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

THE 8 MARCH PRINCIPLES FOR A HUMAN RIGHTS-BASED APPROACH TO CRIMINAL LAW PROSCRIBING
CONDUCT ASSOCIATED WITH SEX, REPRODUCTION, DRUG USE, HIV, HOMELESSNESS AND POVERTY
Table of contents
Foreword 1
Introduction 5
Audience 9
Process 9
Structure 10
Preamble 10
General Part I – Basic Principles of Criminal Law 14
Principle 1 – Principle of legality 15
Principle 2 – Harm principle 15
Principle 3 – Individual criminal liability 15
Principle 4 – Voluntary act requirement 15
Principle 5 – Mental state requirement 16
Principle 6 – Grounds for excluding criminal liability 16
General Part II – Criminal Law and International Human Rights Law
and Standards 17
Principle 7 – Human rights restrictions on criminal law 18
Principle 8 – Legitimate exercise of human rights 18
Principle 9 – Criminal law and prohibited discrimination 18
Principle 10 – Criminal liability may not be based on discriminatory grounds 19
Principle 11 – Limitations on criminal liability for persons under 18 years of age 19
Principle 12 – Criminal law and non-derogable human rights 19
Principle 13 – Criminal law sanctions 19
Special Part III – Application to the Criminalization of Conduct Associated
with Sex, Reproduction, Drug Use, HIV, Homelessness and Poverty 20
Principle 14 – Sexual and reproductive health and rights 21
Principle 15 – Abortion 22
Principle 16 – Consensual sexual conduct 22
Principle 17 – Sex work 23
Principle 18 – Sexual orientation, gender identity and gender expression 23
Principle 19 – HIV 24
Principle 20 – Drug use and possession, purchase, or cultivation of
drugs for personal use 24
Principle 21 – Life-sustaining activities in public places and conduct
associated with homelessness and poverty 24
Endorsers and Supporters 25
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