8-MARCH-Principles-FINAL-printer-version-1-MARCH-2023

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THE 8 MARCH PRINCIPLES FOR A HUMAN RIGHTS-BASED APPROACH TO CRIMINAL LAW PROSCRIBINGCONDUCT ASSOCIATED WITH SEX, REPRODUCTION, DRUG USE, HIV, HOMELESSNESS AND POVERTYPRINCIPLE 19 – HIVCriminal law may not proscribe non-disclosure of HIV status or exposure to HIV orHIV transmission per se.The use of criminal law should be limited to cases of intentional transmission of HIV:that is, where a person knows their HIV-positive status, acts with the intent totransmit HIV, and does in fact transmit it. In those circumstances, criminal lawenforcement must be based on the best available scientific and medical evidenceabout HIV and modes of transmission, prevention and treatment.PRINCIPLE 20 – DRUG USE AND POSSESSION, PURCHASE, ORCULTIVATION OF DRUGS FOR PERSONAL USECriminal law may not proscribe:a) drug use or the possession, purchase or cultivation of drugs for personal use,including by anyone under the age of 18 or while pregnant;b) possession or distribution of equipment, goods and information relating topersonal drug use or regarding health services for people who use drugs;c) activities or services carried out as part of quality-assured, scientifically-sound andmedically appropriate efforts to prevent or reduce the harms associated with druguse, including the distribution of safer drug use kits, sterile needles andsyringes, naloxone, and the provision and supervision of safe consumption sites; ord) seeking, receiving or imparting information about health services for peoplewho use drugs, including about equipment, goods, facilities or informationintended to prevent or reduce the harms associated with drug use.PRINCIPLE 21 – LIFE-SUSTAINING ACTIVITIES IN PUBLIC PLACESAND CONDUCT ASSOCIATED WITH HOMELESSNESS AND POVERTYNo one may be held criminally liable:a) for engaging in life-sustaining economic activities in public places, such asbegging, panhandling, trading, touting, vending, hawking or other informalcommercial activities involving non-contraband items;b) for engaging in life-sustaining activities in public places, such as sleeping,eating, preparing food, washing clothes, sitting or performing hygiene-relatedactivities, including washing, urinating and defecating, or for other analogousactivities in public places, where there are no adequate alternatives available; orc) on the basis of their employment or means of subsistence or their economic orsocial status, including their lack of a fixed address, home or their experiencinghomelessness in practice.24
THE 8 MARCH PRINCIPLES FOR A HUMAN RIGHTS-BASED APPROACH TO CRIMINAL LAW PROSCRIBINGCONDUCT ASSOCIATED WITH SEX, REPRODUCTION, DRUG USE, HIV, HOMELESSNESS AND POVERTYEndorsers and SupportersThe following jurists are the first to endorse the Principles and do so in their individualcapacity. Organizations, institutions or affiliations are listed with the names of juristsfor the purpose of identification only.MEGHNA ABRAHAMExecutive DirectorCenter for Economic andSocial RightsMÓNICA ARANGO OLAYAFormer Deputy JusticeConstitutional CourtColombiaCATALINA BOTERODirector of the UNESCO Chairof Freedom of Expression,University of Los AndesICJ Commissioner, ColombiaLUISA CABALDirector, Regional SupportTeam for Latin America and theCaribbeanUNAIDSEDWIN CAMERONRetired Justice, ConstitutionalCourt of South AfricaInspecting Judge, JudicialInspectorate for CorrectionalServicesSILVIA CARTWRIGHTICJ Commissioner and Chair ofthe ICJ Executive CommitteeNew ZealandMARKUS D. DUBBERProfessor, Faculty of Law &Centre for Criminology andSociolegal Studies, Universityof TorontoCanadaRICHARD ELLIOTTConsultant, health and humanrights law and policyChair, Supervisory Board, HIVJustice NetworkFANNY GÓMEZ-LUGO J.D., LL.M.Adjunct Professor of Law,Georgetown University LawCenterUSAANAND GROVERCo-founder and DirectorLawyers CollectiveIndiaROOJIN HABIBIResearch Fellow,Global Strategy LabYork UniversityCanadaCATHERINE HEARDDirector, World Prison ResearchProgrammeInstitute for Crime & JusticePolicy Research, School of Law,Birkbeck, University of London,United KingdomESZTER KISMÖDIInternational Human RightsLawyer,Chief Executive, Sexual andReproductive Health MattersRAJAT KHOSLAAdjunct Research Professor,University of Southern CaliforniaInstitute on Inequalities in GlobalHealth25
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