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The Center for HIV Law and Policy (CHLP) is a national legal and policy resource and strategy center in the United States working to reduce the impact of HIV on vulnerable and marginalized communities and to secure the human rights of people affected by HIV. [1] CHLP's founder and executive director is Catherine Hanssens. [2]
CHLP is the organizational home of the Positive Justice Project (PJP), a national coalition of organizations and individuals in the United States working to end HIV criminalization. [3] [4] [5] [6] PJP released the first national statement against HIV criminalization, [7] and this statement has been endorsed by organizations and individuals across the country. Over the last few years, there has been a growing movement to end the use of criminal laws that target persons with HIV, [8] and even the United States federal government is taking a closer look at this issue. [9] [10] [11]
Another CHLP initiative, Teen SENSE, works to secure the right of youth in state custody to comprehensive, LGBTQ-inclusive sexual health care and sexual health literacy programs. [12]
CHLP is known for its HIV Policy Resource Bank, [13] a free, public, online collection of research, reports and other HIV-related materials. The HIV Policy Resource Bank also includes publications from the Center for HIV Law and Policy, such as "When Sex is a Crime and Spit is a Dangerous Weapon", mapping HIV criminalization in the United States. [14]
In May 2014, the Center for Gender and Sexuality Law at Columbia Law School published a report co-authored by the Center for HIV Law and Policy, the Center for American Progress and Streetwise & Safe called "Roadmap for Change: Federal Policy Recommendations for Addressing the Criminalization of LGBT People and People Living with HIV." [15] [16]
The REPEAL HIV Discrimination Act was the abbreviated name of the 'Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act' (H.R. 3053), also called the REPEAL Act, proposed legislation that was introduced in the U.S. Congress on September 23, 2011, by Rep. Barbara Lee (D-CA). [17] It called for review of all federal and state laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-related offenses. It was the first piece of federal legislation to address HIV criminalization and provided incentives for states to reconsider laws and practices that target people with HIV for consensual sexual activity and conduct that poses no risk of HIV transmission. [18] The bill had 41 cosponsors and was referred in September/October 2011 to three subcommittees, where it died. [17]
Barbara Lee re-introduced the REPEAL HIV Discrimination Act 2013 as H.R. 1843 in May 2013 with 42 cosponsors, and it again died in three subcommittees. [19] Senator Chris Coons introduced the legislation as S.1790 on December 10, 2013, and it did not make it out of the Judiciary Committee. [20]
The Employment Non-Discrimination Act (ENDA) is legislation proposed in the United States Congress that would prohibit discrimination in hiring and employment on the basis of sexual orientation or, depending on the version of the bill, gender identity, by employers with at least 15 employees.
Criminal transmission of HIV is the intentional or reckless infection of a person with the human immunodeficiency virus (HIV). This is often conflated, in laws and in discussion, with criminal exposure to HIV, which does not require the transmission of the virus and often, as in the cases of spitting and biting, does not include a realistic means of transmission. Some countries or jurisdictions, including some areas of the U.S., have enacted laws expressly to criminalize HIV transmission or exposure, charging those accused with criminal transmission of HIV. Other countries charge the accused under existing laws with such crimes as murder, manslaughter, attempted murder, assault or fraud.
The United States President's Emergency Plan For AIDS Relief (PEPFAR) is a United States governmental initiative to address the global HIV/AIDS epidemic and help save the lives of those suffering from the disease. Launched by U.S. President George W. Bush in 2003, as of May 2020, PEPFAR has provided about $90 billion in cumulative funding for HIV/AIDS treatment, prevention, and research since its inception, making it the largest global health program focused on a single disease in history until the COVID-19 pandemic. PEPFAR is implemented by a combination of U.S. government agencies in over 50 countries and overseen by the Global AIDS Coordinator at the U.S. Department of State. As of 2021, PEPFAR has saved over 20 million lives, primarily in Sub-Saharan Africa.
Lesbian, gay, bisexual and transgender (LGBT) rights in the United States have increased significantly over time, and are socially liberal relative to most other nations. However, LGBT people in the U.S. may face some legal challenges not experienced by non-LGBT residents. Until 1962, all 50 states criminalized same-sex sexual activity, but by 2003 all remaining laws against same-sex sexual activity had been invalidated. Beginning with Massachusetts in 2004, LGBT Americans had won the right to marry in all 50 states by 2015. Additionally, in many states and municipalities, LGBT Americans are explicitly protected from discrimination in employment, housing, and access to public accommodations. However, in 2022, more than 300 bills have been introduced or passed in 36 states to restrict the rights of LGBT people.
The Federal government of the United States requires certain non-governmental organizations (NGOs) that receive federal anti-HIV/AIDS or anti-trafficking funds to adopt an organization-wide policy opposing prostitution and sex-trafficking. This requirement, known as the anti-prostitution pledge, has been in place since 2003.
Toonen v. Australia was a landmark human rights complaint brought before the United Nations Human Rights Committee (UNHRC) by Tasmanian resident Nicholas Toonen in 1994. The case resulted in the repeal of Australia's last sodomy laws when the Committee held that sexual orientation was included in the antidiscrimination provisions as a protected status under the International Covenant on Civil and Political Rights (ICCPR).
