HIV-related Legal Needs, Demographic Change, and Trends in Australia since 1992: A Review of Legal Administrative Data.

An enabling legal environment is essential for an effective HIV response. Using legal administrative data from the HIV/AIDS Legal Centre (HALC), Australia's specialist HIV community legal service, this article characterizes the nature and trends in the legal issues and needs of those with HIV-related legal issues in New South Wales, Australia since 1992. At present, approximately 40% of all PLHIV living in NSW receive a legal service from HALC during the most recent five-year period. Clients received legal services relating to immigration law at a greatly increased rate (2010: 36%; 2019: 53%), discrimination matters decreased (2010: 17%; 2019: 5.9%), wills and estates remained steady (2010: 9%; 2019: 8.3%). Most clients identify as male (76.9%), homosexual (55%) and are aged between 35 and 49 years of age (34.6%). This demographic profile of clients changed over time, becoming younger and more likely to have been born overseas, and increasingly identifying as heterosexual.

Can drug policies modify cannabis use starting choice? Insights from criminalisation in Italy.

A key question in the ongoing drug policy debate is whether legalising cannabis leads to an increase in cannabis use. In Europe although no country has yet moved to legalisation, many have decriminalised personal possession. However, some jurisdictions are still discussing increased sanctions or have further strengthened penalties for the possession of illicit substances in order to deter widespread cannabis use. This is the case in Italy, where a law introduced in 2006 and repealed in 2014 de facto criminalised personal drug possession, and a potential increase in penalties is currently being debated as a policy option. Despite the intense public debate surrounding the legal status of cannabis, limited empirical research has been conducted in Europe to assess the population-level effects of drug policy reforms, mainly due to data availability constraints. In this study, we analyse the effect of criminalisation on the age of onset of cannabis use using an unique dataset that combines seven waves (2001-2017) of the nationally representative Italian Population Survey on Alcohol and other Drugs with relevant socio-economic data. The final dataset comprises 77,650 observations. Leveraging the rare opportunity to examine the effects of a policy that remained in force for a limited period, our empirical investigation employs a Complementary Log-Log model to analyse the starting rate, that is, the transition rate from non-use to use. To do so, we use self-reported data on the age of first cannabis use. Our results suggest that the implementation of stricter punishments has a significant effect in reducing the likelihood of early cannabis use initiation. The observed impact of criminalisation is limited in younger ages and diminished as adulthood approaches. This paper also discusses other considerations related to the social costs of criminalisation, which should also be taken into account in the ongoing policy debate.

The Pains and Gains of COVID-19 - Challenges to Child First Justice in the Pandemic.

The global COVID-19 pandemic has particularly affected justice-involved children. Youth justice policy changes and innovations have assisted communication and engagement with these vulnerable children during unprecedented times, while attempting to limit risks of contagion and criminalisation - all central tenets of the 'Child First' guiding principle for the Youth Justice System of England and Wales. While some changes have enhanced the experiences of some justice-involved children (gains), others have disproportionately disadvantaged justice-involved children in court, community and custody contexts (pains), increasing criminalisation, disengagement and anxiety. These pains of COVID-19 have effectively eroded the rights of this already-vulnerable group of children.

Challenges for drug checking services in Scotland: a qualitative exploration of police perceptions.

BACKGROUND: The impact of policing practices on the engagement of people who use drugs (PWUD) with harm reduction services is well evidenced. Although the police have traditionally taken an enforcement role in responding to drug use, it is increasingly clear that they can play an important part in multiagency delivery of harm reduction interventions. Despite this, there have been no studies exploring police officer perceptions of drug checking services (DCS), which provide analytical testing of client drug samples alongside harm reduction support and advice. METHODS: Semi-structured interviews were conducted with 10 police officers to explore the policing and legal challenges which could be encountered in the delivery of DCS in Scotland. RESULTS: Participants expressed general support for DCS and described this support as part of a wider organisational shift towards public health-oriented policing. Participants also discussed different potential approaches to the policing of areas surrounding DCS including: formal limits on police presence around the service and/or stop and search powers in relation to personal possession; the effective decriminalisation of personal possession within a specified boundary around the service; and informal agreements between local divisions and DCS outlining expected policing practices. Any formal limitation on the capacity of police officers to respond to community concerns was viewed as problematic and as having the potential to erode public confidence in policing. Participants also highlighted the potential for frontline officers to utilise discretion in ways which could undermine public health goals. Legislative change, or national strategic guidance from relevant stakeholders, was seen as a means of providing 'cover', enabling local divisions to support the operation of drug checking. CONCLUSIONS: Despite a small sample of participants, this study summarises key challenges to be addressed in the implementation and operation of DCS in Scotland, and more widely. The paper concludes with suggested opportunities to develop approaches to policing that can facilitate rather than impede implementation and operation of these services.

