A/79/177
like methadone, which are shown to be effective as a harm reduction measure 60 and
for opioid dependence treatment. 61
31. Punitive drug laws and policies have had a profoundly negative impact on
minorities, women and girls, LGBTIQA+ persons, sex workers, migrants and people
living with HIV/AIDS, among other population groups. 62
2.
HIV exposure, transmission and non-disclosure
32. Over 130 countries criminalize HIV to some degree. 63 Criminal laws in that
regard include laws specifically proscribing HIV transmission (whereby HIV status
is the only factor that transforms a legal act – consensual sex – into an illegal one),
and the application of existing criminal law to cases involving HIV transmission
(where HIV transmission is an aggravating factor for an existing crime such as sexual
assault). 64
33. Extensive evidence indicates that HIV-specific criminalization acts as a barrier
to HIV prevention, diagnosis and treatment. 65
34. Where countries have criminalized mother-to-child transmission of HIV, women
are at heightened risk of prosecution. 66 Migrants and asylum-seekers have been
disproportionately prosecuted for HIV transmission. 67 HIV-specific criminalization
further stigmatizes people who are living with HIV by creating a presumption of
criminality that is solely connected to their health status and signalling that they are
a perpetual threat to their communities and partners. 68 Individuals convicted under
these laws are sometimes added to sex offender registries, which subjects them to
further stigmatization that exceeds the duration of their incarceration. 69
3.
Abortion
35. Abortion care is safe, effective and not inherently harmful. 70 However, as of
2023, 134 countries penalized those who seek an abortion, 181 penalized abortion
providers, and 159 penalized people who assist with abortions. 71 Criminalization in
the context of abortion involves the application of criminal law to any persons who
seek, access, provide, aid, assist with, provide evidence -based information on, or are
aware of someone having accessed abortion. 72 The threat of being prosecuted or
imprisoned can have a “chilling effect” in the provision of health care, including post abortion care. 73 The criminalization of abortion is associated with a lack of approved
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60
61
62
63
64
65
66
67
68
69
70
71
72
73
24-13226
WHO, Consolidated Guidelines on HIV, Viral Hepatitis and STI Prevention, Diagnosis,
Treatment and Care for Key Populations (Geneva, 2022); and submission from Global
Commission on Drug Policy.
WHO, Guidelines for the Psychosocially Assisted Pharmacological Treatment of Opioid
Dependence (Geneva, 2009); and submission from Global Commission on Drug Policy.
A/HRC/56/52, para. 37.
Edwin J. Bernard, Alison Symington and Sylvie Beaumont, “Punishing vulnerability through
HIV criminalization”, American Journal of Public Health, vol. 112, No. S4 (June 2022).
A/HRC/14/20, para. 52.
Zita Lazzarini and others, “Criminalization of HIV transmission and exposure: research and
policy agenda”, American Journal of Public Health, vol. 103, No. 8 (August 2013).
A/HRC/14/20, para. 66.
Amnesty International, Body Politics: A Primer on Criminalization of Sexuality and
Reproduction (London, 2018), p. 48.
Ibid.
Ibid., p. 136.
WHO, Abortion Care Guideline (Geneva, 2022).
Sanhita Ambast, Hazal Atay and Antonella Lavelanet, “A global review of penalties for abortion related offences in 182 countries”, BMJ Global Health, vol. 8, No. 3 (2023).
A/66/254, paras. 21–36.
See CCPR/C/11/D/2425/2014.
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