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CRIMINAL LAW
Criminal Law. From the beginning of the HIV epidemic, fear and ignorance about HIV's routes and relative risks of transmission have fueled a backlash against people living with HIV, most evident in the laws that punish them for engaging in consensual sex or activities that pose no risk of HIV transmission. The media coverage thataccompanies
MISSOURI | THE CENTER FOR HIV LAW AND POLICY For detail on the selected state law and cases interpreting it, download Missouri: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories.. To view the publication in its entirety, see HIV Criminalization in the United States: APRISONS AND JAILS
The rate of HIV among prisoners is 5 to 7 times that of the general population. HIV rates are highest among black prisoners. The correctional setting is often the first place incarcerated men and women are diagnosed with HIV and provided treatment. Inmates in jails and prisons across the United States, generally, do not receive healthcare that
IOWA | THE CENTER FOR HIV LAW AND POLICY For a concise overview of the implications of Iowa's 2014 reform of its HIV-related criminal law, see HIV Criminal Law Reform, Before and After: Iowa. For detail on the selected state law and cases interpreting it, download Iowa: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measuresNORTH CAROLINA
For a concise overview of implications of the 2018 reform of HIV-related public health control measures in North Carolina, see HIV Criminal Law Reform, Before and After: North Carolina. For detail on the selected state law and cases interpreting it, download North Carolina: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil LETTER TO AMERICAN LAW INSTITUTE ON MODEL PENAL CODE The following letter was sent to the American Law Institute (ALI) asking their members to reconsider the release of a draft Model Penal Code (MPC) containing, for the first time, their recommended provisions for a sex offense registry. FLORIDA | THE CENTER FOR HIV LAW AND POLICY For detail on the selected state law and cases interpreting it, download Florida: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories.. To view the publication in its entirety, see HIV Criminalization in the United States: A THE CENTER FOR HIV LAW AND POLICY The CHLP HIV Policy Resource Bank is a comprehensive database of materials to inform and support sound HIV advocacy. Search here to find quality memoranda, research, reports, legal and medical guides, court and agency decisions, pleadings and briefs, policy SHORT-TERM RENT, MORTGAGE, AND UTILITY (STRMU) FACT SHEET The Center for HIV Law and Policy challenges barriers to the rights and health of people affected by HIV through legal advocacy, high-impact policy initiatives, and creation of TEAM | THE CENTER FOR HIV LAW AND POLICY The Center for HIV Law and Policy. 147 Prince Street, Brooklyn, NY 11201. Phone: 212-430-6733 Fax: 212-430-6734CRIMINAL LAW
Criminal Law. From the beginning of the HIV epidemic, fear and ignorance about HIV's routes and relative risks of transmission have fueled a backlash against people living with HIV, most evident in the laws that punish them for engaging in consensual sex or activities that pose no risk of HIV transmission. The media coverage thataccompanies
MISSOURI | THE CENTER FOR HIV LAW AND POLICY For detail on the selected state law and cases interpreting it, download Missouri: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories.. To view the publication in its entirety, see HIV Criminalization in the United States: APRISONS AND JAILS
The rate of HIV among prisoners is 5 to 7 times that of the general population. HIV rates are highest among black prisoners. The correctional setting is often the first place incarcerated men and women are diagnosed with HIV and provided treatment. Inmates in jails and prisons across the United States, generally, do not receive healthcare that
IOWA | THE CENTER FOR HIV LAW AND POLICY For a concise overview of the implications of Iowa's 2014 reform of its HIV-related criminal law, see HIV Criminal Law Reform, Before and After: Iowa. For detail on the selected state law and cases interpreting it, download Iowa: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measuresNORTH CAROLINA
For a concise overview of implications of the 2018 reform of HIV-related public health control measures in North Carolina, see HIV Criminal Law Reform, Before and After: North Carolina. For detail on the selected state law and cases interpreting it, download North Carolina: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil LETTER TO AMERICAN LAW INSTITUTE ON MODEL PENAL CODE The following letter was sent to the American Law Institute (ALI) asking their members to reconsider the release of a draft Model Penal Code (MPC) containing, for the first time, their recommended provisions for a sex offense registry. FLORIDA | THE CENTER FOR HIV LAW AND POLICY For detail on the selected state law and cases interpreting it, download Florida: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories.. To view the publication in its entirety, see HIV Criminalization in the United States: A TEAM | THE CENTER FOR HIV LAW AND POLICY Team. Catherine Hanssens, Executive Director and Founder, has been active in HIV legal and policy issues since 1984. Previously, Hanssens was AIDS Project Director at Lambda Legal, where she led Lambda's HIV-related litigation and policy work. She also worked with the AIDS Law Project of Pennsylvania, where she created and managed one of theIMMIGRATION
Prior to 2010, federal immigration law prohibited people with HIV from entering the country. The United States recently removed statutory and regulatory bans prohibiting people living with HIV from entering the country. Effective January 4, 2010, HIV is no longer a bar to entry into the United States for visitation or immigration purposes. FRAIHAT V. ICE, 106 FED. R. SERV. 3D 511 (C.D. CAL. 2020 Fraihat v. ICE, 106 Fed. R. Serv. 3d 511 (C.D. Cal. 2020) On April 20, 2020, a federal court ordered Immigration and Customs Enforcement (ICE) to consider releasing all people in its custody at increased risk during the COVID-19 pandemic. The court recognized (“certified”) a subclass of plaintiffs in ongoing litigation inFraihat v.
