useful for HIV-positive women and their advocates, as well as health-care providers, who seek to understand and reduce gender inequalities and obstacles to HIV treatment. Produced by the International Community of Women Living With HIV/AIDS.
This policy vision paper outlines the key priorities for women with HIV as identified by a group of young HIV positive women from across Eastern and Southern Africa who met in Durban in April 2004. The meeting was a dialogue organized by the International Community of Women Living with HIV/AIDS (ICW) in partnership with Youth Against AIDS Network (YAAN) and Gender AIDS Forum (GAF). Three primary priorities are identified: 1) Access to sexual and reproductive rights, 2) Access to screening, treatment, and prevention, and 3) meaningful participation and action of women with HIV in decision-making at the community, national, and regional levels. Within these three priorities, several specific issues and examples are identified, citing experiences of real women with HIV. The vision paper then provides a call to action, identifying specific steps that must be taken to remedy these shortcomings. The paper provides a useful starting-point for HIV-positive women and advocates seeking to identify, address, and mobilize around HIV issues specific to women, or anyone seeking to understand the unique obstacles facing HIV-positive women. While many of the issues are identified by women around the world, the themes of disenfranchisement, marginalization, and stigma are universal. Produced by the International Community of Women Living with HIV/AIDS.
This fact sheet, created by the American Foundation for AIDS Research (amfAR), describes the rising rates of HIV/AIDS among women in the United States and worldwide, and outlines the factors that have contributed to this rise. For example, it describes economic and social factors that increase women's vulnerability to HIV, such as disproportionate earning power and assets due to prescribed gender roles, and limited access to education, healthcare, and other resources that help women prevent and treat HIV/AIDS. Other factors that may lead to the disproportionate rise in HIV/AIDS among women include biological factors, gender-based violence, and sex differences in HIV treatment. The fact sheet advocates ten policies to address these factors, such as making women a priority in national HIV/AIDS strategies, increasing public knowledge and decreasing stigma and discrimination, reducing barriers faced by women in disadvantaged populations, and investing in the development of female-controlled prevention methods. The fact sheet is a useful resource for those seeking to illuminate the rising HIV/AIDS rates among women and the factors that contribute to it, and those advocating policy changes to address these factors. It is also useful to view it in conjunction with the amfAR survey on the stigma faced by HIV-positive women in the United States, which is posted separately in CHLP's Women's Advocacy Resource Collection.
The Political Declaration, adopted by the United Nations General Assembly in June 2006, renews the General Assembly’s commitment to the Declaration of Commitment on HIV/AIDS issued in 2001. It commits to several actions as part of a human rights-based approach to HIV/AIDS, including: promoting prevention, treatment, care, and support; overcoming legal or other barriers to block access to effective HIV prevention, treatment, care, and support; ensuring pregnant women have access to antenatal care, including voluntary and confidential counseling and testing with informed consent; intensifying efforts to enact, strengthen, or enforce legislation and other measures to ensure those with HIV have full enjoyment of all human rights; eliminating gender inequalities and protecting women’s rights; and addressing the vulnerabilities of children affected by and living with HIV/AIDS.
The Declaration undertakes to provide comprehensive reviews of its progress in these areas in 2008 and 2011 within the annual reviews of the General Assembly.
It requests that the Secretary General of the United Nations include in his annual report the status of the implementation of the 2001 Declaration of Commitment.
A revised and consolidated version of the original guidelines published in 1996, the purpose of the Guidelines is “to assist States in creating a positive, rights-based response to HIV that is effective in reducing the transmission and impact of HIV and AIDS and is consistent with human rights and fundamental freedoms.” The Guidelines are a joint project of the United Nations Office of the High Commissioner for Human Rights and UNAIDS. The consolidated guidelines include the revised Guideline 6, which reflects the human rights dimensions of access to HIV prevention, treatment, care, and support. The document consists of three parts: 1) twelve guidelines for state action; 2) recommendations for dissemination and implementation of the Guidelines; and 3) a description of the human rights principles underlying a positive response to HIV. The primary users are intended to be states, but it is also meant to inform intergovernmental organizations, non-governmental organizations, networks of people living with HIV, community-based organizations, networks on ethics, law, human rights, and HIV, and AIDS service organizations. It is also useful for any person looking for interested in a rights-based approach to HIV/AIDS and specific steps needed to implement such an approach.
