tag:blogs.poz.com,2009-03-02:/edwinbernard//66 2012-11-15T16:36:12Z HIV Criminalization Movable Type 4.34-en tag:blogs.poz.com,2012:/edwinbernard//66.400371 2012-11-15T13:30:00Z 2012-11-15T16:36:12Z

Today marks an important step forward in global advocacy towards a fairer, just, rational, proportionate and limited use of laws and prosecutions for HIV non-disclosure, potential or perceived exposure and transmission. The new HIV Justice Network website is intended to be a global information and advocacy hub for individuals and organisations working to end the inappropriate use of the criminal law to regulate and punish people living with HIV. At the same time, we will also be launching the HIV Justice newsletter. As well as including the latest international news and analysis relating to cases, laws, policy and advocacy, it is an opportunity to promote the work of advocates and researchers, such as highlighting upcoming events and new resources.

Edwin Bernard http://criminalhivtransmission.blogspot.com Today marks an important step forward in global advocacy towards a fairer, just, rational, proportionate and limited use of laws and prosecutions for HIV non-disclosure, potential or perceived exposure and transmission. The new HIV Justice Network website is intended to be a global information and advocacy hub for individuals and organisations working to end the inappropriate use of the criminal law to regulate and punish people living with HIV. At the same time, we will also be launching the HIV Justice newsletter. As well as including the latest international news and analysis relating to cases, laws, policy and advocacy, it is an opportunity to promote the work of advocates and researchers, such as highlighting upcoming events and new resources. tag:blogs.poz.com,2012:/edwinbernard//66.400332 2012-10-15T04:00:47Z 2012-10-15T07:14:53Z

The Supreme Court of Canada ruled on Friday October 5th that individuals who know they are HIV-positive are liable to criminal prosecution for aggravated sexual assault - which comes with a maximum sentence of life in prison and sex offender status - if they do not disclose this fact prior to sex that may risk a "realistic possibility of transmission of HIV". There's been a lot of confusion about whether this ruling, which created the illusion of being fair, rational, just and based on the latest science, was a step in the right direction. Believe me, it wasn't.

Edwin Bernard http://criminalhivtransmission.blogspot.com The Supreme Court of Canada ruled on Friday October 5th that individuals who know they are HIV-positive are liable to criminal prosecution for aggravated sexual assault - which comes with a maximum sentence of life in prison and sex offender status - if they do not disclose this fact prior to sex that may risk a "realistic possibility of transmission of HIV". There's been a lot of confusion about whether this ruling, which created the illusion of being fair, rational, just and based on the latest science, was a step in the right direction. Believe me, it wasn't. tag:blogs.poz.com,2012:/edwinbernard//66.400219 2012-07-09T17:45:24Z 2012-07-10T06:43:06Z

Today, the Global Commission on HIV and the Law finally issued its long-awaited report, 'HIV and the Law: Risks, Rights and Health.' It was well worth the wait. But what did the Commission mean by some of the recommendations, which, when you read them from the point of view of a legislator, or someone who can affect policy in the criminal justice system, might not be quite as clear as they could be?

Edwin Bernard http://criminalhivtransmission.blogspot.com Today, the Global Commission on HIV and the Law finally issued its long-awaited report, 'HIV and the Law: Risks, Rights and Health.' It was well worth the wait. But what did the Commission mean by some of the recommendations, which, when you read them from the point of view of a legislator, or someone who can affect policy in the criminal justice system, might not be quite as clear as they could be? tag:blogs.poz.com,2011:/edwinbernard//66.33091 2011-12-12T05:00:20Z 2011-12-12T12:51:48Z

In Sweden, the Communicable Diseases Act requires people with diagnosed HIV to disclose in any situation where someone might be placed at risk and to also practise safer sex (which, in Sweden, means using condoms - the impact of treatment on viral load and infectiousness is not a yet considered to be part of the safer sex armamentarium.) But in Sweden you're damned if you do (disclose) and damned if you don't because Sweden is one of several countries in western Europe - including Austria, Finland, Norway, and Switzerland - where people with HIV can be (and are) prosecuted for having consensual unprotected sex even when there was prior disclosure of HIV-positive status and agreement of the risk by the HIV-negative partner. Sweden uses the general criminal law for these prosecutions of which there have been at least 40 - out of an HIV population of around 5,000.

Edwin Bernard http://criminalhivtransmission.blogspot.com In Sweden, the Communicable Diseases Act requires people with diagnosed HIV to disclose in any situation where someone might be placed at risk and to also practise safer sex (which, in Sweden, means using condoms - the impact of treatment on viral load and infectiousness is not a yet considered to be part of the safer sex armamentarium.) But in Sweden you're damned if you do (disclose) and damned if you don't because Sweden is one of several countries in western Europe - including Austria, Finland, Norway, and Switzerland - where people with HIV can be (and are) prosecuted for having consensual unprotected sex even when there was prior disclosure of HIV-positive status and agreement of the risk by the HIV-negative partner. Sweden uses the general criminal law for these prosecutions of which there have been at least 40 - out of an HIV population of around 5,000. tag:blogs.poz.com,2011:/edwinbernard//66.32915 2011-08-04T17:56:27Z 2012-10-13T10:48:31Z

Understanding the unintended impacts of the criminalization of HIV exposure or transmission - way beyond the relatively few individuals who are accused, arrested and/or prosecuted - can play a crucial part in advocating against such laws and prosecutions. I'm hoping that POZ readers will help me collate personal testimonies about the impact of HIV criminalization on their own lives.