SEARCH RESULTS
The Center for HIV Law and Policy challenges barriers to the rights and health of people affected by HIV through legal advocacy, high-impact policy initiatives, and creation of VIRGINIA | THE CENTER FOR HIV LAW AND POLICY For detail on the selected state law and cases interpreting it, download Virginia: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories.. To view the publication in its entirety, see HIV Criminalization in the United States: A HOUSING RIGHTS OF PEOPLE LIVING WITH HIV/AIDS: A PRIMER One in a series of primers on various legal issues as they pertain to people living with HIV/AIDS, this primer on housing law provides guidance on the laws protecting people with HIV from housing discrimination and ensuring their ability to find safe and stablehousing.
CONVENTION ON THE RIGHTS OF THE CHILD, 1577 U.N.T.S. 3 Convention on the Rights of the Child, 1577 U.N.T.S. 3 (1989) The Convention on the Rights of the Child (“CRC”) is an international treaty that discusses many of the rights children, some of which are in addition to those also enjoyed by adults. Particularly relevant to HIV/AIDS issues are: the right to life and corresponding obligation of FACT SHEET ON MEDICARE COVERAGE OF TRANSITION-RELATED CARE In May 2014, the U.S. Department of Health and Human Services (HHS) Departmental Appeals Board declared that the exclusion of transgender care from Medicare was based on outdated, incomplete, and biased science, and did not reflect standards of care. MODEL INFORMED CONSENT FOR HIV TESTING, MASSACHUSETTS The Massachusetts Department of Public Health (MDPH) created this model informed consent form for HIV testing to facilitate the implementation of routine HIV testing in clinical settings.NORTH DAKOTA
HIV-Specific Criminal Laws. For detail on the selected state law and cases interpreting it, download North Dakota: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories. THE CENTER FOR HIV LAW AND POLICY The CHLP HIV Policy Resource Bank is a comprehensive database of materials to inform and support sound HIV advocacy. Search here to find quality memoranda, research, reports, legal and medical guides, court and agency decisions, pleadings and briefs, policyRACIAL JUSTICE
Racial Justice. As people of color disproportionately suffer the brunt of the HIV epidemic in the United States, HIV is a racial justice issue as well as a public health issue. In 2010, African Americans accounted for an estimated 44% of all new HIV infections among adults and adolescents despite representing only 12% of the nationalpopulation.
SHORT-TERM RENT, MORTGAGE, AND UTILITY (STRMU) FACT SHEET The Center for HIV Law and Policy challenges barriers to the rights and health of people affected by HIV through legal advocacy, high-impact policy initiatives, and creation of MISSOURI | THE CENTER FOR HIV LAW AND POLICY For detail on the selected state law and cases interpreting it, download Missouri: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories.. To view the publication in its entirety, see HIV Criminalization in the United States: A TEEN SENSE | THE CENTER FOR HIV LAW AND POLICY Teen Sexual Health and Education Now in State Environments (Teen SENSE) is a multidisciplinary initiative that works to secure the right of youth in state custody to comprehensive, LGBTQ-affirming sexual health care. This includes providing sexual health literacy programming and ensuring that staff of all government-operated and-regulated
CONVENTION ON THE RIGHTS OF THE CHILD, 1577 U.N.T.S. 3 Convention on the Rights of the Child, 1577 U.N.T.S. 3 (1989) The Convention on the Rights of the Child (“CRC”) is an international treaty that discusses many of the rights children, some of which are in addition to those also enjoyed by adults. Particularly relevant to HIV/AIDS issues are: the right to life and corresponding obligation of US V. SAFEHOUSE, 408 F. SUPP. 3D 583 (U.S. DIST. COURT, E The Center for HIV Law and Policy. 147 Prince Street, Brooklyn, NY 11201. Phone: 212-430-6733 Fax: 212-430-6734MISSISSIPPI
For detail on the selected state law and cases interpreting it, download Mississippi: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories.. To view the publication in its entirety, see HIV Criminalization in the United States: A MODEL INFORMED CONSENT FOR HIV TESTING, MASSACHUSETTS The Massachusetts Department of Public Health (MDPH) created this model informed consent form for HIV testing to facilitate the implementation of routine HIV testing in clinical settings. MACY V. HOLDER, APPEAL NO. 0120120821 (U.S. EQUAL Macy v. Holder, Appeal No. 0120120821 (U.S. Equal Employment Opportunity Commission, Apr. 20, 2012) THE CENTER FOR HIV LAW AND POLICY The CHLP HIV Policy Resource Bank is a comprehensive database of materials to inform and support sound HIV advocacy. Search here to find quality memoranda, research, reports, legal and medical guides, court and agency decisions, pleadings and briefs, policyRACIAL JUSTICE
Racial Justice. As people of color disproportionately suffer the brunt of the HIV epidemic in the United States, HIV is a racial justice issue as well as a public health issue. In 2010, African Americans accounted for an estimated 44% of all new HIV infections among adults and adolescents despite representing only 12% of the nationalpopulation.
