The National Resource Center on HIV, Infectious Disease, Sexual Health and Identity

A collection of more than 1, 000 legal resources to support and increase the advocacy power and expertise of attorneys, community members, service providers, and all people living with HIV.

This database of materials on topics of importance to people living with HIV and their advocates includes quality memoranda, research, reports, legal and medical guides, court and agency decisions, pleadings and briefs, policy analyses, and recommendations. CHLP summarizes and analyzes every document we post so that you can quickly determine whether that resource is relevant to your needs.

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Research and Journal Articles

The development of antiretroviral therapy and its impact on the HIV-1 AIDS pandemic, Samuel Broder, M.D., Antiviral Research (2010)

This article explores the history of antiretroviral therapy development and the impact the therapy has had on the HIV/AIDS pandemic.

White Papers and Reports

Ian McGowan, Rectal Microbicides: Can We Make Them and Will People Use Them?, AIDS and Behavior (Feb. 2011)

(The following summary is excerpted from the article's abstract.) The results of the CAPRISA 004 and iPrEx HIV prevention studies have demonstrated that topical or systemic use of antiretroviral agents can significantly reduce the risk of HIV acquisition associated with . . .
Research and Journal Articles

HIV Treatment in U.S. Prisons, Sarah E. Wakeman and Josiah D. Rich, 4 HIV Ther. 505 (2010)

This article presents information about the HIV-positive prison population in the United States, and suggests solutions to increase diagnosis, prevent intra-prison transmission, and continue treatment for individuals after their release.
Links

America’s Most Wanted, Laura Whitehorn, POZ Magazine (2000)

This article surveys HIV- related criminal prosecutions in the United States from 1989 - 2000. Although POZ' case tracking for this article almost certainly misses those that aren't reported in the media or legal databases, the author nonetheless found 101 cases.

Court and Agency Decisions and Orders (including case law)

Horgan v. Simmons, 704 F. Supp. 2d 814 (N.D. Ill. 2010)

This is one of the first cases to apply the 2008 amendments to the Americans with Disabilities Act (ADA) to an HIV discrimination case.

Fact Sheet

What HIV Criminalization Means to Women in the U.S., Center for HIV Law and Policy (2011)

What HIV Criminalization Means to Women in the U.S. is a briefing paper that addresses practical and legal questions that are often raised about using criminal law as a response to women's risk of HIV infection or transmission.

Letters and Other Advocacy Documents

Talking Points on Nebraska's Proposed HIV Criminalization Statute, Legislative Bill 226, The Center for HIV Law and Policy (2011)

The Center for HIV Law and Policy and its Positive Justice Project have been closely following the proposed Legislative Bill 226 in Nebraska as well as assisting Nebraska advocates in organizing a response.

Court and Agency Decisions and Orders (including case law)

State v. Tabor, No. 0-906 / 10-0475 (Iowa Ct. App. 2011)

In this Iowa case, Tabor appealed his conviction for criminal transmission of HIV, in violation of Iowa Code section 709C.1 (2009). His conviction was upheld.

Research and Journal Articles

Sex Work, Criminalization, and HIV: Lessons from Advocacy History, Anna Forbes, BETA (2010)

Sex workers are frequently omitted from discussions about the links between criminalization, marginalization, and increased HIV transmission.

Fact Sheet

Guidance for People Living with HIV Who Are At Risk of, or Are Facing, Criminal Prosecution for HIV Nondisclosure or Exposure, Center for HIV Law and Policy (2011)

This fact sheet gives basic but essential guidance on what to do when the risk of criminal prosecution for HIV nondisclosure or exposure may be a reality.

Links

Sex in the States (2011)

This is a link to Sexetc.org, a web resource produced by the national sexuality education organization Answer.

Research and Journal Articles

Heterosexual risk of HIV-1 infection per sexual-act: systematic review and meta-analysis of observational studies, Marie-Claude Boily et al., The Lancet (2009)

This study follows up on an earlier study by the same authors examining per-act heterosexual HIV transmission probabilities. It is a systematic review and analysis of all available study data related to the likelihood of heterosexual HIV transmission.

Copyright Information: CHLP encourages the broad use and sharing of resources. Please credit CHLP when using these materials or their content. and do not alter, adapt or present as your work without prior permission from CHLP.

Legal Disclaimer: CHLP makes an effort to ensure legal information is correct and current, but the law is regularly changing, and the accuracy of the information provided cannot be guaranteed. The legal information in a given resource may not be applicable to all situations and is not—and should not be relied upon—as a substitute for legal advice.