Edwin Bernard http://criminalhivtransmission.blogspot.com Understanding the unintended impacts of the criminalization of HIV exposure or transmission - way beyond the relatively few individuals who are accused, arrested and/or prosecuted - can play a crucial part in advocating against such laws and prosecutions. I'm hoping that POZ readers will help me collate personal testimonies about the impact of HIV criminalization on their own lives. tag:blogs.poz.com,2011:/edwinbernard//66.32912 2011-08-03T19:44:48Z 2011-08-03T19:53:12Z

Johnson Aziga would have been at least 78 years old if he had been able to be considered for release after 25 years. And yet, somehow, the Canadian legal system considers that at this age, Mr Aziga's libido would be so voracious, his appeal so alluring to Canada's heterosexual female population, that he must be locked up for life. The legal characterization of men of African origin with HIV as 'monstrously' hypersexual is not new. Back in 1993, Canada tried to convict Charles Ssenyonga of similar 'crimes' (His 'victims', like Aziga's, were all white women; his virus, like Aziga's, a "rare African strain".) But Ssenyonga died before the trial concluded.

Edwin Bernard http://criminalhivtransmission.blogspot.com Johnson Aziga would have been at least 78 years old if he had been able to be considered for release after 25 years. And yet, somehow, the Canadian legal system considers that at this age, Mr Aziga's libido would be so voracious, his appeal so alluring to Canada's heterosexual female population, that he must be locked up for life. The legal characterization of men of African origin with HIV as 'monstrously' hypersexual is not new. Back in 1993, Canada tried to convict Charles Ssenyonga of similar 'crimes' (His 'victims', like Aziga's, were all white women; his virus, like Aziga's, a "rare African strain".) But Ssenyonga died before the trial concluded. tag:blogs.poz.com,2011:/edwinbernard//66.32901 2011-07-27T17:24:15Z 2011-07-27T17:45:43Z

The British tabloid press had a field day yesterday following the sentencing of Nkosinati Mabanda, 44, at Wolverhampton Crown Court for 'reckless' HIV transmission. Since Mr Mabanda's country of birth is Zimbabwe (he apparently migrated to the UK in 2004), the two right-wing (and best-selling) tabloids, The Sun and The Daily Mail pandered to their readers' prejudices and characterised this human being who had make mistakes (as human beings do) as an 'HIV Monster'.

Edwin Bernard http://criminalhivtransmission.blogspot.com The British tabloid press had a field day yesterday following the sentencing of Nkosinati Mabanda, 44, at Wolverhampton Crown Court for 'reckless' HIV transmission. Since Mr Mabanda's country of birth is Zimbabwe (he apparently migrated to the UK in 2004), the two right-wing (and best-selling) tabloids, The Sun and The Daily Mail pandered to their readers' prejudices and characterised this human being who had make mistakes (as human beings do) as an 'HIV Monster'. tag:blogs.poz.com,2011:/edwinbernard//66.32749 2011-04-04T12:48:26Z 2011-04-04T23:16:02Z

Something is not-so-rotten in the state of Denmark. In February, Denmark's Justice Minister Lars Barfoed announced the suspension of Article 252 of the Danish Criminal Code - the so-called 'HIV law' - pending an inquiry by a government working group to consider whether the only HIV-specific criminal law in Western Europe should be revised or abolished. Importantly, what happens in Denmark doesn't just stay in Denmark. If the Danes make the right decision and repeal their HIV-specific criminal law, this could have a profound effect on criminalization policy all around the world, including in the United States.

Edwin Bernard http://criminalhivtransmission.blogspot.com Something is not-so-rotten in the state of Denmark. In February, Denmark's Justice Minister Lars Barfoed announced the suspension of Article 252 of the Danish Criminal Code - the so-called 'HIV law' - pending an inquiry by a government working group to consider whether the only HIV-specific criminal law in Western Europe should be revised or abolished. Importantly, what happens in Denmark doesn't just stay in Denmark. If the Danes make the right decision and repeal their HIV-specific criminal law, this could have a profound effect on criminalization policy all around the world, including in the United States. tag:blogs.poz.com,2011:/edwinbernard//66.32629 2011-02-10T14:14:06Z 2011-02-11T09:17:36Z

Montana Representative Janna Taylor testified in favor of Montana keeping the death penalty by citing the example of the most heinous, murderous crime she could think of - prisoners with HIV aiming saliva and/or blood-soaked paper "blow darts" at prison guards in an attempt to kill them.

Edwin Bernard http://criminalhivtransmission.blogspot.com Montana Representative Janna Taylor testified in favor of Montana keeping the death penalty by citing the example of the most heinous, murderous crime she could think of - prisoners with HIV aiming saliva and/or blood-soaked paper "blow darts" at prison guards in an attempt to kill them.