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27 Apr 2023

EHLF Report: HIV Criminalisation in the EU

Today, we would like to share with you the report on HIV Criminalisation in the EUwhich is a result of the two-phase study AAE  conducted in the framework of the European HIV Legal Forum.
In the first phase in 2018-2019, the data was collected from 10 countries. In the second phase, 2022 the data from the initial 10 countries was updated and collected from 10 new ones. The report includes information on the impact of legislation introduced during the COVID-19 pandemic, as well as trends, developments, and expected changes regarding the criminalisation of HIV.

The report shows that in most of the countries covered by the report, there is still a substantial gap in the scientific knowledge and understanding of judges, prosecutors and the police. These gaps include lack of or outdated information regarding HIV transmission, prevention, and treatment options, as well as how scientific methods should be used, and their limitations when they are used to establish proof.

Priorities in relation to HIV criminalisation

Through feedback of the EHLF partners who informed the report on HIV Criminalisation and analysis of the main challenges the countries face, we have noted the following priorities in political and legal approaches to HIV criminalisation.

  • The importance of advocating for the decriminalisation of HIV and PLHIV;
  • Sensitising media professionals on accurate, judgement-free language when referring to PLHIV and reporting on HIV criminalisation cases;
  • Raising awareness among general public and the media on scientific knowledge and concepts such as U equals U;
  • Increase the knowledge of the police, lawyers, prosecutors, and judicial authorities on the current science related to HIV, such as U equals U, treatment as prevention (TasP), and others, and ensure that this knowledge is systematically integrated into practise.
  • Working to repeal criminalisation laws that fuel stigma and discrimination and undermine human rights of PLHIV and key populations.

Download the report

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