Injustice Amplified by Hiv Non-Disclosure Ruling
Bibliographic Data
| ID | 10853162 |
|---|---|
| Authors | Alison Symington (0000-0001-8531-7303, corresponding author) |
| Year | 2013 |
| Volume | 63 |
| Issue | 3 |
| Pages | 485-495 |
| Publication date | 2013-07-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | University of Toronto Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 0042-0220 • E-ISSN: 1710-1174 |
| Publisher | University of Toronto Press Inc. (UTPress) (PUBLISHER) |
| DOI | 10.3138/utlj.0302-3 |
| OpenAlex | W2034043494 |
| Language | EN |
| Citations received | 8 |
This article notes that the Supreme Court’s punitive approach in Mabior and DC is out of step with recent scientific and medical advancements with respect to HIV transmission and treatment. It argues that while the Court set out a risk-based test to determine when HIV disclosure is legally required, it did not appropriately weigh the evidence regarding the risk of HIV transmission. It predicts that the judgment will have an unfair and disproportionate impact on already marginalized people, including newcomers, those in violent relationships, and those without access to treatment. Finally, it questions whether the new legal test for HIV non-disclosure cases reflects Charter values
Charter · Criminology · Hiv test · Human immunodeficiency virus (HIV · Injustice · Political science · Punitive damages · Set (abstract data type · Sociology · Supreme court · Test (biology · Transmission (telecommunications · Computer Science · Demography · Human Rights and Development · Judicial and Constitutional Studies · Law · Legal Issues in South Africa · Medicine · Psychology · Virology
Awareness and Understanding of HIV Non-disclosure Case Law and the Role of Healthcare Providers in Discussions About the Criminalization of HIV Non-disclosure Among Women Living with HIV in Canada
Individual Rights and the Negotiation of Governmental Power
The public health implications of HIV criminalization
HIV Positive People’s Perspectives on Canadian Criminal Law and Non-Disclosure
How women living with HIV react and respond to learning about Canadian law that criminalises HIV non-disclosure
Awareness and understanding of HIV non-disclosure case law among people living with HIV who use illicit drugs in a Canadian setting
Criminal Code reform of HIV non-disclosure is urgently needed
HIV, Viral Suppression and New Technologies of Surveillance and Control
| Unique citing works | 8 |
|---|---|
| Citations per year | 0,67 |
| Citation span | 2014 - 2024 (11) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 8 |