Five years after the publication of Expert Consensus Statement on the Science of HIV in the Context of Criminal Law, the HIV Justice Network (HJN) conducted additional research in April-July 2023 to assess the impact of the Statement on court cases and advocacy. As a result, a report was prepared, “Expert Consensus Statement on the Science of HIV in the Context of Criminal Law. Five-year Impact Report: Brining Science to Justice” to highlight the impact of scientific expert opinion on the development of HIV law over the past five years. Virusoff discusses why document has not lost its relevance and continues to be so useful. As well as what is presented in the new report.
In 2018, a group of twenty leading HIV scientists published an “Expert Consensus Statement” calling for a solution to the misapplication of HIV science in criminal law. The statement was a joint effort by the International AIDS Society (IAS), the International Association of AIDS Care Providers (IAPAC), UNAIDS, and HIV JUSTICE WORLDWIDE (HJWW), which compiled extensive scientific and medical evidence on HIV transmission, its harms, and the feasibility of confirming transmission.
The “Expert Consensus Statement” reached agreement on three key themes: the ability to transmit HIV in different scenarios, the harms of HIV infection, and the ability to scientifically confirm transmission. The statement was supported by more than seventy scientists from forty-six countries and was subsequently published in the Journal of the International AIDS Society (JIAS) and attracted worldwide media attention.
Five years after publication, research has shown that the Expert Consensus Statement has had a significant impact on the practice of justice. It has been successfully used to defend defendants in trials, as well as in advocacy campaigns to change criminalizing legislation. In addition, the “Statement” has attracted the attention of policymakers, government agencies, and the public by promoting education and awareness about HIV infection and its criminalization.
The Expert Consensus Statement continues to be an important tool for combating the inappropriate criminalization of HIV and encouraging the development of science-based legislation. It demonstrates that science is key in shaping legal norms and policies to protect the rights and dignity of people living with HIV.