Tag: hiv

how does liability impact criminal law

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  • How does criminal law affect response to HIV?

  • In some instances, criminal law provisions, although not directly targeting persons living with HIV, may have an indirect impact on responses to HIV. For example, criminalising sex work or men who have sex with men may hinder the delivery of HIV prevention and care services to such populations.

  • How does the concept of strict liability assist the accused?

  • The concept assists the accused in a criminal trial since strict liability draw a clear line between legality and illegality, which may reduce the information cost for the general public to determine whether he is guilty or not. Unnecessary legal fee may also be saved in this regard.

  • How does the over-criminalisation of HIV affect human rights?

  • These laws significantly impact on human rights gains in many areas. Furthermore, they are counterproductive because they further stigmatise alienated groups, already treated as outsiders by society.80One of the most significant human rights issues posed by the over-criminalisation of HIV is its impact on women.

  • Why should absolute liability be created?

  • In HIN LIN YEE ANOR v HKSAR, Ribeiro PJ pointed out a reason in particular why absolute liability should be created. Absolute liability can impose duty on a person (which may be a corporate body) where the conduct or task which is the subject of the duty is in practice likely to be carried out by someone else, such as an employee or a contractor.