New report finds HIV criminalisation continues to impact the most marginalised people living with HIV in Europe
A new analysis of HIV criminalisation laws and cases across Europe by the European HIV Legal Forum, convened by our HIV JUSTICE WORLDWIDE coalition partner, AIDS Action Europe, was published in December. HIV Criminalisation in the EU/EEA: a comparative 10 country report, includes data collected between June – October 2019 from Austria, Czechia, Finland, Germany, Greece, Ireland, Italy, Portugal, Romania, and the United Kingdom.
As well as the seven policy recommendations summarised in the image to the left, some of the main findings of the report include:
- There remains a significant gap regarding up-to-date scientific knowledge of HIV and the understanding of judges, prosecutors and police;
- Media plays an important but negative role in shaping the discussion around HIV criminalisation, sustaining stigma against people living with HIV; and
- HIV criminalisation is disproportionately affecting key populations, women, people who experience racism, the poor and the homeless.
Two new HIV criminalisation resources for sub-Saharan Africa
Two new resources on HIV criminalisation were published to coincide with World AIDS Day, by HIV JUSTICE WORLDWIDE coalition partners, the AIDS and Rights Alliance for Southern Africa (ARASA) and the Southern Africa Litigation Centre (SALC).
Challenging HIV Criminalisation in the East African Community: A Brief for Parliamentarians was produced by ARASA with KELIN and UGANET, their national partners working in East Africa, on behalf of HIV JUSTICE WORLDWIDE. An accessible tool for parliamentarians in the East African Community (EAC), it aims to equip parliamentarians and others with the tools to address misinformation and stigma about HIV with facts, science and human rights, and to develop strategies to rationalise, modernise and improve legal responses to HIV in countries in the East African Community.
Read the full brief here.
The criminalisation of HIV in Angola, produced jointly by SALC and ARASA on behalf of HIV JUSTICE WORLDWIDE, is a discussion document prepared for civil society organisations working on HIV and human rights in Angola, to contribute to discussions around HIV criminalisation in the country. It sets out concerns regarding HIV criminalisation in general, and then examines the relevant laws and their application in Angola, providing alternatives to criminalisation, and concluding with specific recommendations regarding the reform of such laws in the country.
HIV Justice Live! Episode 2: The Evidence for Evidence
In the second episode of HIV Justice Live! we took a closer look at the HIV Justice Network’s Global HIV Criminalisation Database. We learned how it is managed by our Research Co-ordinator, Sylvie Beaumont, heard about its history from our Partnerships and Governance Co-ordinator, Julian Hows, and talked with GNP+’s Sasha Volgina about how she is using the Database for advocacy.
The show also included two short standalone videos that are also available separately. First, there’s a short demonstration video that shows you how to get the best out of all of the search and map features of the Database.
And then, there’s our regular new feature, Mind The GAP, where you get to meet HIV Justice Network’s Global Advisory Panel members, beginning with Jules Kim, the CEO of Scarlet Alliance, the Australian Sex Workers Association.
HIV Justice Live! Episode 1 'Whose Blood is it Anyway?'
The HIV Justice Network launched the HIV Justice Live! webshow in September.
The first episode focused on an important and timely topic – molecular HIV surveillance, which uses blood taken for HIV resistance testing to find ‘clusters’ of infections to inform an ‘enhanced’ public health response to HIV. But rolling this out without community engagement and adequate safeguards risks doing much more harm than good. And besides, whose blood is it anyway?
Hosted by HJN’s Edwin J Bernard and Rebekah Webb, with guests Alexander McClelland, Naina Khanna, Joe Amon and Dr Larissa Mulka. Produced and directed by HJN’s Video Advocacy Consultant, Nicholas Feustel.
Beyond Blame: Challenging HIV Criminalisation for HIV JUSTICE WORLDWIDE
Beyond Blame: Challenging Criminalisation for HIV JUSTICE WORLDWIDE took place during the first week of the viritual HIV2020 conference.
The online version of Beyond Blame was a unique opportunity for both new and long-established activists to learn why HIV criminalisation matters, as well as hear about the wide range of initiatives and strategies that have been used by activists around the world to end the inappropriate use of criminal law to regulate and punish people living with HIV.
The interactive web show was hosted by HJN’s Executive Director, Edwin J Bernard, and featured interviews with various members of the HIV JUSTICE WORLDWIDE Steering Committee, as well as members of the HIV Justice Network’s Global Advisory Panel (GAP).
The second part of the session, an interactive Q&A, was hosted by PWN-USA’s Naina Khanna and HJN’s Supervisory Board member, Paul Kidd.
“HUGE pleasure 2B at #BeyondBlame2020 conference – deftly curated, deeply informative; speakers were great; the passion & commitment to #HIVjustice was palpable. Much progress yet a sober reminder that the work is far from over.”
Kene Esom, Policy Specialist: Human Rights, Law and Gender United Nations Development Programme (UNDP)
Expert Consensus Statement Interim Scoping Report finds that in some parts of the world science is slowly being recognised by courts and lawmakers
In July 2018, the Expert consensus statement on the science of HIV in the context of criminal law (Expert Consensus Statement) was launched at a press conference during AIDS2018 in Amsterdam, and published in the Journal of the International AIDS Society (JIAS), and translated into French, Russian and Spanish.
Authored by 20 of the world’s leading HIV scientists, and endorsed by more than 70 additional expert scientists, as well as IAPAC, IAS and UNAIDS, the Expert Consensus Statement described current evidence on HIV transmission, treatment effectiveness and forensics so that HIV-related science may be better understood in criminal law contexts.
The Expert Consensus Statement was the end result of a multi-year process developed by a partnership comprising the International AIDS Society (IAS), the International Association of Providers of AIDS Care (IAPAC), the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the HIV JUSTICE WORLDWIDE Steering Committee.
In July 2020, to coincide with AIDS2020 and HIV2020, the HIV Justice Network published an interim scoping report, written by HJN’s Senior Policy Analyst Sally Cameron, that explores the impact of the Expert Consensus Statement in the two years since its publication.
The report concludes that the Expert Consensus Statement is meeting both its primary aim (to support defence arguments in HIV criminalisation cases) and its secondary aim (supporting lobbying for law and policy reform) in many jurisdictions.
