"From another angle, criminal law is a tool through
which marginalisation is actually brought about. Considering that
the natural corollary of criminal law is the restriction of rights,
the reasons for which behavior is chosen as unacceptable reflects
the interests being protected. The law dealing with theft, for example,
is clearly a way of ensuring that people who "own" resources
are not deprived of them by others who do not own such resources.
Similarly, where the law declares that heterosexual sex is the only
form of sex acceptable, the obvious attempt is to punish alternative
sexuality, which is not an 'option.'
Beyond the issue of whose interest is served by a given law is
the question of whose perspective the law arises from. This has
implications on the manner in which the law attempts to deal with
a situation. The Juvenile Justice Act (which is not a strictly 'criminal'
law) focuses on taking a neglected child away from her/his environment,
rather than attempting to empower the child within that environment.
The choice made by the legislature reflects the perspective of an
outsider who does not consider it a possibility that there may be
empowerment in this environment at all. This class bias, in turn,
makes the law ineffective, as it is unsuited to the actual and felt
needs of the child.
In any event, criminal law has a particular impact on the lives
of people, especially marginalized populations. The fact that it
is the marginalized populations who are worst affected by the HIV/AIDS
epidemic makes the scrutiny of criminal laws important from a rights
perspective. The following three contexts attempt to illustrate
these points." THE CRIMINALISATION OF LIVES
|
Advocacy System & Collaboration
with Legal
|
The protection and advocacy
(P&A) system – the nationwide network of
federally-mandated disability rights agencies – and legal
services programs (including federally and IOLTA-funded
programs as well as other public interest law offices) have a
shared mission of providing high quality legal services to
persons who may be disenfranchised |
|
|
"AIDS
laws must not be based upon ignorance, fear and political
expediency and pandering to the demand of the citizenry for
'tough' measures…. Good laws, like good ethics, will be
founded in good data..."
|
THE
CRIMINALISATION OF LIVES
|
|
|
AIDS
trends-death certificate Data
|
Report/presentation
from HCHS
|
375 kb pdf
|
|
Australia
Infectious Disease Action Plan, Part 1
|
Report
on what Australia is doing about infectious diseases
|
465 kb pdf
|
|
Australia
Infectious Disease Action Plan, Part 2
|
Report
on what Australia is doing about infectious diseases
|
442 kb pdf
|
|
Australia
Infectious Disease Action Plan, Part 3
|
Report
on what Australia is doing about infectious diseases
|
705 kb pdf
|
|
Australia
Infectious Disease Action Plan, Part 4
|
Report
on what Australia is doing about infectious diseases
|
443 kb pdf
|
|
Australia-Blood
Borne Viruses-Dental Services Project
|
Report
on dentistry
|
380 kb pdf
|
|
Canadian tainted blood compensation
|
The
Catholic Health Association of Canada (CHAC) has written to
the Prime Minister expressing strong disagreement about thee
manner in which the federal government is neglecting the needs
of all those who have been afflicted by hepatitis C due to
failures in the blood safety regulatory systems. |
|
|
Charter for Social Justice |
International
human rights law protects all persons equally, without
distinction or discrimination. The broad range of human
rights- civil, political, economic, social and cultural-
should be equally enjoyed by all groups of individuals. The
protection of the basic human rights of men who have sex with
men is therefore grounded in a human rights framework that all
people are worthy of equal respect and dignity whatever their
situation. |
|
|
|
CODE OF GOOD PRACTICE
ON ASPECTS OF HIV/AIDS
EMPLOYMENT
|
South African Practice- The Human Immunodeficiency Virus
(HIV) and the Acquired Immune Deficiency Syndrome (AIDS) are
serious public health problems which, have socio economic,
employment and human rights implications. It is
recognised that the HIV/AIDS epidemic will affect every
workplace, with prolonged staff illness, absenteeism, and
death impacting on productivity, employee benefits,
occupational health and safety, production costs and workplace
morale. |
|
|
Ensuring Justice for Vulnerable Communities in Kenya |
Kenya has
ratified major international treaties that guarantee the
