AIDS 2012, Washington DC Successful responses to HIV criminalisation in Europe: community involvement, empowerment, collaboration and impact. Edwin J Bernard Angelina Namiba HIV Justice Network, UK/Germany HIV i-base, UK

AIDS 2012, Washington DC Overview of Western European laws & prosecutions Impact on: –PLHIV –Affected communities –HIV-related stigma Moving from fear to empowerment –England & Wales prosecutorial and police guidance Community advocacy creating positive change in: –Denmark, Netherlands, Norway, Sweden & Switzerland Oslo Declaration on HIV Criminalisation Successful responses to HIV criminalisation in Europe

AIDS 2012, Washington DC Overview of laws and prosecutions in Western Europe Prosecutions under general laws HIV-specific laws, prosecutions HIV-specific laws, no prosecutions No reported laws or prosecutions

AIDS 2012, Washington DC European per capita convictions Weait M. Punitive Economies: The Criminalization of HIV Transmission and Exposure in Europe, FEMP 2011.

AIDS 2012, Washington DC People aware they are living with HIV –Feeling like potential criminals increases stigma –Disincentive to disclose to sexual partners and/or health care workers due to fear of prosecution/blackmail People unaware they are living with HIV –Take the test but risk arrest! People at risk of acquiring HIV –False sense of security Heath care workers/researchers –Concerns over providing legal advice/duty to disclose risky behaviour Unintended negative impacts of HIV criminalisation

AIDS 2012, Washington DC Inaccurate and stigmatising media reporting

AIDS 2012, Washington DC Moving from fear to empowerment England and Wales: Civil society and prosecutorial authorities worked together to develop policy and guidance Result: Greater understanding of HIV by the criminal justice system: THT report, Policing Transmission NAT worked with Association of Chief Police Officers to create police guidance Positively UK – Support, information, resources for PLWHIV However: Concern remains amongst most marginalised communities.

AIDS 2012, Washington DC Denmark HIV-specific law suspended February 2011 Campaign focused on recent data on life-expectancy and transmission risk due to ART Committee now considering new law or no law Laursen H. Advocacy campaign to decriminalise HIV exposure and transmission in Denmark: lessons learned (WEPE542 ) Netherlands Supreme Court rulings (2003-5) led to very limited role of criminal law – left to Parliament to decide Civil society, legal and community experts recommended no new law in ‘Detention or Prevention’ (2004) No new law, only transmission with intent now prosecutable. Community advocacy creating positive change in:

AIDS 2012, Washington DC Norway § 155 (‘HIV paragraph’) does not allow consent to risk essentially criminalising PLHIV who have unprotected sex regardless of disclosure Community advocacy led to questions in Parliament and creation of Independent Committee on reforming law Committee will present findings in September 2012 Sweden Criminal and public health law used together for most draconian approach to PLHIV in Europe HIV Sweden, RSFL and RSFU, supported by IPPF, in major campaign to achieve Government review Switzerland Second only to Sweden in terms of using criminal and public health law for draconian approach to PLHIV EKAF’s ‘Swiss Statement’ advocated for and by community led to legal landmark in Geneva Court 2012 Law on Epidemics revision now removes draconian public health approach. Community advocacy creating positive change in:

AIDS 2012, Washington DC Oslo Declaration on HIV Criminalisation Support the Oslo Declaration: hivjustice.net/oslo