HIV/AIDS Policy & Law Review 13(1) July 2008

FEATURES

• Delivery past due: global precedent set under Canada’s Access to Medicines Regime
  Developing guidance for HIV prosecutions: an example of harm reduction?
  Access to condoms in U.S. prisons

CANADIAN DEVELOPMENTS

• Legislation imposing mandatory minimum sentences for drug offences passes second reading
• Manitoba legislation would authorize testing for HIV without informed consent
• Organ donation regulations limit donations from gay men
• Complaint filed concerning judge’s conduct
• Health Canada releases report on supervised injection facility

In brief

• Changes to the Immigration and Refugee Protection Act proposed in 2008 Budget
• Independent review of prisons released
• Provincial funding announced for Ottawa harm reduction program
• Federal government diverts funding from community-based organizations to vaccine initiative

INTERNATIONAL DEVELOPMENTS

• Thailand: government re-launches war on drugs and people who use drugs
• Switzerland: Statement on sexual transmission of HIV by people on ART
• U.S.: PEPFAR reauthorization bills pass House, Senate committee
• HIV and human rights in U.N. drug control policy: making inroads, barely

In brief

• Russia denies HIV treatment to prisoner
• California: Governor vetoes another prison condom bill, but leaves door ajar
• Australia to legislate to remove same-sex discrimination
• ILO publishes digest of good legislative practices in Africa
• U.N. Secretary-General calls for an end to criminal law approaches to vulnerable populations

HIV/AIDS IN THE COURTS – CANADA

• Court strikes down restriction in Ottawa’s medical marijuana program
• Refugee claimant’s identity as cross-dresser must be considered in assessing adequacy of state protection
• Case of disclosure of HIV status helps to clarify privacy law in Ontario
• HIV-positive woman’s appeal for absolute discharge dismissed on grounds of public safety
• Criminal law and HIV transmission or exposure: seven new cases

In brief

• Case of HIV-positive gay transvestite referred to new refugee panel for re-determination
• Application for judicial review denied for HIV-positive refugee applicant from Mexico
• Court rules that defamation not proved because reputation not “materially affected”
• Final charges against former director of Canadian Red Cross withdrawn

HIV/AIDS IN THE COURTS – INTERNATIONAL

• European Court of Human Rights rejects prisoner’s plea for prison needle exchange
• South African High Court defends the right to water
• Court says French government’s refusal to authorize adoption violates woman’s human rights

In brief

• ECHR: Ukraine held responsible for inhuman and degrading treatment of HIV-positive prisoner
• Sweden: Man found guilty of infecting two women with HIV
• Nepal: Supreme Court makes landmark decisions on LGBTI rights and the right to confidentiality
• U.S.: Texan man acquitted in medical marijuana case
• Egypt: Court convicts men for “debauchery”
• Indian court rules HIV is a ground for divorce