rights of people living with HIV and AIDS to
nondiscrimination, to protection from violence, and to
access to voluntary, affordable, and quality medical
treatment. Kenya has also undertaken to protect the rights
of those at high risk of HIV infection, such as women, whose
vulnerability to HIV is fueled by violence, discrimination,
and harmful customary practices. The rights of those
affected by the epidemic, including orphans and vulnerable
children, are also guaranteed by human rights treaties
ratified by Kenya. In practice, however, these rights mean
little without access to timely and affordable legal
services on the part of Kenya’s most vulnerable citizens. |
Pdf 1474
kb |
|
Handbook for Legislators on HIV/AIDS, Law and Human Rights:
Action to Combat HIV/AIDS in View of its Devastating Human,
Economic and Social Impact |
The
Introduction to this report sets out the shocking statistics
of the epidemic-33.4 million people are currently living with
HIV/AIDS. An effective response is required to avert the
devastation wreaked on communities around, the world by the
epidemic. This impact is disproportionately felt in
developing countries and vulnerable population (those whose
human rights are already not fully respected). |
775 kb pdf |
|
Hepatitis
spread in Romania due to nurses' practices
|
Romanian
nurses' failure to use proper injection and infection-control
techniques could explain many cases of hepatitis B virus (HBV)
infection among young children in that country, according to
the Centers for Disease Control and Prevention in Atlanta,
Georgia.
|
|
|
HIV/AIDS Blood Donors May Be Jailed |
The
government proposes to impose mandatory jail sentence
besides a fine on HIV/AIDS sufferers who falsify information
on their condition to donate blood. Deputy Prime Minister
Datuk Seri Najib Tun Razak said the Prevention and Control
of Infectious Diseases Act 1988 would be amended to provide
for this. "There have been several cases of HIV and AIDS
sufferers who donated blood. We want to make it a crime," |
|
|
HIV/AIDS EMPLOYMENT POLICY AND PROCEDURE |
The NHS in
Wales recognises that as an employer and a public health
body it has a duty to counter discrimination and stigma
against people who are or may become HIV positive or who
have AIDS. This duty includes employees of Local Health
Boards. It recognises the need to protect patients, to
retain public confidence, and to provide safeguards for the
confidentiality and employment rights of HIV infected health
care workers. |
Pdf 23 kb |
|
HIV/AIDS LAWS OF THE WORLD |
This page
provides links to HIV/AIDS Laws of the following countries |
|
|
HIV Bills,
Maharashtra and Karnataka
|
The apparent objective of the Bill is to
promote the overall security of society through the prevention
and control of the spread of HIV infection whilst providing
optimal medical care for people living with HIV/ AIDS. However,
the provisions of the Bill, if implemented, would result in
breach of HIV- positive people’s rights to consent before
testing, right to confidentiality of sero- status and right to
non- discrimination. In effect, the Bill would serve to drive
the epidemic underground and thus exacerbate the further spread
of HIV. |
|
|
International
Research Ethics
|
The protection of human right is essential to safeguard
human dignity in the context of HIV/AIDS and to ensure an
effective, rights-based response to HIV/AIDS
|
Pdf 401 kb
|
|
International
Research Ethics-Change in Perceptions Associated with More Effective Therapies
|
Power Point Presentation—Issues in Prevention Trials
|
2,177 kb
|
|
Lawsuit
Alleges Companies Sold Contaminated Blood Overseas
|
Several
hemophiliacs have sued health care giant Bayer Corp.and other companies, claiming they knowingly sold HIV- andhepatitis C-contaminated blood products. The suit, filed in a
SanFrancisco federal court, seeks class action status on behalf
of
thousands of foreign hemophiliacs.
|
|
|
Lawsuits its generated, has already instilled physical and
psychological fear of blood transfusions among the Chinese
people |
Without a
doubt, getting AIDS was an enormous blow for Sun Aihong but
what has been even more unbearable is the attitude of her
friends and family. In the eyes of the local people, AIDS is
not just an incurable infectious disease, but also a kind of
“promiscuous” disease. Sun Aihong was forced to move to her
parent’s home after she could no longer live with her in-laws.