SHORT-TERM RENT, MORTGAGE, AND UTILITY (STRMU) FACT SHEET The Center for HIV Law and Policy challenges barriers to the rights and health of people affected by HIV through legal advocacy, high-impact policy initiatives, and creation of MISSOURI | THE CENTER FOR HIV LAW AND POLICY For detail on the selected state law and cases interpreting it, download Missouri: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories.. To view the publication in its entirety, see HIV Criminalization in the United States: A TEEN SENSE | THE CENTER FOR HIV LAW AND POLICY Teen Sexual Health and Education Now in State Environments (Teen SENSE) is a multidisciplinary initiative that works to secure the right of youth in state custody to comprehensive, LGBTQ-affirming sexual health care. This includes providing sexual health literacy programming and ensuring that staff of all government-operated and-regulated
CONVENTION ON THE RIGHTS OF THE CHILD, 1577 U.N.T.S. 3 Convention on the Rights of the Child, 1577 U.N.T.S. 3 (1989) The Convention on the Rights of the Child (“CRC”) is an international treaty that discusses many of the rights children, some of which are in addition to those also enjoyed by adults. Particularly relevant to HIV/AIDS issues are: the right to life and corresponding obligation of US V. SAFEHOUSE, 408 F. SUPP. 3D 583 (U.S. DIST. COURT, E The Center for HIV Law and Policy. 147 Prince Street, Brooklyn, NY 11201. Phone: 212-430-6733 Fax: 212-430-6734MISSISSIPPI
For detail on the selected state law and cases interpreting it, download Mississippi: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories.. To view the publication in its entirety, see HIV Criminalization in the United States: A MODEL INFORMED CONSENT FOR HIV TESTING, MASSACHUSETTS The Massachusetts Department of Public Health (MDPH) created this model informed consent form for HIV testing to facilitate the implementation of routine HIV testing in clinical settings. MACY V. HOLDER, APPEAL NO. 0120120821 (U.S. EQUAL Macy v. Holder, Appeal No. 0120120821 (U.S. Equal Employment Opportunity Commission, Apr. 20, 2012) HIV POLICY RESOURCE BANK The HIV Policy Resource Bank - the first and only of its kind - is a comprehensive database of quality memoranda, research, reports, legal and medical guides, court and agency decisions, pleadings and briefs, policy analyses and recommendations, and other materials on 38 topics of importance to people living with HIV and their advocates.The HIV Policy Resource Bank provides free, unlimitedIMMIGRATION
Prior to 2010, federal immigration law prohibited people with HIV from entering the country. The United States recently removed statutory and regulatory bans prohibiting people living with HIV from entering the country. Effective January 4, 2010, HIV is no longer a bar to entry into the United States for visitation or immigration purposes. SHORT-TERM RENT, MORTGAGE, AND UTILITY (STRMU) FACT SHEET The Center for HIV Law and Policy challenges barriers to the rights and health of people affected by HIV through legal advocacy, high-impact policy initiatives, and creation of LOUISIANA | THE CENTER FOR HIV LAW AND POLICY For detail on the selected state law and cases interpreting it, download Louisiana: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories.. To view the publication in its entirety, see HIV Criminalization in the United States: A IOWA | THE CENTER FOR HIV LAW AND POLICY For a concise overview of the implications of Iowa's 2014 reform of its HIV-related criminal law, see HIV Criminal Law Reform, Before and After: Iowa. For detail on the selected state law and cases interpreting it, download Iowa: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measuresNORTH DAKOTA
HIV-Specific Criminal Laws. For detail on the selected state law and cases interpreting it, download North Dakota: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories.NORTH CAROLINA
For a concise overview of implications of the 2018 reform of HIV-related public health control measures in North Carolina, see HIV Criminal Law Reform, Before and After: North Carolina. For detail on the selected state law and cases interpreting it, download North Carolina: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil WISCONSIN | THE CENTER FOR HIV LAW AND POLICY For detail on the selected state law and cases interpreting it, download Wisconsin: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories.. To view the publication in its entirety, see HIV Criminalization in the United States: A INDIANA | THE CENTER FOR HIV LAW AND POLICY For detail on the selected state law and cases