Bibliography on Criminalization of HIV Non-Disclosure, Exposure, and Transmission, Center for Interdisciplinary Research on AIDS, Yale University (2018)

Compilations of Laws and Cases

This bibliography is the second update of the annotated bibliography on criminalization of HIV exposure, published in 2012. The updated document was curated by Dini Harsono, M.Sc., Assistant Director of the Clinical and Health Services Research (CHSR) Core and coordinator of the Criminalization of HIV Exposure Work Group at the Center for Interdisciplinary Research on AIDS (CIRA) at Yale University. The Criminalization of HIV Exposure Work Group is a multidisciplinary collaboration of policy makers, advocates, researchers, public health officials, and other relevant stakeholders that aims to examine critical public health, ethical, and legal issues around criminalization, discuss the ethical and public health implications of the criminal law, and develop research questions pertaining to criminalization of HIV non-disclosure, exposure and transmission in North America.

Since this bibliography on HIV criminalization was first published, literature on this topic has grown substantially. The present bibliography systematically highlights the literature consisting of summaries of criminal laws, empirical research, legal and public health analyses, fact sheets and guidance documents, consensus statements, and other relevant references on criminalization in the context of the United States and Canada. Peer-reviewed articles and resources were identified through database searches, review of relevant organizations' websites, and consultations with members of the work group. The bibliography is not meant to be exhaustive, nor does it attempt to include every publication focused on criminalization of HIV exposure. Rather, the goal is to provide to those involved in HIV-related research, care, advocacy and policymaking key articles and documents focused on the complex issues and discussions surrounding HIV criminalization. The bibliography is a working document and will be updated periodically.

The bibliography contains 227 references organized into six categories:
1. Overview of criminal laws and analyses of case laws (5)
2. Empirical studies on criminalization conducted in the US, Canada, and other countries (126)
3. Legal and public health analyses on criminalization including implications of laws on HIV prevention and care and public health practice (62)
4. Guidance, fact sheets and talking points (19)
5. Policy and consensus statements released by organizations and professional associations calling for an end to the criminalization of HIV and other diseases (8)
6. Other relevant references (e.g., HIV transmission risk, phylogenetics) (7)