Francophone Africa advocacy factsheet published
In June, HIV JUSTICE WORLDWIDE released a new advocacy factsheet developed by and for Francophone activists engaged in the fight against HIV criminalisation in Francophone Africa.
Co-authored by Cécile Kazatchkine of the HIV Legal Network (formerly known as the Canadian HIV/AIDS Legal Network) and Alain Kra from Côte d’Ivoire, the factsheet is planned to be the first of several that will be published by HIV JUSTICE WORLDWIDE throughout the year focusing on a particular language and region.
“We are delighted to share this new resource with you today. In it, you will find everything you need to know about HIV criminalisation in francophone Africa, the issues it raises and the strategies adopted by activists to address it. Many thanks to Alain Kra, an expert in human rights and HIV from Côte d’Ivoire, who co-authored this factsheet, and to our colleagues from the Francophone HIV JUSTICE WORLDWIDE network for their contributions and for sharing their experiences.”
Launch of the new Global HIV Criminalisation Database
- Laws and Analyses – a new portal providing updated information and analysis of HIV criminalisation laws previously collated by GNP+ as part of the Global Criminalisation Scan;
- Cases – a regularly updated searchable global database of reported HIV criminalisation cases; and
- Organisations – a new directory of organisations around the world actively working against HIV criminalisation.
“We hope this new, improved version of our website will continue to be an essential source of up-to-date information for individuals and organisations advocating against HIV criminalisation around the world. We would especially like to acknowledge GNP+’s tremendous work developing and promoting their Global Criminalisation Scan, and take seriously our responsibility as custodians of global HIV criminalisation data moving forward.”
Edwin J Bernard, HJN’s Executive Director
HIV Justice Network reaches key milestone with the publication of its first annual report
In May, the HIV Justice Network (HJN) published its first annual report, covering January – December, which was a landmark year for HJN, not only in terms of organisational growth, but also in terms of the scale-up of key resources – most published in four languages – and the provision of technical and financial support to organisations and networks in many regions of the world, all of which led to some remarkable advocacy successes.
“Our 2019 Annual Report illustrates the importance of joined-up activism towards a common goal. We can all play a part in resisting HIV criminalisation at home and across the globe. HJN, under the passionate leadership of Edwin Bernard, gives us the tools, the structures and the inspiration to do the job.”
Lisa Power, Chair, Supervisory Board
“This report highlights the achievements of our small team and our global partners in the last year, and demonstrates that we are delivering on our mission of challenging HIV criminalisation around the globe. We strive to defend the human rights of marginalised people with HIV in the face of unjustified and unscientific punitive laws – something that is now in even sharper focus with the coronavirus pandemic.”
Paul Kidd, Secretary/Treasurer, Supervisory Board
HIV Justice Network announces Global Advisory Panel
In April, the HIV Justice Network announced the founding members of its Global Advisory Panel (GAP).
The GAP is an international expert reference group of activists, lawyers and academics – more than half of whom are openly living with HIV – from all regions of the world, who are working on HIV and/or human rights issues, including with inadequately served populations disproportionately impacted by HIV criminalisation: sex workers, trans* people, women, migrants, gay men and other men who have sex with men, prisoners and people who us drugs.
Members were selected on the basis that they have specific skills, interests, and knowledge of the issues that HJN works on, and how this intersects with other social justice issues and movements.
To read more about the individual members of the GAP – and their many achievements – please visit HJN’s dedicated GAP page.
HIV JUSTICE WORLDWIDE Steering Committee Statement on COVID-19 Criminalisation
As the world struggled with a new global pandemic, the HIV JUSTICE WORLDWIDE Steering Committee issued a statement based on what we have learnt from the HIV response.
The Statement reminded law- and policymakers that communicable diseases are public health issues, not criminal issues, and that measures that are respectful of human rights and the empowering of communities are more effective than punishment and imprisonment.
The statement was published in four languages and has been widely referenced.
Fifth HIV JUSTICE WORLDWIDE Strategy Meeting takes place for first time in Amsterdam
This year’s HIV JUSTICE WORLDWIDE Strategy Meeting was our largest yet, with many participants from around the world reflecting on the global movement to end HIV criminalisation.
Participants (pictured) included:
Gonzalo Aburto (Sero), Sylvie Beaumont (HJN), Edwin J Bernard (HJN), Sally Cameron (HJN), Georgina Caswell (GNP+), Nyasha Chingore (ARASA), Richard Elliott (Legal Network), Kené Esom (UNDP), Julian Hows (HJN), Cecile Kazatchkine (Legal Network), Naina Khanna (PWN-USA), Paul Kidd (HJN Supervisory Board), Svitlana Moroz (Eurasian Women’s Network on AIDS, representing ICW), Lisa Power (HJN Supervisory Board), Mianko Ramaroson (UNAIDS), Sean Strub (Sero), Alexandra Volgina (GNP+), Dymfke van Lanen (HJN), and Rebekah Webb (HJN).
In addition, Ferenc Bagyinszky (AAE), Tambudzai Gonese (SALC), Victoria Grandsoult (UNITE), Ibrahim Kassoumou (Coordination de lutte intersectorielle contre les IST/VIH/SIDA); Anneke Meerkotter (SALC); and Alexander McClelland (HJN Global Advisory Panel) also joined by video conference, which was hosted by Nicholas Feustel (Georgetown media).
Download and read the 2020 Strategy Meeting report here.
HIV JUSTICE WORLDWIDE presents on media work at Funders Concerned About AIDS
At the FCAA AIDS Philanthropy Summit, held in Washington DC in September 2019, HJWW’s wideranging work with the media was featured during a powerful session entitled, ‘Finding the Words: Media Messaging and Strategy for HIV Justice’ which focused on different perspectives, strategies and concrete tools – centered on lived experiences – to combat stigma and mobilise HIV justice worldwide.
The panel, which included HJWW’s Janet Butler-McPhee, Director of Communications and Advocacy at the Canadian HIV/AIDS Legal Network and Naina Khanna, PWN-USA’s Executive Director, examined the ways in which strategic interventions can start conversations, change narratives, correct misconceptions and anchor critical advocacy and prevention initiatives.
'Spit happens': Launch of audit of Australia's mandatory testing HIV laws for spitting on law enforcement
Since 2014, laws mandating HIV testing of people accused of spitting at emergency services personnel have been rolled out in three states. Despite calls for Australian governments “to establish evidence-based protocols that protect the wellbeing of police and emergency workers and the rights of people living with HIV”, these anti-scientific and counterproductive laws continue to be promoted, with police unions actively supporting their introduction in other states.
