A/HRC/14/20
In section IV the Special Rapporteur examines the impact of the criminalization of
HIV transmission with respect to the right to health. The far-reaching impact of criminal
laws on the enjoyment of the right to health is considered, along with the failure of such
laws to achieve legitimate public health aims or the objectives of the criminal law. The
Special Rapporteur concludes that only intentional, malicious HIV transmission can be
legitimately criminalized; however, specific criminal laws concerning HIV transmission are
generally unnecessary.
Finally, the Special Rapporteur suggests that decriminalization is necessary in
response to each of the aforementioned issues, alongside other measures necessary as part
of a comprehensive right-to-health approach. Such measures include human rights
education, the participation and inclusion of vulnerable groups, and efforts to reduce stigma
and discrimination in respect of these groups.
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