The problem with the use of criminal law as a public health response
“HIV criminalization” refers to the use of criminal law to penalize alleged, perceived or potential HIV exposure; alleged nondisclosure of a known HIV-positive status prior to sexual contact (including acts that do not risk HIV transmission); or non-intentional HIV transmission.
The report was developed as part of the project of the European HIV Legal Forum (EHLF) working on the issue of HIV-criminalization in 10 EU/EEA countries. Our member organizations provided legal information and report of the legal cases of criminalization of non-disclosure of HIV-status, exposure to-, and transmission of HIV in their respective countries.
Despite the progress of scientific evidence and recent positive developments in practice of investigations and prosecutions in some European countries, HIV-criminalization remains a key issue both for PLHIV and prevention measures across Europe. According to data from HIV Justice Network, 18 countries in the WHO European region have HIV specific criminalisation laws, and 31 countries have prosecuted PLHIV.
We hope that our member and partner organizations will find both the report and the policy paper and its recommendations a useful tool in their advocacy towards ending the inappropriate use of criminal law against people living with HIV and other key populations.
 HIV Justice Network – Global HIV-Criminalization Database https://www.hivjustice.net/global-hiv-criminalisation-database/