The HIV Justice Network together with the Australian National Association of People Living with HIV (NAPWHA) undertook an audit to better understand how mandatory testing laws have been applied. The national audit revealed hundreds of cases of testing using ‘spitting laws’, undermining the ethics and standards guiding Australian HIV policy and practice without scrutiny.
The report, ‘The System is Broken’ (download here) written by HJN’s Sally Cameron, was launched during the Australasian HIV & AIDS Conference (ASHM) in Perth at an event that also included HJN’s Executive Director, Edwin J Bernard and HJN’s Supervisory Board member, Paul Kidd.
HIV JUSTICE WORLDWIDE supports HIV2020 in Mexico City, no 'Beyond Blame' at AIDS2020
On September 18th, the nine organisations comprising the HIV JUSTICE WORLDWIDE Steering Committee announced that we have unanimously agreed to support HIV2020, the international meeting that will take place in Mexico City between July 5-7, 2020.
HIV2020, which is being led by people living with HIV (PLHIV) and other key populations, will be an alternative meeting for individuals who are unable to enter the United States or unwilling to attend the International AIDS Society’s conference in San Francisco next year.
As a consequence, Beyond Blame, our biennial pre-conference usually held prior to IAS international conferences will not take place in San Francisco, but instead will be incorporated into the HIV2020 programme in Mexico City.
Beyond Blame: Challenging HIV Criminalisation is HIV JUSTICE WORLDWIDE’s flagship meeting for activists, advocates, judges, lawyers, scientists, healthcare professionals and researchers working to end HIV criminalisation. Previous meetings were held in Melbourne (2014), Durban (2016), and Amsterdam (2018).
HIV JUSTICE WORLDWIDE is represented on the HIV2020 planning committee by a number of Steering Committee organisations. In July, we met with other global community-led networks as well Mexican and Latin American advocates for an in-person planning meeting in Mexico City.
New York Times publishes op-ed on HIV criminalisation
Thanks to efforts from HIV JUSTICE WORLDWIDE Steering Committee member, the Canadian HIV/AIDS Legal Network, working with Sero’s Robert Suttle and one of the authors of the Expert Consensus Statement, Dr Chris Beyrer, the New York Times published an op-ed on August 26th explaining why the US ought to repeal or “modernize” their HIV-specific criminal laws.
The article refers to both our Advancing HIV Justice 3 report and the Expert Consensus Statement, noting “This groundbreaking statement counteracts what newspaper headlines regularly confirm: People living with HIV are being prosecuted because the law is not keeping pace with science.”
Zimbabwe Government signals intent to repeal the country's problematic HIV-specific criminal law
Following on from the late November 2018 Symposium on HIV and the Criminal Law, hosted by Zimbabwe Lawyers for Human Rights with support from HIV JUSTICE WORLDWIDE Steering Committee members ARASA and SALC (download the ZLHR report here), the Zimbabwe Government gazetted the Marriages Bill that includes repeal of the country’s problematic HIV criminalisation provision – Article 79 of Criminal Code.
This was the first HIV-specific criminal law on the African continent, and there have been more reported cases related to this law than in any other African country (in fact, the number of cases in the past three years places Zimbabwe 6th in the world, after Russia, Belarus, United States, Ukraine and Canada).
As of January 2020, however, the Bill remains tabled and has not yet been passed.
'Making Media Work for HIV Justice' and HIV JUSTICE Toolkit available in four languages
Continuing our committment to work in four languagues, this month HIV JUSTICE WORLDWIDE published our media advocacy toolkit, “Making Media Work for HIV Justice: An introduction to media engagement for advocates opposing HIV criminalisation” in three additional languages: French, Russian, and Spanish.
The purpose of this critical media toolkit is to inform and equip global grassroots advocates who are engaged in media response to HIV criminalisation–and to demystify the practice of working with, and through, media to change the conversation around criminalisation.
The toolkit provides an introduction to the topic of HIV criminalisation and the importance of engagement with media to change narratives around this unjust practice.
The toolkit also includes reporting tips for journalists, designed to educate writers and media makers around the nuances of HIV criminalisation, and the harms of inaccurate and stigmatising coverage.
Finally, the toolkit also includes a number of case studies providing examples of how media played a significant role in the outcome, or the impetus, of HIV criminalisation advocacy.
Positive Women’s Network – USA (PWN-USA), the HIV JUSTICE WORLDWIDE Steering Committee member organisation that produced the toolkit, has been working on HIV criminalisation for many years, and was an instrumental part of the coalition that brought HIV criminal law reform to the US state of California.
The original English version of “Making Media Work for HIV Justice: An introduction to media engagement for advocates opposing HIV criminalisation” along with the translations, were supported by a grant from the Robert Carr Fund for Civil Society Networks.
The new translations are the latest additions to the HIV JUSTICE Toolkit, available in English, French, Spanish, and Russian, which provides resources from all over the world to assist advocates in approaching a range of advocacy targets, including lawmakers, prosecutors and judges, police, and the media.
Global Partnership for Action to Eliminate All Forms of HIV-Related Stigma and Discrimination
In June, HIV JUSTICE WORLDWIDE Steering Committee members, GNP+ and HIV Justice Network, met with UN co-sponsors and other civil society organisations from around the world for a face-to-face meeting in Geneva of co-leads and co-conveners of the Global Partnership for Action to Eliminate All forms of HIV-related Stigma and Discrimination in order take stock on the progress establishing the partnership and to agree on a package of programmatic interventions and list of focus countries.
The partnership creates an opportunity to harness the combined power of governments, civil society, bilateral and multilateral donors, academia and the United Nations to consign HIV-related stigma and discrimination to history. Building on the commitments that countries have made as signatories to international conventions, as well as pledges at regional and national levels, the global partnership will support countries to translate those promises into policy changes, programmes and practices that realize HIV-related rights.
Based on the recommendations provided by civil society organizations and global networks of people living with HIV and key populations, the partnership will initially focus on health-care, education, workplace, legal and justice, family and community and emergency and humanitarian settings.
Programmes to eliminate HIV-related stigma and discrimination will focus on the people being left behind in the HIV response, including people living with HIV, key populations, indigenous populations, prisoners and other incarcerated people, migrants, and women and girls, particularly adolescent girls and young women.
