Criminal Law, Public Health, and HIV Transmission: A Policy Options Paper, UNAIDS

White Papers and Reports

This paper, drafted in 2002 for UNAIDS by Richard Elliott of the Canadian HIV/AIDS Legal Network, is a well organized and useful document that describes the various policy considerations involved in legislating criminalization of HIV, and includes multiple policy options that advocates can use to argue against criminal exposure and transmission laws, or at least for mitigation of the effects of such laws. It incorporates a human rights discussion throughout and offers some guiding principles that legislators ought to keep in mind when considering legislation designed to punish HIV-positive individuals.