interpreting it, download Indiana: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories.. To view the publication in its entirety, see HIV Criminalization in the United States: A OKLAHOMA | THE CENTER FOR HIV LAW AND POLICY For detail on the selected state law and cases interpreting it, download Oklahoma: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories.. To view the publication in its entirety, see HIV Criminalization in the United States: A THE CENTER FOR HIV LAW AND POLICYHIV AND HEALTH POLICYHIV AND HEALTH POLICYHIV RIGHTS AND LAWS The CHLP HIV Policy Resource Bank is a comprehensive database of materials to inform and support sound HIV advocacy. Search here to find quality memoranda, research, reports, legal and medical guides, court and agency decisions, pleadings and briefs, policyRACIAL JUSTICE
Racial Justice. As people of color disproportionately suffer the brunt of the HIV epidemic in the United States, HIV is a racial justice issue as well as a public health issue. In 2010, African Americans accounted for an estimated 44% of all new HIV infections among adults and adolescents despite representing only 12% of the nationalpopulation.
MISSOURI | THE CENTER FOR HIV LAW AND POLICYCONSENT FOR HIV TESTING LAWSHIV RIGHTS AND LAWSFLORIDA LAW REGARDING HIV CONSENTHIV DISCLOSURE LAWSHIV CONSENT FOR TESTINGHIV CONSENT FORM MARYLAND For detail on the selected state law and cases interpreting it, download Missouri: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories.. To view the publication in its entirety, see HIV Criminalization in the United States: A SHORT-TERM RENT, MORTGAGE, AND UTILITY (STRMU) FACT SHEETHOPWA STRMU FACT SHEETSTRMU FACT SHEETSHORT TERM HOME RENTALSHORT TERM RENTALSSHORT TERM RENTALS IN FLORIDASHORT TERM RENTALS NEAR ME The Center for HIV Law and Policy challenges barriers to the rights and health of people affected by HIV through legal advocacy, high-impact policy initiatives, and creation of MODEL INFORMED CONSENT FOR HIV TESTING, MASSACHUSETTS The Massachusetts Department of Public Health (MDPH) created this model informed consent form for HIV testing to facilitate the implementation of routine HIV testing in clinical settings.NORTH CAROLINA
For a concise overview of implications of the 2018 reform of HIV-related public health control measures in North Carolina, see HIV Criminal Law Reform, Before and After: North Carolina. For detail on the selected state law and cases interpreting it, download North Carolina: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil ETHICS OF HIV DISCLOSURE: TO TELL OR NOT TO TELL The Congressional Black Caucus Foundation, Inc. (CBCF) and the Act Against AIDS Leadership Initiative (AAALI) are sponsoring a Google+ Hangout to discuss the ethics of HIV disclosure for women living with HIV. CHLP Executive Director Catherine Hanssens will be participating as one of the expert panelists. Wednesday, March 19, 1-2:30 pm EST. US V. SAFEHOUSE, 408 F. SUPP. 3D 583 (U.S. DIST. COURT, E The Center for HIV Law and Policy. 147 Prince Street, Brooklyn, NY 11201. Phone: 212-430-6733 Fax: 212-430-6734 BAXTER V. CITY OF BELLEVILLE, 720 F. SUPP. 720 (S.D. ILL Baxter v. City of Belleville, 720 F. Supp. 720 (S.D. Ill. 1989) Relying on the Seventh Circuit's four-prong impact analysis outlined in Metropolitan Housing Development Corp. v. Village of Arlington Heights, 558 F.2d 1283 (7th Cir. 1977), the District Court found that denying a special use permit to open a residence for people with AIDS GIEBELER V. M & B ASSOCS., 343 F.3D 1143 (9TH CIR. 2003 Giebeler v. M & B Assocs., 343 F.3d 1143 (9th Cir. 2003) An HIV-positive man applied to rent an apartment, even though he did not meet the rental company's minimum required income. After his initial rejection, plaintiff attempted to re-lease the apartment with a cosigner, but the defendant, pursuant to its no cosigner policy,rejected his
THE CENTER FOR HIV LAW AND POLICYHIV AND HEALTH POLICYHIV AND HEALTH POLICYHIV RIGHTS AND LAWS The CHLP HIV Policy Resource Bank is a comprehensive database of materials to inform and support sound HIV advocacy. Search here to find quality memoranda, research, reports, legal and medical guides, court and agency decisions, pleadings and briefs, policyRACIAL JUSTICE
Racial Justice. As people of color disproportionately suffer the brunt of the HIV epidemic in the United States, HIV is a racial justice issue as well as a public health issue. In 2010, African Americans accounted for an estimated 44% of all new HIV infections among adults and adolescents despite representing only 12% of the nationalpopulation.