The work continues…
Significant advances in improving the legal environment for people living with HIV in Canada
On June 14th, HIV JUSTICE WORLDWIDE Steering Committee member, the Canadian HIV/AIDS Legal Network, held their 8th Symposium on HIV, Law and Human Rights. The Symposium featured moving stories from people who have experience being criminalised, and analysis from scientific experts and others active in the community. Click on the link to download the report in English or French.
Immediately folllowing the Symposium, the House of Commons Standing Committee of Justice and Human Rights released a ground-breaking report “The Criminalization of HIV Non-Disclosure in Canada” recommending that the Government of Canada works with each of the Canadian provinces and territories to end the use of sexual assault law to prosecute allegations of HIV non-disclosure. Read more about the report and its recommendations here.
The report is the result of a study of the ‘Criminalization of Non-Disclosure of HIV Status’ that ran between April and June 2019. Many Canadian experts testified as key witnesses to help MPs gain insight into why Canada’s current approach is wrong. HIV JUSTICE WORLDWIDE also submitted a brief to the committee, providing international context to Canada’s extremely severe approach to HIV non-disclosure.
Using Research in the Fight Against HIV Criminalisation: A Guide for Activists
In June, a new guide to help advocates working to end HIV criminalisation who want to use research in their activism was published by HIV Justice Network on behalf of HIV JUSTICE WORLDWIDE.
Written by Professor Eric Mykhalovskiy, Sociology Department, York University, Canada; Edwin J Bernard, HIV Justice Network’s Global Co-ordinator; Sally Cameron, HIV Justice Network’s Senior Policy Analyst; and Laurel Sprague, formerly at Sero, HIV Justice Network, and GNP+ and now Special Advisor, Community Mobilisation, UNAIDS, the guide aims to demystify research about HIV criminalisation and suggest some of the ways it can be used by advocates.
Click on the link to download as a 22 page pdf (in English).
Colombia Constitutional Court strikes down HIV criminalisation law
Following a constitutional challenge – supported by HIV JUSTICE WORLDWIDE through an amicus brief from Edwin Cameron – on June 5th, the Constitutional Court overturned article 370 of Law 599 of 2000 which criminalised people living with HIV or Hepatitis B for exposing others to the virus.
Advancing HIV Justice 3: Growing the global movement against HIV criminalisation
Advancing HIV Justice 3: Growing the global movement against HIV criminalisation provides a progress report of achievements and challenges in global advocacy against HIV criminalisation from 1st October 2015 to 31st December 2018.
Our global audit of HIV-related laws found that a total of 75 countries (103 jurisdictions) have laws that are HIV-specific or specify HIV as a disease covered by the law. As of 31st December 2018, 72 countries had reported cases: 29 countries had ever applied HIV-specific laws, 37 countries had ever applied general criminal or similar laws, and six countries had ever applied both types of laws.
Promising and exciting developments in case law, law reform and policy took place in many jurisdictions: two HIV criminalisation laws were repealed; two HIV criminalisation laws were found to be unconstitutional; seven laws were modernised; and at least four proposed laws were withdrawn. In addition, six countries saw precedent-setting cases limiting the overly broad application of the law through the use of up-to-date science.
- Download the full report (PDF, 76 pages, English)
- Download the executive summary (PDF, 4 pages, English)
- Téléchargez le rapport complet (PDF 76 pages, French)
- Téléchargez la synthèse (PDF, 4 pages, French)
- Скачать полный отчет (PDF, 76 страницы, Russian)
- Скачать резюме (PDF, 4 страницы, Russian)
- Descargue el informe completo (PDF, 76 páginas, Spanish)
- Descargue el resumen (PDF, 4 páginas, Spanish)
HIV JUSTICE WORLDWIDE website now available in four languages
This month, the HIV JUSTICE WORLDWIDE website became available in Russian.
Russian is now the fourth language for our global coalition and campaign, joining English, French and Spanish.
In the future, we plan to ensure that all key HJWW documents / tools are produced in these four languages.
Submission to International Commission of Jurists’ (ICJ): principles on the misuse of criminal law
HIV JUSTICE WORLDWIDE provided a submission to the International Commission of Jurists (ICJ) who are developing principles on the misuse of criminal law and the detrimental impact of the criminalisation of conduct related to sexuality, reproduction, drug use and HIV in order to guide legal practice and law reform as a means to improve the health, equality and human rights of people living with HIV and associated populations.
This submission was prepared based on discussions that occurred during a meeting of the HIV JUSTICE WORLDWIDE Steering Committee (see below) in Brighton, England in February 2019. A half-day workshop was convened to gain input from participating Steering Committee members with facilitated discussion focusing on both core and thematic questions. This process provided members with the opportunity to hear from each other and to consider their positions in relation to others’, before deciding on a shared position.
Download and read the submission here.
Fourth HIV JUSTICE WORLDWIDE Strategy Meeting takes place in Brighton
This year’s HIV JUSTICE WORLDWIDE Strategy Meeting – our fourth and the last to be convened in Brighton, UK – reflected on the global impact of HIV JUSTICE WORLDWIDE so far, and explored how to move forward to build on the momentum and increased visibility of the movement to end HIV criminalisation. Among the many challenges and successes discussed it was noted that the Expert Consensus Statement had been used by organisations in the following countries:
- KELIN to challenge unjust HIV law in Kenya.
- People Plus in Belarus in their advocacy to the Health & Justice Department.
- A coalition of organisations has used it in the recent Zimbabwe symposium on HIV and the law, which included representative of the legislature and judiciary.
- ALCS in Morocco in their advocacy with the prosecutor’s office, with national security and with the judiciary. They are also planning some capacity building work for judges and prosecutors.
- It has been used in Canada in engaging with Federal Attorney General to get prosecutorial guidelines; it has been shared directly with every Attorney General in the country, some of whom have begun to respond; it has been profiled as a reference in the Medical Association Journal.
Download and read the 2019 Strategy Meeting report here.
Welcoming inportant developments in Belarus in the fight against unjust HIV criminalisation
HIV JUSTICE WORLDWIDE funded for another three years by Robert Carr Fund for Civil Society Networks
We were delighted to be amongst the 24 networks and corsortia included in the 2019-21 funding round of the Robert Carr Fund for Civil Society Networks.
