Category Archives: Journal Articles

Criminalizing HIV transmission or exposure: the context of francophone West and Central Africa – HIV/AIDS Policy & Law Review 14(3)

Nations throughout the world are increasingly criminalizing HIV transmission or exposure. This trend, already very familiar to high-income countries such as Canada, the United States of America and some European nations, takes on a special meaning in Africa, where several national HIV/AIDS laws make HIV transmission or exposure a crime. Related Publications HIV/AIDS Policy & […]

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MSM law in francophone Africa and the fight against AIDS: the hypocrisy of certain countries – HIV/AIDS Policy & Law Review 14(3)

In addition to being the targets of frequent discrimination and violence, African men who have sex with men (MSM) are being hit hard by the HIV/AIDS epidemic. Although there is still insufficient research regarding the methods of HIV transmission in sub-Saharan Africa, several studies show that the prevalence of HIV infection among MSM is more […]

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Canadian Court of Appeal upholds supervised injection site’s right to operate – International Yearbook on Human Rights and Drug Policy, Vol. 1, 2010

Case Summary: PHS Community Services Society v. Canada (Attorney General), 2010 BCCA 15 (B.C. Court of Appeal) On 15 January 2010, the British Columbia Court of Appeal, the province’s highest appellate court, held that Insite, North America’s first supervised injection facilty, was a provincial undertaking that did not undermine the federal goals of protecting health […]

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Criminalization of HIV transmission: poor public health policy – HIV/AIDS Policy & Law Review 14(2)

In this article, which is based on a public lecture he gave at the 1st Annual Symposium on HIV, Law and Human Rights, held June 12 – 13, 2009 in Toronto, Canada, South African Constitutional Court Justice Edwin Cameron analyzes the surge in criminal prosecutions, discusses the role that stigma plays in these prosecutions and […]

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Clean switch: the case for prison needle and syringe programs – HIV/AIDS Policy & Law Review 14(2)

Harm reduction measures aimed at preventing HIV and hepatitis C virus (HCV) transmission in prisons are neither new nor groundbreaking in Canada. Prison systems have implemented, to varying degrees, forms of harm reduction such as condoms, bleach and methadone maintenance treatment. However, as of September 2008, no Canadian jurisdiction had established a prison-based needle and […]

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HIV, disability and discrimination: making the links in international and domestic human rights law

In this article, we first examine the links between HIV and disability. We then provide a brief overview of how international human rights law has treated both disability and HIV/AIDS. We note some of the different ways in which national anti-discrimination laws have reflected the links between HIV and disability, illustrated with representative examples from […]

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Criminalization confusion and concerns: the decade since the Cuerrier decision – HIV/AIDS Policy & Law Review 14(1)

In 1998, the Supreme Court of Canada ruled that a person living with HIV could be found guilty of aggravated assault if he or she did not disclose his or her HIV-positive status and exposed another person to a “significant risk” of HIV transmission. The notorious case — R. v. Cuerrier — involved an HIV-positive […]

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Effects of UN and Russian Influence on Drug Policy in Central Asia

Article in At What Cost?: HIV and Human Rights Consequences of the Global “War On Drugs” (Open Society Institute, March 2009) In this essay we analyze the role of the predominantly prohibitionist approach embodied in the UN drug control conventions and the 1998 Political Declaration in shaping Russian drug legislation and policy, and its influence […]

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Legislation contagion: building resistance – HIV/AIDS Policy & Law Review 13(2/3)

The HIV/AIDS Policy & Law Review recently carried a feature article recounting the spread of problematic new HIV laws in west and central Africa. It outlined less-than-model approaches in the AWARE-HIV/AIDS “model” law and described how its provisions had been replicated in many national HIV laws. At the time of writing that article, eight national […]

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Delivery past due: global precedent set under Canada’s Access to Medicines Regime – HIV/AIDS Policy & Law Review 13(1)

In this article, Richard Elliott provides an overview of recent developments under Canada’s Access to Medicines Regime (CAMR), and identifies key reforms needed to streamline the regime so that it can more easily be used to address public health problems in developing countries. Related Publications HIV/AIDS Policy & Law Review 13(1) July 2008

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