Criminalizing HIV transmission vs fanning already raging discrimination fires


When a Law criminalizes the transmission of the Human Immuno-difiency Virus (HIV), is it a fair and just law? Does the law imply criminal intent in not knowing one's status?  Is this law fully compatible with anti-discrimination and privacy/status disclosure provisions of the Constitution?

Here are some varied perspectives from Zimbabwe and beyond:

  • HIV infected man fights widow for estate in Zimbabwe
  • Mississippi enforces mandatory HIV/AIDS tests on sexual assault suspects
  • Network of Zambians living Positive declares - Criminalizing HIV Transmission will not work
  • The Caribbean article advocating the criminalization of HIV transmission
  • Malawi Court rules that Mandatory HIV/AIDS Testing is Unlawful
  • Zimbabwe Constitutional Court Case on Criminalization of HIV Transmission article with heads of argument attached
  • AVERT Article on HIV Transmission and related issues in criminalizing the spread of the virus
  • AidsLaw Canada attached brochure (with a link to a toolkit for defense lawyers in HIV Transmission Cases)

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