HIV JUSTICE WORLDWIDE (and HIV Justice Network) would not exist were it not for the Robert Carr Fund.
But, as we noted in the title of our AIDS 2018 poster, Aristotle was right – the sum is greater than the whole of its parts: How collaboration increased capacity in the fight against HIV criminalisation, we wouldn’t be able to do what we do without funding – nor could we do it without our many partners and supporters.
With this funding – an increase of 40% from our previous grant – we are now able to build and expand upon the remarkable work we have done together over the past three years.
HIV JUSTICE TOOLKIT now available in French | Boîte à outils VIH JUSTICE maintenant disponible en français
With the publication of the French version of HIV JUSTICE WORLDWIDE’s Advocacy Toolkit, French-speaking lawyers and activists fighting unjust and outdated HIV criminalisation in Francophone countries around the world now have an indispensable new resource.
The Toolkit, available at: http://toolkit.hivjusticeworldwide.org/fr/ aims to support stakeholders in their work against HIV criminalisation at all levels, whether educating community or legislators or for the individual defense of criminal cases. Designed by the HIV Justice Network (HJN) and developed with the invaluable help and assistance of members of the HIV JUSTICE WORLDWIDE French-speaking network, the Toolkit was funded by a grant from the Robert Carr Fund.
The Toolkit brings together nearly 170 documents relevant to French-speaking countries, organised into twelve main sections, further subdivided into several subsections. In addition to the classification by theme, the whole Toolkit is searchable by keyword, date, country etc.
HIV JUSTICE WORLDWIDE is committed to providing our resources in at least four languages – English, French, Spanish and Russian. We are currently working on Spanish and Russian versions of the Tookit, planned for release in 2019.
HIV JUSTICE WORLDWIDE's regional criminalisation reports released
Between November 2017 and October 2018, HIV JUSTICE WORLDWIDE’s regional hubs in Francophone Africa, Eastern Europe and Central Asia, Latin America and Caribbean, and Asia, produced regional HIV criminalisation reports that summarised the state of play regarding HIV criminalisation laws and known prosecutions in these regions.
These reports have already been used to highlight unjust laws and prosecutions for in-country advocacy, and will serve as the baseline for further advocacy and analysis.
Visit this page to download the reports.
Launch of the Expert Consensus Statement on the Science of HIV in the Context of Criminal Law
With the potential for changing the global paradigm of how HIV criminalisation is challenged in courts, the “Expert consensus statement on the science of HIV in the context of criminal law” was published in last month’s Journal of the International AIDS Society and launched at the 22nd International AIDS Conference in Amsterdam (AIDS 2018).
The Statement provides the first globally-relevant expert opinion regarding individual HIV transmission dynamics (i.e., the ‘possibility’ of transmission), long-term impact of chronic HIV infection (i.e., the ‘harm’ of HIV), and the application of phylogenetic analysis (i.e., whether or not this can be used as definitive ‘proof’ of who infected whom). Based on a detailed analysis of scientific and medical research, it describes the possibility of HIV transmission related to a specific act during sexual activity, biting or spitting as ranging from low to no possibility. It also clearly states that HIV is a chronic, manageable health condition in the context of access to treatment, and that while phylogenetic results can exonerate a defendant when the results exclude them as the source of a complainant’s HIV infection, they cannot conclusively prove that one person infected another.
HIV JUSTICE WORLDWIDE has advocated for this document for many years, and supported its development alongside UNAIDS, IAPAC and IAS. Read more about the evidence in the statement in a short summary and a Frequently Asked Questions document, both available here.
HIV criminalisation high on the agenda at AIDS 2018
For the first time since Edwin Cameron’s call to action at AIDS 2008 in Mexico City, HIV criminalisation was featured in a main plenary session at an International AIDS Conference.
HIV criminalisation survivor, Sero Project Assistant Director, Robert Suttle, and KELIN’s Executive Director, Allan Maleche, spoke about the issue from personal and professional perspectives during ‘Breaking barriers of inequity in the HIV response’ held on the first morning of conference, on the same plenary as Charlize Theron, Elton John and the Duke of Sussex.
In fact, a wide range of pre-conferences, abstract-driven sessions, posters and global village events ensured that AIDS 2018 was the ‘HIV criminalisation’ conference. Many of these sessions can be found summarised in this 2-page pdf.
Beyond Blame: Challenging HIV Criminalisation at AIDS 2018
HIV JUSTICE WORLDWIDE’s one-day symposium, Beyond Blame 2018: Challenging HIV Criminalisation took place at historic De Balie in Amsterdam just prior to AIDS 2018. Around 170 activists, advocates, judges (including Justice Edwin Cameron), lawyers, scientists (including Dr Chris Beyrer), healthcare professionals, researchers and others working to end HIV criminalisation participated in rich, nuanced discussions.
The programme included interactive panels, presentations and parallel sessions/workshops focusing on critical issues in the fight against HIV criminalisation around the world. The entire day was webcast live, and can be viewed on You Tube. You can also read the meeting report: download the pdf here.
The meeting was opened by Elizabeth Taylor’s grandchilden, Laela and Naomi Wilding. Laela noted that attending the previous Beyond Beyond in Durban, prior to AIDS 2016, was “a turning point” for herself personally, that their grandmother would have been “outraged” by this, and that the Elizabeth Taylor AIDS Foundation now makes HIV criminalisation “the focus of our advocacy efforts”.
Focus on Eastern Europe and Central Asia ahead of AIDS 2018
HIV JUSTICE WORLDWIDE’s EECA hub, the Eurasian Women’s Network on AIDS (EWNA), part of the GNP+ family, having produced a ground breaking report on HIV-related laws and prosecutions in the EECA region, found that between January 2015 and June 2017, 128 criminal cases had been prosecuted in Belarus under Article 157, the country’s overly broad HIV-specific criminal law.
The highest number of cases in the country were reported in the Gomel region where between 2012 and 2016, 38 cases were reported. However, in the first half of 2017 alone, at least 50 cases had been filed before the courts.
People PLUS, a public association representing people living with HIV in Belarus, have been building the case against criminalisation on the ground, including arranging a meeting with the Chairman of the Gomel Regional Court, in order to reduce the number of ongoing cases and to get support to further changes in legislation.
