Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 75
Paragraph
Paragraph text
Finally, domestic laws prohibiting the deliberate spread of any disease or assault, or laws concerning the age of consent, adequately cover intentional transmission of HIV should the need arise to prosecute cases where this has occurred. The use of these pre-existing laws provides a legal safeguard to potential victims, without unnecessarily stigmatizing and further marginalizing those affected by HIV within the jurisdiction. States should, in addition to using pre-existing laws, issue guidelines to ensure that these laws are only utilized in cases of intentional transmission and that the relevant mens rea is to be established beyond a reasonable doubt.
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)
Equality & Inclusion
Governance & Rule of Law
Health
Person(s) affected
All
Year
2010
Paragraph type
Other
Reference
SR Health, Report to the HRC (2010), A/HRC/14/20, para. 75.