MISSOURI | THE CENTER FOR HIV LAW AND POLICYCONSENT FOR HIV TESTING LAWSHIV RIGHTS AND LAWSFLORIDA LAW REGARDING HIV CONSENTHIV DISCLOSURE LAWSHIV CONSENT FOR TESTINGHIV CONSENT FORM MARYLAND For detail on the selected state law and cases interpreting it, download Missouri: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil laws relating to public health control measures in all 50 states, the military, and U.S. territories.. To view the publication in its entirety, see HIV Criminalization in the United States: A SHORT-TERM RENT, MORTGAGE, AND UTILITY (STRMU) FACT SHEETHOPWA STRMU FACT SHEETSTRMU FACT SHEETSHORT TERM HOME RENTALSHORT TERM RENTALSSHORT TERM RENTALS IN FLORIDASHORT TERM RENTALS NEAR ME The Center for HIV Law and Policy challenges barriers to the rights and health of people affected by HIV through legal advocacy, high-impact policy initiatives, and creation of MODEL INFORMED CONSENT FOR HIV TESTING, MASSACHUSETTS The Massachusetts Department of Public Health (MDPH) created this model informed consent form for HIV testing to facilitate the implementation of routine HIV testing in clinical settings.NORTH CAROLINA
For a concise overview of implications of the 2018 reform of HIV-related public health control measures in North Carolina, see HIV Criminal Law Reform, Before and After: North Carolina. For detail on the selected state law and cases interpreting it, download North Carolina: Analysis & Codes, an excerpt from CHLP’s recently updated compendium of HIV- and STI-related criminal laws and civil ETHICS OF HIV DISCLOSURE: TO TELL OR NOT TO TELL The Congressional Black Caucus Foundation, Inc. (CBCF) and the Act Against AIDS Leadership Initiative (AAALI) are sponsoring a Google+ Hangout to discuss the ethics of HIV disclosure for women living with HIV. CHLP Executive Director Catherine Hanssens will be participating as one of the expert panelists. Wednesday, March 19, 1-2:30 pm EST. US V. SAFEHOUSE, 408 F. SUPP. 3D 583 (U.S. DIST. COURT, E The Center for HIV Law and Policy. 147 Prince Street, Brooklyn, NY 11201. Phone: 212-430-6733 Fax: 212-430-6734 BAXTER V. CITY OF BELLEVILLE, 720 F. SUPP. 720 (S.D. ILL Baxter v. City of Belleville, 720 F. Supp. 720 (S.D. Ill. 1989) Relying on the Seventh Circuit's four-prong impact analysis outlined in Metropolitan Housing Development Corp. v. Village of Arlington Heights, 558 F.2d 1283 (7th Cir. 1977), the District Court found that denying a special use permit to open a residence for people with AIDS GIEBELER V. M & B ASSOCS., 343 F.3D 1143 (9TH CIR. 2003 Giebeler v. M & B Assocs., 343 F.3d 1143 (9th Cir. 2003) An HIV-positive man applied to rent an apartment, even though he did not meet the rental company's minimum required income. After his initial rejection, plaintiff attempted to re-lease the apartment with a cosigner, but the defendant, pursuant to its no cosigner policy,rejected his
CRIMINAL LAW
The Center for HIV Law and Policy challenges barriers to the rights and health of people affected by HIV through legal advocacy, high-impact policy initiatives, and creation of cross-issue partnerships, networks, and resources.IMMIGRATION
Prior to 2010, federal immigration law prohibited people with HIV from entering the country. The United States recently removed statutory and regulatory bans prohibiting people living with HIV from entering the country. Effective January 4, 2010, HIV is no longer a bar to entry into the United States for visitation or immigration purposes.SEARCH RESOURCES
The Center for HIV Law and Policy challenges barriers to the rights and health of people affected by HIV through legal advocacy, high-impact policy initiatives, and creation of LETTER TO AMERICAN LAW INSTITUTE ON MODEL PENAL CODE The following letter was sent to the American Law Institute (ALI) asking their members to reconsider the release of a draft Model Penal Code (MPC) containing, for the first time, their recommended provisions for a sex offense registry. SHORT-TERM RENT, MORTGAGE, AND UTILITY (STRMU) FACT SHEET The Center for HIV Law and Policy challenges barriers to the rights and health of people affected by HIV through legal advocacy, high-impact policy initiatives, and creation ofPRISONS AND JAILS