Parliamentary hearings on proposals to improve the law are expected to take place in Autumn 2018.
Third US 'HIV is Not a Crime' Training Academy includes participants from Belize, Canada, Colombia and Mexico
The third US ‘HIV Is Not a Crime’ Training Academy co-organised by two HIV JUSTICE WORLDWIDE Steering Committee members, the SERO Project and Positive Women’s Network – USA, took place between June 3-6 at Indiana University – Purdue University Indianapolis.
Anchored by six plenary sessions, where expert panels of people living with HIV, advocates, lawyers and parliamentarians delved into rich discussions, including the experiences of survivors of HIV criminalisation; the intersection of race and gender in criminalisation; and what legislative champions do behind the scenes to move bills. Participants also had 20 breakout sessions to choose from throughout the three days.
The Training Academy also included participation from advocates and legal experts from Belize, Canada, Colombia and Mexico, and for the first time included a plenary session on HIV criminalisation the Latin American region.
In addition, the opening, closing and plenary sessions were all streamed live on Facebook (archived here), allowing real-time international participation.
Both of these latter initiatives were supported by HIV JUSTICE WORLDWIDE.
Mexico Supreme Court finds Veracruz law criminalising ‘wilful transmission’ of HIV and STIs to be unconstitutional
Following a Constitutional challenge initiated in February 2016 by the Multisectoral Group on HIV / AIDS and STIs of Veracruz and the National Commission on Human Rights, and supported by HIV JUSTICE WORLDWIDE, Mexico’s Supreme Court of Justice ruled that the amendment to Article 158 of the Penal Code of the State of Veracruz was invalid as it violates a number of fundamental rights: equality before the law; personal freedom; and non-discrimination.
New Francophone Network meets at AFRAVIH
In April 2018, the Canadian HIV/AIDS Legal Network organised a meeting of the new Francophone network of HIV JUSTICE WORLDWIDE at the AFRAVIH conference in Bordeaux (France).
Just a few hours before, Professor Alexandra Calmy delivered a powerful presentation on the upcoming international Expert Consensus Statement on the Science of HIV in the Context of Criminal Law at a satellite session organized by UNAIDS, the Global Fund to Fight AIDS, Tuberculosis and Malaria and HIV JUSTICE WORLDWIDE.
Third HIV JUSTICE WORLDWIDE Strategy Meeting takes place in Brighton
At our third HIV JUSTICE WORLDWIDE strategy meeting, our growing number of partners and supporters spent three days discussing ways to work closer together to further enhance the capacity of advocates to challenge and influence law-, policy- and decision-makers to prevent or stop unjust use of criminal laws against people living with HIV.
This time, due to increasing regional participation, we used streaming technology to bring partners from around the world into our seafront meeting room Brighton, and vice versa.
An asterisk* denotes HIV JUSTICE WORLDWIDE Steering Committee member.
(L-R): Raoul Fransen (Supervisory Board, HIV Justice Network) Lisa Power (Supervisory Board, HIV Justice Network), Seth Earn (AIDS Free World*); Mianko Ramaroson (UNAIDS); Ferenc Bagyinszky (AIDS Action Europe*), Sylvie Beaumont (Research/Outreach Co-ordinator, HIV Justice Network); Kene Esom (UNDP); Nicholas Feustel (Video Advocacy Consultant, HIV Justice Network); Omar Syarif (GNP+); Sally Cameron (Senior Policy Analyst, HIV Justice Network*); Alexandra Volgina (GNP+*); Annabel Raw (SALC*); Oratile Moseki (International HIV/AIDS Alliance); Richard Elliott (Canadian HIV/AIDS Legal Network*); Sean Strub (Sero Project*); Cecile Kazatchkine (Canadian HIV/AIDS Legal Network*); Lynette Mabote (ARASA*); Michaela Clayton (ARASA*); and Edwin J Bernard (Global Co-ordinator, HIV Justice Network*).
Other participants at the meeting, but not pictured here, were: Stéphanie Claivaz-Lorager (independent consultant); Naina Khanna (Positive Women Network-USA*); Paul Kidd (Supervisory Board, HIV Justice Network), Rebecca Matheson-Omondi (International Community of Women Living with HIV*); and Svitlana Moroz (Eurasian Women’s Network on AIDS).
New Toolkit Supports Advocates in Using Media to Fight for HIV Justice
In March 2018, HIV JUSTICE WORLDWIDE released the latest addition to the HIV JUSTICE Toolkit, “Making Media Work for HIV Justice: An introduction to media engagement for advocates opposing HIV criminalisation.”
Produced by Positive Women’s Network-USA on behalf of HIV JUSTICE WORLDWIDE, the toolkit helps advocates understand the importance of engagement with media to change narratives around this unjust practice.
It also includes reporting tips for journalists, designed to educate writers and media makers around the nuances of HIV criminalisation, and the harms of inaccurate and stigmatising coverage.
In April, a 90 minute webinar hosted by PWN-USA introduced attendees to some of the concepts and practices highlighted in the toolkit, and featured formidable activists, journalists, communications professionals, and human rights defenders working at the intersection of media and HIV criminalisation.
Equipping lawyers and activists across Africa with the skills to counter HIV and TB criminalisation
Over 80 lawyers and activists from 27 African countries gathered from 20 to 23 February 2018 for a four-day training workshop aimed at equipping lawyers and activists with skills and knowledge on HIV and TB criminalisation.
The training was hosted by HIV JUSTICE WORLDWIDE Steering Committee members, the Southern Africa Litigation Centre (SALC), the AIDS and Rights Alliance for Southern Africa (ARASA) and HIV Justice Network, along with Kenya Legal & Ethical Issues Network on HIV and AIDS (KELIN), Stop TB Partnership and UNAIDS, with support from the United Nations Development Programme (UNDP) through the Africa Regional Grant on HIV: Removing Legal Barriers.
An important new resource for lawyers defending clients and working on strategic litigation, the HIV Criminalisation Defence Case Compendium was published by SALC to accompany the training.
Read more on the UNDP Africa website.
