Vanquishing the Victim: The Criminalization of HIV non-disclosure and transmission in Canada
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This thesis examines the legal complexities surrounding the criminalization of HIV non-disclosure and transmission in Canada, where, by law, an HIV-positive person (PHA) is required to disclose his or her HIV status before engaging in sexual activities where a potential risk of exposure to the virus exists. In analyzing how HIV/AIDS is treated under the criminal code, the thesis will focus on the HIV narrative over the past three decades; the rationale behind HIV criminalization; how media coverage of HIV has incited bouts of moral panic in society; the historical legal framework; the evolution of HIV non-disclosure laws; how past precedents have affected cases heard to date; and, importantly, the role of public health and the consideration of human rights in relation to HIV criminalization.
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Copyright © 2016 the author(s). Theses may be used for non-commercial research, educational, or related academic purposes only. Such uses include personal study, research, scholarship, and teaching. Theses may only be shared by linking to Carleton University Institutional Repository and no part may be used without proper attribution to the author. No part may be used for commercial purposes directly or indirectly via a for-profit platform; no adaptation or derivative works are permitted without consent from the copyright owner.
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- 2016
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