People who knew her well would avoid her. Her grandmother
would even spit on the floor violently in front of her |
|
|
Legal and Ethical Sub-Committee in Jamaica
|
Although
this Sub-committee does not meet on a regular basis the work
has continued and a document on the Legal, Ethical and Human
Rights Issues of HIV / AIDS in Jamaica was presented to the
National AIDS Committee in December 2001. This was the result
of a review done by consultants McNeil and MacFarlene on the
gaps in legislation / policies in Jamaica as it relates to HIV
/ AIDS and related issues. |
|
|
Legal Issues in HIV Prevention Among Sex Workers in the
Russian Federation |
There is
no general law that prohibits a woman or man from selling
sex (using his or her own body) to another person. The
law’s emphasis is on protecting women and children from
being forced into prostitution involuntarily. |
Pdf 50 kb |
|
|
|
Attorney Group
#1
|
From
Attorney group in India
|
83 kb pdf
|
|
Attorney Group
#12
|
From
Attorney group in India
|
117 kb pdf
|
|
Attorney Group
#13
|
From
Attorney group in India
|
117 kb pdf
|
|
Attorney Group
#14
|
From
Attorney group in India
|
97 kb pdf
|
|
Our Sponsors
#15
|
From
Attorney group in India
|
102 kb pdf
|
|
Attorney Group
#16
|
From
Attorney group in India
|
106 kb pdf
|
|
Attorney Group
#16
|
From
Attorney group in India
|
95 kb pdf
|
|
Attorney Group
#6
|
From
Attorney group in India
|
80 kb pdf
|
|
Newsletters
#10 |
From
Attorney group in India
|
105 kb pdf |
|
Attorney Group _#11
|
From
Attorney group in India
|
84 kb pdf
|
|
Newsletters
#4
|
From
Attorney group in India
|
80 kb pdf
|
|
Newsletters
#7
|
From
Attorney group in India
|
89 kb pdf
|
|
Newsletters
#3
|
From
Attorney group in India
|
119 kb pdf
|
|
Report and Recommendations in respect of Legislation, Policy
and Practices Concerning Prostitutions-Related Activities
|
In
recent years, prostitution-related activities have
become an increasingly serious concern for many
communities across Canada. Two issues in particular have
gained a high public profile: youth involved in
prostitution and the harm associated with street
prostitution. The problem of violence against
prostitutes is also raised frequently as it is related
to both of these issues. |
|
|
Sexual Harassment and Rape Laws in India |
Sexual
harassment and rape are two sides of the same coin. Both
showcase the power of man to dominate that of women.
Both have one victim- ‘women’. Both are barbaric in
nature; but many people extenuate sexual harassment to
rape, just because the victims are not physically
harmed. Whereas in rape- the victim is ravished like an
animal for the fulfillment of desire and lust of another
man. Both have the same object- to undermine the
integrity of the victim, physically as well as mentally. |
|
|
Supreme Court Rules-Canada |
Trial
and appellate courts in Canada and other countries have
previously decided cases where HIV-positive persons have been
charged under criminal or public health laws for conduct that
transmits or risks transmitting HIV. |
646 kb pdf |
|
The
Global HIV/AIDS Pandemic, Structural Inequalities, and the
Politics of International Health
|
In
spite of recent advances in treatment and care available in
most developed countries, the HIV/AIDS pandemic continues to
spread throughout the developing world
|
81 kb pdf
|
|
The
Juvenile Justice (Care and Protection of Children) Act, 2001 -
Impact in the context of the HIV/AIDS Epidemic
|
"The Indian Jurisprudence of Juvenile Justice is the wayward
victim of legislative chaos and statutory slumber. And even
when a fine piece has been put on the statute book, meaningful
execution is distances away."
|
|
|
TRAVEL and VACATIONS WITH A MAJOR ILLNESS OR DISABILITY: ARE
YOU COVERED? |
Neither
Medicare nor Medicaid ever pays for care outside the United
States. State Medicaid programs generally refuse to pay for
anything other than life-or-death emergency room and
emergency hospitalizations in other states in the
Union. And then, since Medicaid is a welfare program,
eligibility workers may well demand to know how and why a
supposedly poor person on Medicaid can afford the “luxury”
of travel. |
|
|
Trends
in the HIV/AIDS Epidemic
|
Report from CDC-1998
|
327 kb pdf
|
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