New Steering Committee Members Join HIV JUSTICE WORLDWIDE
“The criminalization of HIV is an insidious attack on human rights and one that dangerously undermines global efforts to combat the epidemic. We are thrilled to join the Steering Committee of HIV JUSTICE WORLWIDE and contribute to its important work combatting HIV criminalisation around the world.” Paula Donovan and Stephen Lewis, Co-Directors, AIDS-Free World
“Despite recent developments in some countries of Europe and the scientific evidence, many of our countries still have and apply HIV-specific criminalization, which needs joint advocacy efforts to address and change. That is why AIDS Action Europe is delighted and honoured to join the Steering Committee of HIV JUSTICE WORLDWIDE and work together via our European HIV Legal Forum project to end the unjust and harmful criminalization of our communities.” Ferenc Bagyinszky, Project Manager, AIDS Action Europe / European HIV Legal Forum
“In the last year, southern Africa has seen efforts to introduce new, overly-broad laws criminalising HIV transmission and exposure in Malawi, unjust prosecutions for HIV exposure in Zimbabwe and Malawi, and undertakings by the Zambian government to coerce HIV testing and treatment. Collective and coordinated resistance to these trends and action to ensure justice and human rights are at the forefront of the HIV response is critical. We have seen the success in our own advocacy and litigation on the rights of people living with HIV and key populations of working with strong networks of local, regional and international partners. We are honoured to join HIV JUSTICE WORLDWIDE as Steering Committee members to contribute to this important movement.” Kaajal Ramjathan-Keogh, Executive Director, Southern African Litigation Centre (SALC)
HIV criminalisation in francophone Africa highlighted at ICASA
As a side event to the ICASA conference in Côte d’Ivoire in early December, the Canadian HIV/AIDS Legal Network organised a unique meeting on HIV criminalisation in Francophone Africa on behalf of HIV JUSTICE WORLDWIDE.
Bringing together people living with HIV, activists, lawyers and a judge, as well as organizations representing or working with the LGBTI communities, drug users and sex workers in North, West and Central Africa, this meeting helped lay the foundations for a Francophone network against HIV criminalisation.
At the meeting, HIV JUSTICE WORLDWIDE also released the first-ever Regional HIV Criminalisation Report for Francophone Africa, produced by the Canadian HIV/AIDS Legal Network, which found that of the 18 countries in the region, 16 HIV-specific laws criminalise HIV transmission or exposure with only the HIV-specific laws of Comoros and Mauritius containing no criminal provisions in this respect.
It also found case reports (including cases that have been discontinued or settled outside of the courts) in 11 countries – Benin, Burkina Faso, Cameroon, Congo, Morocco, Mauritania, Niger, Central African Republic, Democratic Republic of the Congo, Togo and Tunisia.
The report, in French, also includes an English-language summary, and can be downloaded here.
An important, but modest, advance in improving the legal environment for people living with HIV in Canada
Following years of advocacy from HIV JUSTICE WORLDWIDE founding partner, the Canadian HIV/AIDS Legal Network, and their allies in the Canadian Coalition to Reform HIV Criminalisation, it was announced by Federal and Provincial ministers on World AIDS Day that the latest science relating to the prevention benefit of HIV treatment should be taken into consideration when prosecuting alleged HIV non-disclosure: an important, but modest advance.
There is a now a call for both a moratorium on all HIV-related prosecutions and a review of existing convictions and for a more radical overhaul of Canada’s framing of HIV non-disclosure as aggravated sexual assault.
Celebrating the adoption of Malawi's amended HIV Law that removes rights-infringing provisions
On Tuesday, 28 November, Malawi Members of Parliament voted to reject coercive and criminalising provisions that threatened human rights in a long-deliberated HIV (Prevention and Management) Bill.
Support from a number of HIV JUSTICE WORLDWIDE Steering Committee members resulted in the galvanising of women activists in Malawi, who protested before Parliament against a number of rights-infringing provisions in the HIV Bill, including mandatory HIV testing and treatment for select populations on a discriminatory basis, and provisions that would have criminalised negligent, reckless and intentional HIV exposure and transmission.
You can read the press release from HIV JUSTICE WORLDWIDE partners (ARASA, GNP+ and SALC) celebrating this important achievement.
Mexico's first ‘HIV is Not A Crime’ meeting leads to new Network and impressive early results
In October 2017 the first Spanish-language ‘HIV Is Not A Crime’ meeting took place in Mexico City, supported by the HIV JUSTICE WORLDWIDE coalition.
The two-day meeting brought together people living with HIV, activists, lawyers, human rights defenders, and academics from across Mexico – alongside HIV JUSTICE WORLDWIDE partners CNET+ (Belize), Sero Project (USA), and the HIV Justice Network – to discuss the current state of HIV criminalisation nationally, regionally and globally.
As a result of the meeting, the Mexican Network of organisations against the criminalisation of HIV was formed, bringing together 29 organizations from all over the country. During, and immediately following the meeting, the Network drafted an 11-point Declaration addressed to various governmental agencies in charge of responding to the epidemic, as well as to society in general.
With two weeks of the meeting, Network representatives met with Congresswoman Laura Beristain, who had proposed the new unjust, overly broad HIV criminal law in Quintana Roo. She listened to their arguments, read the Declaration, and immediately gave a firm commitment to repeal Quintana Roo’s problematic provisions in Article 113.
Launch of the (English-language) online HIV JUSTICE Toolkit
In October 2017, we launched the HIV Justice Toolkit, which aims to support advocates to oppose HIV criminalisation at all levels – from educating communities and lawmakers to defending individual cases.
The Toolkit is a comprehensive compendium of almost 300 documents and videos, organised under twelve main headings, each of which is broken down into further subsections. The entire Toolkit is also searchable by keyword.
Although the Toolkit is currently only available in English, where documents already exist in other languages, these are included, and a French version is due in 2018.
First-ever European Legal Environments Training Academy takes place in Berlin
In September 2017, the first European HIV Academy for Enabling Legal Environments brought together 35 advocates from 20 countries working on HIV-related law and policy reform across the WHO Europe region.
This European Legal Environments Training Academy (#ELETA) was a joint collaboration of three HIV JUSTICE WORLDWIDE Steering Committee members AIDS Action Europe, Global Network of People living with HIV (GNP+) and HIV Justice Network plus the European AIDS Treatment Group.
