There are serious concerns about the impact of investigations and prosecutions for HIV transmission in Scotland. The use of the law to criminalise potential or actual HIV exposure or transmission raises human rights concerns and so we must ensure that protecting and promoting human rights is central in our response to HIV. United Nations treaty bodies have clearly indicated that the right to non-discrimination on various grounds includes the right to non-discrimination on the basis of HIV status. People living with HIV have the right to exercise the same human rights protections as everyone else including the rights to privacy and non-interference from the state, not be subject to discriminatory or arbitrary use of the criminal law, and to a fair trial. The criminalisation of HIV transmission has relevance to all these areas, and infringements of these rights can in turn impact upon the realisation of the right to health.

This poster was presented at the AIDS 2016 Conference in Durban, South Africa.

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