Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 64
Paragraph
Paragraph text
In jurisdictions where HIV transmissions have been prosecuted, of the very few cases that are prosecuted out of the many infections that occur each year, the majority have been noted to involve defendants in vulnerable social and economic positions. Although laws criminalizing HIV transmission and exposure were, on occasion, enacted to provide women with greater protection, applying these laws broadly has also resulted in women being disproportionately affected. For instance, a woman was prosecuted under section 79 of the Zimbabwe Criminal Law (Codification and Reform) Act 23 of 2004 for having unprotected sex while HIV-positive, despite HIV not even being transmitted to the "victim" in question.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
Governance & Rule of Law
Health
Person(s) affected
Women
Year
2010
Paragraph type
Other
Reference
SR Health, Report to the HRC (2010), A/HRC/14/20, para. 64.