HIV/AIDS Policy and Law Review 12(2/3) December 2007

HIV/AIDS Policy and Law Review 12(2/3) December 2007
FEATURES

CANADIAN DEVELOPMENTS

  • Supervised injection facility granted another temporary extension; legal action launched
  • First test of WTO mechanism for procuring generic medicines under compulsory licence, via Canada’s Access to Medicines Regime
  • Two Charter challenges launched against Canada’s sex work laws
  • Conservative government announces new anti-drug strategy
  • Ottawa: Crack pipe program cancelled by city council

In brief

  • Alberta proclaims law authorizing forced HIV testing
  • Anonymous HIV tests made available in Manitoba
  • New 60-second HIV test available in Ontario
  • Safer needles mandated for Ontario healthcare facilities
  • Two new studies confirm higher hepatitis C and HIV infection among inmate populations

INTERNATIONAL DEVELOPMENTS

  • South Africa: Firing of Deputy Health Minister Madlala-Routledge
  • China: Two steps forward, one step back for new AIDS rights organization
  • Thailand: Report analyses barriers to ART for people who inject drugs
  • Botswana and Swaziland: Report links violations of women’s rights to HIV
  • UN agencies issue new guidelines for HIV testing

In brief

  • Singapore retains Penal Code provision criminalizing sex between men
  • APEC: Members adopt broad HIV workplace guidelines

HIV/AIDS IN THE COURTS – CANADA

  • Senior administrators of blood system acquitted of criminal charges in tainted blood tragedy
  • Federal Court says Crown not liable for HIV-positive inmate’s illness
  • Criminal law and HIV transmission or exposure: four new cases

In brief

  • Application for judicial review allowed in case of HIV-positive refugee claimant
  • HIV/AIDS educator’s application to stop deportation rejected
  • Federal Court rejects motion to stop deportation of HIV-positive woman to Zambia
  • Court of Appeal rules that HIV status is not a reason for denying contact between child and parent
  • Settlement approved in case of improperly sterilized medical equipment
  • Claimants must establish entitlement to have damages assessed by HIV fund’s referee

HIV/AIDS IN THE COURTS – INTERNATIONAL

  • India: Court upholds patent law denying patents for slightly modified versions of existing drugs
  • Pardon granted to health care workers sentenced to death by Libyan court
  • U.N. Committee holds that Columbia failed to protect right to benefits for same sex couple
  • South Africa: Constitutional Court protects privacy rights of people living with HIV
  • Criminal law and HIV/AIDS: two new cases

In brief

  • Central Asia: Several HIV outbreaks linked to transfusions of tainted blood and poor sanitary conditions in hospitals
  • Russia: Courts find authorities responsible in two cases of HIV transmission in hospitals

SPECIAL SECTION – THE LAW AND HEALTH INITIATIVE: LINKING HIV/AIDS AND HUMAN RIGHTS

  • Putting law and human rights on the agenda: an introduction to the articles in this special section
  • Integrating health, psychosocial and legal support for pregnant women in South Africa
  • Increasing access to HIV testing and counselling while respecting human rights
  • Comprehensive care: palliative care and legal services in South Africa
  • Legal aid works! Harm reduction and legal services in Poltava, Ukraine
  • Georgia: Anti-drug law violates human rights
  • First HIV legal precedent in Kyrgyzstan: breach of medical privacy
  • Swaziland: Widows fighting for their rights
  • Responding to the rising tide of calls for the criminalization of HIV transmission in southern Africa
  • Home-based care: who is responsible?
  • Documenting human rights violations against sex workers in Kenya
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