HIV/AIDS Policy and Law Review 12(1) May 2007

HIV/AIDS Policy and Law Review 12(1) May 2007
FEATURES

CANADIAN DEVELOPMENTS

  • Subcommittee fails to recommend legal reforms needed to promote human rights of sex workers
  • Conservative government ends funding for research on Insite
  • Draft evaluation suggests pilot safer tattooing program had potential to reduce disease transmission
  • Public health agency says prison needle exchanges reduce risk, do not threaten safety or security
  • Ontario passes new mandatory blood testing law: a preliminary review
  • Bill eliminating conditional sentences amended to exclude drug offences
  • Vancouver: Mayor proposes new treatment plan for stimulant-drug users
  • Funding announcements from federal government, Gates Foundation

In brief

  • Progress report on national pharmaceuticals strategy released
  • Auditor-General critical of Health Canada regulatory performance
  • Ottawa police accused of undermining crack distribution program

INTERNATIONAL DEVELOPMENTS

  • Thailand: Government issues compulsory licences for HIV/AIDS drugs
  • U.S.: Proposed federal legislation to allow condom distribution and HIV testing in prison
  • Russian Federation: Governments threaten freedom of association and assembly for LGBT organizations
  • Russian Federation: Inhumane conditions in the drug treatment facilities lead to tragedy
  • U.K.: New publications on HIV transmission and exposure and the criminal justice system

In brief

  • India: Multi-national pharmaceutical company challenges patent law
  • U.S.: Proposed easing of restrictions for HIV-positive short-term entry visas
  • UNHCR: New strategy for provision of antiretroviral therapy to refugees
  • Indonesia: On the road to a harm reduction model?
  • Africa: New report on how HIV/AIDS programming is failing LGBT people
  • Cameroon: ILO conducts HIV training for labour courts in francophone Africa
  • U.S.: All states to move to names-based HIV reporting in 2007

HIV/AIDS IN THE COURTS – CANADA

  • Federal Court of Appeal examines for first time refugee protection on the basis of inadequate health care

Criminal law and HIV transmission or exposure: new cases and developments

  • Judge imposes two-year sentence; says treatment needs likely better met in federal prison
  • Fifty-six-month sentence for unprotected sex with two girlfriends
  • Ex-professional football player guilty of two counts of aggravated sexual assault
  • Court rejects appeal where man disclosed HIV status to police, claimed he didn’t know HIV endangered life

In brief

  • Human Rights Tribunal rejects application to dismiss discrimination complaint
  • Appeal Court finds assisted contraception regulations do not discriminate against lesbians and gay men
  • Federal Court rejects “irreparable harm” argument of HIV-positive failed refugee claimant seeking to stop deportation
  • $6 million settlement in medical negligence case

HIV/AIDS IN THE COURTS – INTERNATIONAL

  • Mexico: Supreme Court rules discharge of HIV-positive troops unconstitutional
  • Europe: Court finds lack of medical assistance in Russian detention facility to be in violation of human rights
  • Australia: Coroner recommends prisoners be given access to sterile syringes

Criminal law and HIV/AIDS: four new cases

  • Germany: Man sentenced to five and a half years for endangering and infecting several partners
  • U.K.: Bournemouth court imposes three-and-a-half year sentence for reckless HIV transmission
  • U.K.: Man sentenced to nine years for reckless transmission of HIV and HCV
  • Australia: HIV-positive man facing criminal charges fails attempt to have his identity suppressed

In brief

  • South Africa: Inmate who refuses ARVs will get hearing about whether he can die at home
  • China: Hospital to compensate 19 people infected with HIV through blood transfusions
  • India: Supreme Court suspends manufacture of ayurvedic medicine being sold as a “cure” for AIDS
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