The rate of HIV among prisoners is 5 to 7 times that of the general population. HIV rates are highest among black prisoners. The correctional setting is often the first place incarcerated men and women are diagnosed with HIV and provided treatment. Inmates in jails and prisons across the United States, generally, do not receive healthcare that
COMMENTS TO AMERICAN LAW INSTITUTE ON MODEL PENAL CODE The National Association of Criminal Defense Lawyers (NACDL) submitted comments to the American Law Institute (ALI) in Janaury 2021. The letter states NACDL's opposition to the implementation of sex offender registration schemes and urges ALI to abolish all types of sex offender registries as part of efforts to reform the Model Penal Code's treatment of sexual offenses. ADA ENFORCEMENT GUIDANCE The Center for HIV Law and Policy challenges barriers to the rights and health of people affected by HIV through legal advocacy, high-impact policy initiatives, and creation of CONVENTION ON THE RIGHTS OF THE CHILD, 1577 U.N.T.S. 3 Convention on the Rights of the Child, 1577 U.N.T.S. 3 (1989) The Convention on the Rights of the Child (“CRC”) is an international treaty that discusses many of the rights children, some of which are in addition to those also enjoyed by adults. Particularly relevant to HIV/AIDS issues are: the right to life and corresponding obligation of INTERSECTIONALITY, HIV JUSTICE, AND THE FUTURE OF OUR Intersectionality, HIV Justice, and the Future of Our Movement. On World AIDS Day a coalition of HIV activists and organizations released part one of an intersectional analysis of the continuing epidemic. Despite major scientific advances in combating the virus, due to interlocking systems of oppression - including racism, sexism,classism
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The PJP Update - May 2021 News from the Positive Justice Project on HIV decriminalization work from states across the country plus links to the latest webinars, meetings and media resources.Learn More...
News
TheBodyPro Interviews CHLP's Amir Sadeghi and Health Experts on Sexual Health Literacy Legislation in New York State Interview with CHLP and health experts centers on New York State bill A3864, new sexual health literacy legislation that will support Ending the HIV Epidemic (EtE) efforts.Learn More...
News
AIDSVu Partners with CHLP on New HIV Criminalization Resources Along with new data visualizations and insights, AIDSVu is featuring conversations with leaders and activists in the movement who are advocating for meaningful HIV criminalization reforms and repealsacross the country.
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News Conference: Advocates Celebrate A3864 and Call for Sexual Health Literacy for Medical Professionals Advocates and experts from New York and around the country joined Assemblymember Linda B. Rosenthal and CHLP to rally behind A3864, her bill to remedy medical mistrust and a serious gap in continuing medical education requirements for licensed medical professionals.Learn More...
The Fine Print Blog
The Power of the ADA to Challenge HIV Criminal Laws How advocates can develop legal challenges to state HIV criminalization laws using the Americans with Disabilities Act (ADA).Learn More...
News
Op-Ed: Use science, not stigma, to determine the next steps forNushawn Williams
CHLP's Anne Kelsey and Dr. William M. Valenti authored this op-ed in Syracuse.com on Nushawn Williams and how science, not stigma, should guide the next steps in his case.Learn More...
Resource
Timeline of State Reforms and Repeals of HIV Criminal Laws, Center for HIV Law and Policy (2020) This resource for community advocates provides a timeline describing the repeals and reforms to HIV criminal laws in the seven states that have made the most significant changes to their laws since 1994, including Texas, Illinois, Iowa, Colorado, California, North Carolina, Michigan and Washington.Learn More...
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Joint Statement: COVID-19 Vaccine Distribution and the American Criminal Legal and Detention Systems, CHLP, et al. (2020) CHLP, the NACDL and the APA released a joint statement calling for all individuals living and working in the nation’s jails, prisons, and other detention facilities to be prioritized in the COVID-19 vaccination process.Learn More...