Lesbian, gay, bisexual, transgender and queer (LGBTQ) people face difficulties in prison such as increased vulnerability to sexual assault, other kinds of violence, and trouble accessing necessary medical care. While much of the available data on LGBTQ inmates comes from the United States, Amnesty International maintains records of known incidents internationally in which LGBTQ prisoners and those perceived to be lesbian, gay, bisexual or transgender have suffered torture, ill-treatment and violence at the hands of fellow inmates as well as prison officials.
Immigration Equality is a United States nonprofit organization founded in 1994. Based in New York, it both advocates for and directly represents LGBTQ and HIV-positive people in the immigration system.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Queensland have advanced significantly from the late 20th century onwards, in line with progress on LGBT rights in Australia nationally. Private consensual sex between men has been legal in the state since 1991, with lesbian sexual acts never criminalised. The age of consent was equalised to 16 years for all sexual acts in 2016. Sexuality and gender identity are protected attributes under both state and federal anti-discrimination laws. Same-sex couples may marry under Australian law, enter into a civil partnership under state law or live together in an unregistered de facto relationship. Same-sex couples may become parents through adoption, foster care, altruistic surrogacy and, for lesbian couples, IVF. In 2020, Queensland became the first jurisdiction within Australia to pass a law banning conversion therapy, with a maximum penalty of 18 months imprisonment and fines.
The HIV Prevention Act of 1997 was proposed U.S. legislation that was not acted on by either house of Congress.
The hate speech laws in Australia give redress to someone who is the victim of discrimination, vilification, or injury on grounds that differ from one jurisdiction to another. All Australian jurisdictions give redress when a person is victimised on account of colour, ethnicity, national origin, or race. Some jurisdictions give redress when a person is victimised on account of colour, ethnic origin, religion, disability, gender identity, HIV/AIDS status or sexual orientation.
California is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, transgender (LGBT) rights, which have received nationwide recognition since the 1970s. Same-sex sexual activity has been legal in the state since 1976. Discrimination protections regarding sexual orientation and gender identity or expression were adopted statewide in 2003. Transgender people are also permitted to change their legal gender on official documents without any medical interventions, and mental health providers are prohibited from engaging in conversion therapy on minors.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the United States state of Virginia enjoy the same rights as non-LGBT persons. LGBT rights in the state are a recent occurrence, with most improvements in LGBT rights occurring in the 2000s and 2010s. Same-sex marriage has been legal in Virginia since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Bostic v. Rainey. Effective since July 1, 2020, there is a statewide law protecting LGBT persons from discrimination in employment, housing, public accommodations, and credit. The state's hate crime laws effective since July 1, 2020, now explicitly include both sexual orientation and gender identity.
Equality Florida is a political advocacy group that advocates for civil rights and protections for lesbian, gay, bisexual, transgender, and queer (LGBTQ) residents of the U.S. state of Florida.
The criminal transmission of HIV in the United States varies among jurisdictions. More than thirty of the fifty states in the U.S. have prosecuted HIV-positive individuals for exposing another person to HIV. State laws criminalize different behaviors and assign different penalties. While pinpointing who infected whom is scientifically impossible, a person diagnosed with HIV who is accused of infecting another while engaging in sexual intercourse is, in many jurisdictions, automatically committing a crime. A person donating HIV-infected organs, tissues, and blood can be prosecuted for transmitting the virus. Spitting or transmitting HIV-infected bodily fluids is a criminal offense in some states, particularly if the target is a prison guard. Some states treat the transmission of HIV, depending upon a variety of factors, as a felony and others as a misdemeanor.
The Ending Federal Marijuana Prohibition Act is a series of federal marijuana decriminalization bills that have been introduced multiple times in the United States Congress.
The HIV Organ Policy Equity Act is a law that modifies rules regarding organ donation between HIV-positive individuals. The law authorizes clinical research and the revision of rules about organ donation and transportation as a result of the research. Organs from HIV donors would only be going to individuals who are already HIV positive, but could lead to 600 additional organ transplants a year. The use of HIV-positive organs was previously a federal crime. This bill passed the United States Senate during the 113th United States Congress, and also passed the United States House of Representatives. It was signed into law as PL 113-51 by President Barack Obama on November 21, 2013.
The AIDS Law Project of Pennsylvania is a nonprofit, public-interest law firm that provides free legal service to individuals living with and affected by HIV and AIDS. Founded in 1988, it is the only public interest law firm in the nation that is exclusively dedicated to helping those with HIV and AIDS. AIDS Law Project is headquartered in Philadelphia with an additional office in Southern New Jersey.
Discrimination against drug addicts is a form of discrimination against people who suffer from a drug addiction.
Deon Haywood is an American human rights defender, activist, educator, and director noted for her work combating discrimination against Black women, the criminalization of sex workers, adverse living conditions against the working poor, and limited access to HIV healthcare for residents of the American South. She is the executive director of the social justice non-profit, Women With A Vision.