Health Education AIDS Liaison, Toronto


HIV and the Law
Know the law where you live or travel

WARNING: A very limited number of countries, including the United States, go so far as to bar HIV-positive people from entering their country, even for short periods of time.

GLAXO PLEADS FOR TIME IN AIDS DRUG LAW SUIT
Drug corporate GlaxoSmithKline has requested an extension of time until 31st July, 2001 to file their defence to a 1.4 million rand damages claim on behalf of the widow of the late James Hayman, a South African solicitor. The summons filed 4th June, 2001 by a legal team which includes barrister Anthony Brink, attributes Hayman's death to his treatment with Glaxo's AIDS drug AZT.

Mbeki named in AZT-related death suit
Sunday Independent (South Africa) July 1, 2001
President Thabo Mbeki has been drawn into a new HIV/Aids controversy involving his dissenting views on the disease. Mbeki has been cited in support of a R1 million damages claim a widow is bringing against Glaxo Wellcome SA, the South African subsidiary of GlaxoSmithKline, the British drugs giant.

HIV and Aids: The myth, the virus, and the burden of proof
By Kevin Hopkins and Kim Wyness
De Rebus - The South African Attorney's Journal
Until President Thabo Mbeki gave attention to reports that drug treatments were ineffective in forestalling the progress of HIV, we had never heard that there was any doubt that HIV causes Aids. Now, after various conferences and talk-shops, a legal question still resonates unresolved, and possibly waiting to erupt: 'Is it possible for one so burdened, to discharge the onus of proving that HIV does in fact cause Aids?'

America's Most Unwanted
POZ conducts the first-ever national survey of new HIV-transmission crimes
By Laura Whitehorn, POZ, August 2000
Sex and HIV. If you have the first without disclosing the second, you can be locked up in Alabama, Arkansas, California, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas and Washington. In some states, sex crimes -- even sex work -- can get ratcheted up to attempted murder if HIV is involved, as can spitting or biting. Disclosing your HIV status to a partner may exempt you from prosecution. But kissing and not telling can get you in trouble -- even if you do protect and don't infect.

House Bill No. 141 - HIV Notification in Virginia
This bill, if signed into law, would make it a crime for an HIV-positive person to engage in various sexual acts without notifying his or her partner prior to those acts that he or she is HIV-positive. But look how the proposed bill defines HIV!

The Twilight's Last Gleaming
By Celia Farber, Impression, December 14th 1998
In a decision that will affect millions, the CDC is forcing states to document everyone diagnosed with HIV, civil liberties be damned. As the AIDS hysteria scenario is getting played out to its logical conclusion, it's time to wonder: Where is the outrage?

On the Run
HIV-positive mothers resist pressure to put their children on drug
By Marnie Ko, The Report Newsmagazine, 11-08-1999  
The women have little in common, except that they are all mothers and are all HIV-positive. One is frantic; her children have already been seized by the state. The second is in hiding with her two infants, ready to flee at a moment's notice. The third mother is haunted by the heart-breaking decision to abort her baby. They are part of a growing Canadian trend: Women intimidated by doctors and public officials into taking anti-AIDS drugs during pregnancy, and into giving these drugs to their newborns, even though there is no law compelling anti-viral therapies, and strong reason to think they do more harm than good.

A Grievous Roar
By Celia Farber, Impression, February 8th 1999
An HIV-positive mother in Oregon almost loses custody of her baby because she resists giving him AZT and wishes to breast-feed him. Impression looks at the continuing attack on families in the name of HIV heroica.

A Mother's Love
By Celia Farber, Impression, September 21st 1998
After seeing her daughter Tia die horribly while on AZT, Valerie Emerson didn't want her four-year-old son Nikolas to suffer a similar fate. She was dragged into court because of her stance, and her legal victory comes as a watershed event in a climate of increasing medical fascism.

Government Coercion of HIV-positive Women
George Kent, University of Hawai'i, March 16, 1999
FORCED TREATMENT: In the United States, several state governments have acted to override parents' decisions, and insisted that the infants of HIV-positive mothers must be subjected to treatments with various forms of antiretroviral therapy, and some have refused to allow the newborn infants to be breastfed. Why? Are these sorts of action by government warranted?


Know the law where you live or travel

WARNING: A very limited number of countries, including the United States, go so far as to bar HIV-positive people from entering their country, even for short periods of time.

CANADA

Canadian HIV/AIDS Legal Network

Immigration and HIV/AIDS

Criminal Law and HIV / AIDS

UNITED STATES

State Criminal Statutes on HIV Transmission

State Statutes on Involuntary/Mandatory HIV Testing

Lambda Legal Defense
Contact them for a review the current laws in your state. E-mail: lambda@lambdalegal.org

INTERNATIONAL

HIV-Related Testing Requirements & Restrictions for Entry Into Foreign Countries
Lambda, updated June 1997


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