News
CHLP Brief Calls out Homophobic Bias in Case of Gay Man Unjustly Designated a “Sexually Violent Predator” CHLP filed an amicus brief with the Supreme Court of Virginia in support of Galen Baughman, a young gay man at risk of indefinite civil confinement due to an unjust designation as a “sexually violent predator”. The brief describes the deep homophobic bias embedded in the civil commitment assessment process and in the drive to confine him in the absence of credible evidence.Learn More...
News
CHLP Testifies before New York State Senate on the Impact of COVID-19 on Prisons and Jails CHLP submitted testimony regarding the importance of taking a public health rather than criminal law enforcement approach to COVID-19, as well as the need to address failures in the state’s response to COVID-19 in prisons, jails, psychiatric hospitals, and other settingsof confinement.
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Webinar: Criminalization and U=U: The Role of Viral Suppression inCriminal Law Reform
Positive Justice Project Advisory Committee presents a webinar on the intersections of U=U and HIV criminal law reform.Learn More...
Resource
U.S. HIV Laws and Prosecutorial Tools, Center for HIV Law and Policy(2020)
This resource is a detailed but concise snapshot of the federal and state laws used to prosecute people living with HIV (PLHIV), viral hepatitis, and other sexually transmitted diseases. The resource is intended to support state advocates, policymakers, lobbyists, journalists, and the broader national Positive Justice Project (PJP) work to reform laws that target primarily Black women and men.Learn More...
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Proposed Public Health and Public Safety Pathways for Criminal Justice System Responses to COVID-19, Center for HIV Law and Policy, et al. (May 27, 2020) A group of national organizations convened by the Center for HIV Law and Policy (CHLP) and led by CHLP and the Association of ProsecutingLearn More...
Resource
HIV Criminalization in the United States: A Sourcebook on State and Federal HIV Criminal Law and Practice, The Center for HIV Law and Policy (updated May 2020) Updated May 2020! A resource for lawyers and community advocates outlining punitive laws, policies, and cases affecting PLHIV in all 50 states. It may be used as an aid for attorneys of PLHIV prosecuted for “HIV exposure” or non-disclosure of HIV status, as well as for advocates who want to reform the HIV criminal laws in their state.Learn More...
SEARCH THE HIV POLICY RESOURCE BANK The CHLP HIV Policy Resource Bank is a comprehensive database of materials to inform and support sound HIV advocacy. Search here to find quality memoranda, research, reports, legal and medical guides, court and agency decisions, pleadings and briefs, policy analyses and recommendations, and other materials. (For a full site search, including news and blog items, click here . For more information on searching the Resource Bank, see our User's Guide.)
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FIND LAWS IN YOUR STATE CHLP has compiled information on HIV laws in every state as they relate to HIV-specific criminal laws, guidelines for health care workers with HIV, youth access to STI testing and treatment, and HIVtesting.
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Criminal Law
The PJP Update - May 2021 Resource | Posted on May 26, 2021 LGBTQI, Prevention and Sexual Health TheBodyPro Interviews CHLP's Amir Sadeghi and Health Experts on Sexual Health Literacy Legislation in New York State News | Posted on May 19, 2021Criminal Law
AIDSVu Partners with CHLP on New HIV Criminalization Resources News | Posted on May 11, 2021 Confidentiality and Disclosure, Criminal Law, HIV as a Disability Under Antidiscrimination Law CHLP Submits Comments on HHS Proposed Change to HIPAA Privacy Rule News | Posted on May 6, 2021 Confidentiality and Disclosure, HIV as a Disability Under Antidiscrimination Law Comment on Proposed Changes to Law Enforcement Exception to HIPAA,CHLP (2021)
Resource | Posted on May 6, 2021 Gender Issues, Health Care and Insurance Issues, LGBTQI, Preventionand Sexual Health
News Conference: Advocates Celebrate A3864 and Call for Sexual Health Literacy for Medical Professionals News | Posted on April 22, 2021Criminal Law
The PJP Update - May 2021 Resource | Posted on May 26, 2021 Other Infectious Diseases, Prisons and Jails Joint Statement: COVID-19 Vaccine Distribution and the American Criminal Legal and Detention Systems, CHLP, et al. (2020) Resource | Posted on December 3, 2020Criminal Law
HIV Criminal Law Reform, Before and After: Washington Resource | Posted on November 30, 2020Criminal Law
