POLICY BRIEF Criminalization of HIV Transmission

In some countries, criminal law is being applied
to those who transmit or expose others to HIV
infection.1
There are no data indicating that
the broad application of criminal law to HIV
transmission will achieve either criminal justice or
prevent HIV transmission. Rather, such application
risks undermining public health and human
rights. Because of these concerns, UNAIDS urges
governments to limit criminalization to cases of
intentional transmission i.e. where a person knows
his or her HIV positive status, acts with the intention
to transmit HIV, and does in fact transmit it.