Presenting our work to philanthropic funders in Washington DC at the Funders Concerned About AIDS Summit
In September, three HIV JUSTICE WORLDWIDE founding members – Laurel Sprague, Executive Director of the Global Network of People living with HIV (GNP+), Lynette Mabote, Regional Programmes Lead at ARASA and HIV Justice Network’s Global Co-ordinator, Edwin Bernard – presented at the Funders Concerned About AIDS (FCAA) Philanthropy Summit in Washington DC on the worldwide movement to end HIV criminalisation, alongside our key partner, Luisa Cabal, Special Adviser on Human Rights and Gender at UNAIDS. The session was chaired by Sergey Votyagov, Executive Director of the Robert Carr civil society Networks Fund, which funds the HIV JUSTICE WORLDWIDE coalition.
HIV JUSTICE WORLDWIDE opens to new members
In June 2017, we invited organisations from around the world who share our values and principles to join the movement. As of March 2018, more than 70 organisations have joined the seven founding partners to become part of our vibrant global community of advocates fighting to abolish HIV-related criminalisation.
Johannesburg Meeting: 'From N’Djamena to SADC and EAC Model Laws and Beyond'
In April 2017, ARASA – in collaboration with other members of the HIV JUSTICE WORLDWIDE Steering Committee – convened a two-day meeting involving policy and law makers, members of the judiciary, lawyers, parliamentarians and representatives from civil society organisations from the East African, SADC regions and global North.
The meeting discussed the ways HIV criminalisation is creating an adverse impact on public health needs and outcomes for certain populations, especially women, perpetuating gender inequality, and further marginalising and stigmatising key populations. The meeting concluded that there is a need to focus on the inter-sectionalities within the HIV criminalisation discourse.
Download and read the meeting report here.
Second HIV JUSTICE WORLDWIDE Strategy Meeting
At our second HIV JUSTICE WORLDWIDE strategy meeting, our growing number of partners and supporters spent three days discussing ways to work closer together to further enhance the capacity of advocates to challenge and influence law-, policy- and decision-makers to prevent or stop unjust use of criminal laws against people living with HIV.
(L-R): Nicholas Feustel (Video Advocacy Consultant, HIV Justice Network*); Sean Strub (Sero Project*); Catherine Murphy (Amnesty International); Evgenia Maron (EECA Consultant); Sylvie Beaumont (Research/Outreach Co-ordinator, HIV Justice Network*); Seth Earn (AIDS Free World*); Patrick Eba (UNAIDS); Laurel Sprague (formerly HJN’s Research Fellow on HIV, Gender and Justice, now Executive Director, GNP+*); Edwin J Bernard (Global Co-ordinator, HIV Justice Network*); Lynette Mabote (ARASA*); Richard Elliott (Canadian HIV/AIDS Legal Network*); Naina Khanna (PWN-USA*); Julian Hows (GNP+*); Ferenc Bagyinszky (AIDS Action Europe); and Sally Cameron (Senior Policy Analyst, HIV Justice Network*).
Other participants at the meeting, but not pictured here, were: Sophie Brion (ICW*), Lisa Power (Chair, Supervisory Board, HIV Justice Network*) and Boyan Konstantinov (UNDP).
Supporting the Veracruz legal challenge at the Mexican Supreme Court
HIV Justice Network’s Global Co-ordinator, Edwin J Bernard, and SERO’s Executive Director, Sean Strub, joined advocates in Mexico City to highlight a letter of support from HIV JUSTICE WORLDWIDE to a legal challenge to the HIV-specific criminal law in Veracruz undertaken by the Mexican Human Rights Commission and the Veracruz Multisectoral Group.
This was followed by a march from the Human Rights Commission’s building to the Supreme Court of Justice, where the letter was officially registered as a friend of the court submission.
(Pictured: Edwin J Bernard and Patricia Ponce, of the Veracruz Multisectoral Group presenting the letter to the Supreme Court.)
Beyond Blame @AIDS2016
The HIV Justice Network and ARASA co-organised the Beyond Blame pre-conference prior to AIDS 2016 in Durban on behalf of the HIV JUSTICE WORLDWIDE coalition. The meeting allowed advocates from 36 countries to strategise and build power together and also placed HIV criminalisation on the main conference stage.
ARASA and the Canadian AIDS Legal Network also co-hosted the Human Rights Networking Zone in the Global Village at AIDS 2016.
Reaching a global TV/web audience on The Stream
ARASA’s Executive Director, Michaela Clayton, HIV Justice Network’s Global Co-ordinator, Edwin J Bernard, and SERO advisory board member, Ken Pinkela, reached a global audience on both TV and the internet with a 30 minute programme on The Stream, on Al Jazeera English. Anand Grover, Senior Advocate at Supreme Court of India, founder of India’s Lawyers Collective, and a former UN Special Rapporteur on the Right to Health also appeared.
HIV Is Not a Crime Training Academy
The Sero Project and Positive Women’s Network-USA jointly organised the HIV Is Not a Crime Training Academy, designed to galvanise momentum towards intersectional approaches to ending HIV criminalisation.
Held at the University of Alabama, Huntsville, the meeting brought together more than 300 advocates from 34 US states, as well as delegations from Canada and Mexico, building new relationships and providing participants with new skills to help address HIV criminalisation locally, nationally and regionally.
Since the training academy we’ve seen tremendous advances and strategic and fierce organising led primarily by people living with HIV.
Advancing HIV Justice 2: Building momentum in global advocacy against HIV criminalisation
Our Advancing HIV Justice 2 report revealed that although HIV criminalisation is a growing, global phenomenon, advocates around the world are working hard to ensure that the criminal law’s approach to people living with HIV fits with key legal and human rights principles as well as recognising up-to-date science.
Read or download the report here.
HIV JUSTICE WORLDWIDE Launch
In March 2016, seven civil society networks from around the globe, most of them led by people living with HIV, launched the HIV JUSTICE WORLDWIDE coalition to coordinate a global response to the unjust use of laws against people with HIV.
HIV JUSTICE WORLDWIDE founding partners* and supporters at the launch of the
coalition in Brighton, March 24th 2016. Back row L-R: Rhon Reynolds (GNP+*),
Edwin J Bernard (HIV Justice Network*), Jessica Whitbread (ICW*), Boyan
Konstantinov (UNDP), Patrick Eba (UNAIDS), Sean Strub (SERO*). Front row L-R:
Julian Hows (GNP+*), Sylvie Beaumont (HIV Justice Network*), Cécile Kazatchkine
(Canadian HIV/AIDS Legal Network*), Naina Khanna (PWN-USA*) and Michaela