Criminal law, public health, and governance of HIV exposure and transmission

摘要

This paper argues that the principal human rights and policy concerns that have been raised over criminalisation of HIV exposure or transmission since the early days of the epidemic cannot be neatly addressed within the traditional criminal law framework. Public health structures may be better placed, in terms of both their mandate and their structure, to incorporate lessons from the public health and human rights movement. This paper critically explores the potential of emerging models of structured coordination between public health and criminal law actors with a view to a more targeted, human-rights-sensitive application of criminal law to the sexual behaviours of people living with HIV. Finally, it assesses these emerging approaches from new governance and restorative justice perspectives.