The Center for HIV Law and Policy and its Positive Justice Project has been closely following the proposed Legislative Bill 226 in Nebraska, as well as assisting Nebraska advocates in organizing a response. The Assault with Bodily Fluids Bill would criminalize striking any public safety officer with any bodily fluid (or expelling bodily fluids toward them) and includes a specific increase of penalty to a felony (up to five years and/or $10,000 fine) if the defendant is HIV positive or has Hepatitis B or C.
Send Lawyers, Guides and Money: The Legal Services Needs of People Living with HIV in the Southern United States, describes the reported experiences of persons with HIV and those who provide services to them, with discrimination and other barriers to basic needs, and describes whether they could get legal help to resolve those barriers. Eighty-five percent of the respondents to CHLP's survey identified problems related to their HIV status that required legal help. Of these people, almost 50% were not able to receive legal help the last time they needed it.
State Officials Have a Legal Obligation to Provide LGBT-Inclusive Sexual Health Education and Medical Care to Young People in Their Charge
The Center for HIV Law and Policy today released the first legal report and guide on the rights of youth in detention and foster care facilities to comprehensive sexual health care, including sexual medical care, sexuality education, and staff training on sexual orientation and the needs and rights of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth. The publication, Juvenile Injustice: The Unfulfilled Rights of Youth in State Custody to Comprehensive Sexual Health Care, analyzes the foundation of this right and the sexual health care needs of youth in out-of-home care.
In recognition of World AIDS Day and its coverage of stigma, In the Life Media, has produced the first nuanced look at the issue -- and consequences -- of HIV criminalization in a new segment of In the Life. The Center for HIV Law and Policy and its Positive Justice Project will be featured in the program, "The Cost of Stigma: Legalizing Stigma," currently airing on public television stations nationwide. To watch the episode click here.
This manual of state and federal laws and cases is the first volume of a multi-part manual that CHLP's Positive Justice Project is developing for legal and community advocates on HIV criminalization. Thirty-four states and two U.S. territories have HIV-specific criminal statutes and thirty-six states have reported proceedings in which HIV-positive people have been arrested and/or prosecuted for consensual sex, biting, and spitting. At least eighty such prosecutions have occurred in the last two years alone. The work of CHLP's Positive Justice Project focuses on the terrible injustice of HIV criminalization and hopes that this manual, and future publications, will make it easier for advocates to defend against these discriminatory prosecutions.