Issues Paper: Criminalisation Of HIV Non-Disclosure, Exposure and Transmission High-Level Policy Consultation

Across the world, many countries and legal jurisdictions have adopted HIV-specific laws or invoked general criminal law to prosecute individuals who allegedly fail to disclose their HIV status prior to sexual relations (HIV non-disclosure), expose others to HIV (HIV exposure), and/or transmit HIV to others (HIV transmission). Although the exact number of initiated and completed prosecutions for HIV non-disclosure, exposure and transmission is unknown, the Global Network of People Living with HIV has identified some 600 known convictions for HIV non-disclosure, exposure or transmission, the great majority of which have taken place in high income countries.

Over the years, many advocates, human rights and public health experts, and people living with HIV have voiced their concerns about the nature and impact of the criminalisation of HIV non-disclosure, exposure and transmission. Legal criticism against these laws and practices points to the facts that they are often not informed by evidence relating to HIV, disregard generally applicable criminal law principles, and have resulted in disproportionately harsh sentences in several cases. Public health concerns relate to the facts that there is no evidence that the criminal law is an effective tool for HIV prevention, while there is some indication that fear of prosecution discourages people from getting tested for HIV or disclosing their HIV status.