HIV/AIDS Policy & Law Review 13(1) July 2008

HIV/AIDS Policy & Law Review 13(1) July 2008
FEATURES

CANADIAN DEVELOPMENTS

  • Legislation imposing mandatory minimum sentences for drug offences passes second reading
  • Manitoba legislation would authorize testing for HIV without informed consent
  • Organ donation regulations limit donations from gay men
  • Complaint filed concerning judge’s conduct
  • Health Canada releases report on supervised injection facility

In brief

  • Changes to the Immigration and Refugee Protection Act proposed in 2008 Budget
  • Independent review of prisons released
  • Provincial funding announced for Ottawa harm reduction program
  • Federal government diverts funding from community-based organizations to vaccine initiative

INTERNATIONAL DEVELOPMENTS

  • Thailand: government re-launches war on drugs and people who use drugs
  • Switzerland: Statement on sexual transmission of HIV by people on ART
  • U.S.: PEPFAR reauthorization bills pass House, Senate committee
  • HIV and human rights in U.N. drug control policy: making inroads, barely

In brief

  • Russia denies HIV treatment to prisoner
  • California: Governor vetoes another prison condom bill, but leaves door ajar
  • Australia to legislate to remove same-sex discrimination
  • ILO publishes digest of good legislative practices in Africa
  • U.N. Secretary-General calls for an end to criminal law approaches to vulnerable populations

HIV/AIDS IN THE COURTS – CANADA

  • Court strikes down restriction in Ottawa’s medical marijuana program
  • Refugee claimant’s identity as cross-dresser must be considered in assessing adequacy of state protection
  • Case of disclosure of HIV status helps to clarify privacy law in Ontario
  • HIV-positive woman’s appeal for absolute discharge dismissed on grounds of public safety
  • Criminal law and HIV transmission or exposure: seven new cases

In brief

  • Case of HIV-positive gay transvestite referred to new refugee panel for re-determination
  • Application for judicial review denied for HIV-positive refugee applicant from Mexico
  • Court rules that defamation not proved because reputation not “materially affected”
  • Final charges against former director of Canadian Red Cross withdrawn

HIV/AIDS IN THE COURTS – INTERNATIONAL

  • European Court of Human Rights rejects prisoner’s plea for prison needle exchange
  • South African High Court defends the right to water
  • Court says French government’s refusal to authorize adoption violates woman’s human rights

In brief

  • ECHR: Ukraine held responsible for inhuman and degrading treatment of HIV-positive prisoner
  • Sweden: Man found guilty of infecting two women with HIV
  • Nepal: Supreme Court makes landmark decisions on LGBTI rights and the right to confidentiality
  • U.S.: Texan man acquitted in medical marijuana case
  • Egypt: Court convicts men for “debauchery”
  • Indian court rules HIV is a ground for divorce
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