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ISSUES

Criminal prosecutions for HIV transmission occur globally with little coordinated scrutiny of their impact or progress. To counter this, GNP+ are undertaking a global scan. THT worked with them on the first European and Central Asian Scan from 2004 and together they have now undertaken a revision in 2010 which allows comparison of changes.

DESCRIPTION

The THT/GNP+ project scanned laws, prosecutions and convictions for HIV transmission/exposure in 53 countries in Europe and central Asia; mapping use of the criminal/other law; recording rates of prosecutions/convictions; type of laws used, who is prosecuted. The Scan also identifies local organisations working on these issues. In early 2010 we re-surveyed the 53 states previously scanned in 2008 and 2004. Significant changes were notified from 13 countries, including increases (Finland, France) and reductions (Netherlands) in numbers of prosecutions; increased punishments (Croatia); and ongoing policy discussions (Ireland, Serbia, UK).

LESSONS LEARNED

Despite a raised awareness of potential adverse impacts of criminalisation upon public health and on people with HIV, the inappropriate nature of some prosecutions, and the inequities surrounding who is prosecuted, advocacy appears to be patchy and have had little impact in most countries so far. Prosecutions and convictions are still occurring and prosecutions for exposure have begun in new countries (eg, Scotland). Punishments have also been increased in some countries and there are a wide range of charges and sentences. In a number of countries, the picture remains unclear and deeply confusing for people with HIV as to their rights and responsibilities around sex, HIV transmission and the law.

However, where advocacy efforts have been sustained and practical in their nature, allying human rights concerns with documentation and challenges to the scientific evidence (Netherlands, England & Wales) there have been marked reductions in the numbers of successful prosecutions. There have also been useful efforts in producing guidelines for prosecutions and police behaviour, particularly in England & Wales, which have improved relationships between HIV organisations and the prosecutorial systems. There is an ongoing need to challenge ignorance and misinformation within judicial and policing systems about methods of transmission. There have been reports of HIV playing a part in assault cases about biting or spitting, where transmission has never occurred and media reports of cases continue to be hugely prejudicial and stigmatising towards people with HIV. So far, there is little evidence of an understanding of treatment and its role in reducing transmission within criminal justice systems across Europe.

NEXT STEPS

This data provides a warning about complacency on this issue and a good platform for ongoing advocacy efforts in responding to this situation - efforts which need to be further strengthened. There are a number of good examples of in-country advocacy, most notably from the Netherlands and from England & Wales, in increasing understanding and reducing inappropriate prosecutions and inaccurate use of scientific evidence.

Full results and comparison are available at www.gnpplus.net

European HIV activists are encouraged to feed back comments and further information on developments in their countries.