HIV/AIDS and legal responsibility
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Enact HIV-specific criminal law Apply existing criminal law offences (e.g. endangering public health, offence against the person, assault, etc.) to allow the prosecution for all forms of HIV transmission, including reckless and accidental.
Duty to disclose status Enable a duty by law for HIV positive people to disclose their status before engaging in risk-transmitting activities with other people, even if these activities are consensual.
Use the law, but don’t create HIV-specific legislation Apply existing criminal law and public health legislation where appropriate, but do not create HIV-specific legislation for deliberate, reckless or accidental transmission.
Prevention and counselling Use prevention and counselling rather than the law. This means access to: 1. HIV testing, accompanied by counselling 2. information about avoiding HIV transmission and 3. the economic, social and personal support necessary to avoid conduct that risks HIV transmission