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“The only thing necessary for these diseases to the triumph is for good people and governments to do nothing.”

International Reports

We offer a monthly newsletter dealing with the various issues surrounding infectious diseases.  To find out more click HERE.

 

Main topics can be found within the left column; sub-topics and/or research reports can be found near the bottom of this page.  Thank you

 

 

 

"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

Document Name & Link to Document

Description

File Size /Type

10 REASONS TO OPPOSE THE CRIMINALIZATION OF HIV EXPOSURE OR TRANSMISSION

 

The push to apply criminal law to HIV exposure and transmission is often driven by the wish to respond to serious concerns about the ongoing rapid spread of HIV in many countries, coupled by what is perceived to be a failure of existing HIV prevention efforts. These concerns are legitimate. Recently, particularly in Africa, some groups have begun to advocate for criminalization in response to the serious phenomenon of women being infected with HIV through sexual violence or by partners who do not reveal their HIV diagnoses to them. Pdf 320 kb
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.  
Criminal Charges Against Pfizer for Illegal Human Experimentation in Africa THE Federal Government yesterday filed fresh charges against Pfizer International Incorporated (PII), accusing seven of the company’s top officials of fraud and criminal breach of trust of its controversial drug test, popularly known as Trovan Clinical Trials, it carried out on Nigerian citizens in Kano in 1996, which had fatal results.  
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
Globalization, International Law, and Emerging Infectious Diseases The global nature of the threat posed by new and reemerging infectious diseases will require international cooperation in identifying, controlling, and preventing these diseases. Because of this need for international cooperation, international law will certainly play a role in the global strategy for the control of emerging diseases. Recognizing this fact, the World Health Organization has already proposed revising the International Health Regulations. This article examines some basic problems that the global campaign against emerging infectious diseases might face in applying international law to facilitate international cooperation. The international legal component of the global control strategy for these diseases needs careful attention because of problems inherent in international law, especially as it applies to emerging infections issues.  
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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