HIV Criminal Law Reform, Before and After: Texas Resource | Posted on November 30, 2020Criminal Law
HIV Criminal Law Reform, Before and After: North Carolina Resource | Posted on November 30, 2020Criminal Law
HIV Criminal Law Reform, Before and After: Michigan Resource | Posted on November 30, 2020 View All CHLP PublicationsCriminal Law
The PJP Update - May 2021 Resource | Posted on May 26, 2021 Confidentiality and Disclosure, HIV as a Disability Under Antidiscrimination Law Comment on Proposed Changes to Law Enforcement Exception to HIPAA,CHLP (2021)
Resource | Posted on May 6, 2021 Health Care and Insurance Issues, LGBTQI To End the HIV Epidemic, Health Care Professionals Need Sexual HealthLiteracy
Resource | Posted on April 16, 2021 Other Infectious Diseases, Prisons and Jails Joint Statement: COVID-19 Vaccine Distribution and the American Criminal Legal and Detention Systems, CHLP, et al. (2020) Resource | Posted on December 3, 2020Criminal Law
HIV Criminal Law Reform, Before and After: Washington Resource | Posted on November 30, 2020Criminal Law
HIV Criminal Law Reform, Before and After: Texas Resource | Posted on November 30, 2020View Resource Bank
LGBTQI, Prevention and Sexual Health TheBodyPro Interviews CHLP's Amir Sadeghi and Health Experts on Sexual Health Literacy Legislation in New York State News | Posted on May 19, 2021Criminal Law
AIDSVu Partners with CHLP on New HIV Criminalization Resources News | Posted on May 11, 2021 Confidentiality and Disclosure, Criminal Law, HIV as a Disability Under Antidiscrimination Law CHLP Submits Comments on HHS Proposed Change to HIPAA Privacy Rule News | Posted on May 6, 2021 Gender Issues, Health Care and Insurance Issues, LGBTQI, Preventionand Sexual Health
News Conference: Advocates Celebrate A3864 and Call for Sexual Health Literacy for Medical Professionals News | Posted on April 22, 2021 Health Care and Insurance Issues, LGBTQI, Prevention and Sexual Health Media Advisory: Health Care, Public Health, HIV Prevention and LGBTQ Leaders Call for Sexual Health Literacy Training News | Posted on April 21, 2021 Health Care and Insurance Issues, LGBTQI CHLP joins Fenway Institute in Comments Addressing Disparities Among Sexual and Gender Minority Patients News | Posted on April 16, 2021View All News
Criminal Law, HIV as a Disability Under Antidiscrimination Law The Power of the ADA to Challenge HIV Criminal Laws The Fine Print Blog | Posted on April 13, 2021 Criminal Law, Sex Work On the International Day to End Violence Against Sex Workers, CHLP Calls for An End to Laws that Criminalize Sex Work and HIV The Fine Print Blog | Posted on December 17, 2020 Criminal Law, Other Infectious Diseases Key Takeaways for Reform from the Williams Institute Report on HIV Criminalization in Missouri The Fine Print Blog | Posted on August 27, 2020 Education/ Schools, Employment, Health Care and Insurance Issues, Public Accommodations, Stigma July marks the 30th Anniversary of the ADA. What does that mean forPLHIV?
The Fine Print Blog | Posted on July 31, 2020 Youth, Youth in State Custody COVID-19 Newly Illustrates the Urgent Need to Reform Our Juvenile Detention and Child Welfare Systems The Fine Print Blog | Posted on May 4, 2020Criminal Law
CHLP and HIV Criminalization: If You Want To Know Where You're Headed, It's Helpful To Know Where You've Been The Fine Print Blog | Posted on May 1, 2020View All Blog Posts
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FEATURED RESOURCES
Map: HIV Criminalization in the United States, CHLP (updated July2020)
Map: An Overview of States Criminalizing Viral Hepatitis, CHLP(updated July 2020)
Chart: U.S. HIV Laws and Prosecutorial Tools, CHLP (updated June2020)
HIV Criminalization in the United States: A Sourcebook on State and Federal HIV Criminal Law and Practice, CHLP (updated May 2020) Fact Sheet: Punishment is Not a Public Health Strategy: The Criminalization of Viral Hepatitis, CHLP (2018) HIV Criminalization Beyond Non-Disclosure: Advocacy Toolkits on Intersections with Sex Work and Syringe Use, CHLP and National LGBTQTask Force (2017)
Guiding Principles for Eliminating Disease-Specific Criminal Laws, Positive Justice Project Steering Committee (2015) Consensus Statement on the Criminalization of HIV in the United States Consensus Statement on HIV "Treatment as Prevention" in Criminal LawReform
Consensus Statement on the Rights of Youth in State Custody THE CENTER FOR HIV LAW AND POLICY 147 Prince Street, Brooklyn, NY 11201 Phone: 212-430-6733 Fax: 212-430-6734 * Subscribe to Resource Bank Updates* Search
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