Medicalising the menace? The symbiotic convergence of medicine and law enforcement in the medicalisation of marijuana in Minnesota.

The medicalisation of marijuana has occurred rapidly, albeit nonuniformly, across the US and around the world over the past 3 decades. This paper centres on the medicalisation of marijuana in Minnesota-which has one of the most restrictive programs in the country-as a case for evaluating the negotiation of institutional boundaries with the shift from criminalisation to medicalisation after nearly a century of criminal prohibition. Drawing upon Foucauldian discourse analyses of the medical and law enforcement associations' position statements and legislative hearings that shaped medical marijuana policy in Minnesota, this paper demonstrates a symbiotic convergence between medicine and law enforcement through the deployment of shared discursive strategies in their opposition to medical marijuana that reinforce marijuana's criminalised status by solidifying the boundaries between proper medicine and dangerous drugs. Criminal justice and medical institutions draw upon one another's definitions, logics, and practices in a mutually constitutive manner, while still maintaining distinct user subjects and institutional interventions for each based on the user's access to state-approved forms of marijuana. The consequences for the governing of marijuana in Minnesota are explored, as well as the broader implications for the sociological study of medicalisation and criminalisation with respect to the governance of drugs and health.

How the war on drugs impacts social determinants of health beyond the criminal legal system.

There is a growing recognition in the fields of public health and medicine that social determinants of health (SDOH) play a key role in driving health inequities and disparities among various groups, such that a focus upon individual-level medical interventions will have limited effects without the consideration of the macro-level factors that dictate how effectively individuals can manage their health. While the health impacts of mass incarceration have been explored, less attention has been paid to how the "war on drugs" in the United States exacerbates many of the factors that negatively impact health and wellbeing, disproportionately impacting low-income communities and people of colour who already experience structural challenges including discrimination, disinvestment, and racism. The U.S. war on drugs has subjected millions to criminalisation, incarceration, and lifelong criminal records, disrupting or altogether eliminating their access to adequate resources and supports to live healthy lives. This paper examines the ways that "drug war logic" has become embedded in key SDOH and systems, such as employment, education, housing, public benefits, family regulation (commonly referred to as the child welfare system), the drug treatment system, and the healthcare system. Rather than supporting the health and wellbeing of individuals, families, and communities, the U.S. drug war has exacerbated harm in these systems through practices such as drug testing, mandatory reporting, zero-tolerance policies, and coerced treatment. We argue that, because the drug war has become embedded in these systems, medical practitioners can play a significant role in promoting individual and community health by reducing the impact of criminalisation upon healthcare service provision and by becoming engaged in policy reform efforts. KEY MESSAGESA drug war logic that prioritises and justifies drug prohibition, criminalisation, and punishment has fuelled the expansion of drug surveillance and control mechanisms in numerous facets of everyday life in the United States negatively impacting key social determinants of health, including housing, education, income, and employment.The U.S. drug war's frontline enforcers are no longer police alone but now include physicians, nurses, teachers, neighbours, social workers, employers, landlords, and others.Physicians and healthcare providers can play a significant role in promoting individual and community health by reducing the impact of criminalisation upon healthcare service provision and engaging in policy reform.

Reimagining young people's rights in South Asia: Learnings from #FlawsInLaws.

While the criminal justice system is an essential pillar in ensuring human rights for young people, especially their sexual and reproductive health and rights (SRHR), laws and regulations are often overused or misused regarding rights related to gender and sexuality. Sometimes this is explicit, but other times it works in less overt ways to undermine young people's rights. Therefore, in 2019, CREA joined with seven partners in South Asia to launch a campaign focusing on the impact of criminalisation of young people's sexuality - rethink young people's freedoms, reimagine their rights, and help them to realise their futures. Legal and policy advocacy has often promoted reform in a way that empowers the state to legislate on aspects of sexuality, including sexual identity, conduct, expression and reproduction - sometimes expanding rights protections, but sometimes putting rights at risk. Through the campaign, the partners sought to highlight the disconnected law and policy structures about young people and their sexuality (including criminalisation, lack of comprehensive sexuality education and lacune in SRHR services), envisioning arights-affirming environment for young people and the communities that support them. We contestedthe tendency to advocate for rights' recognition through distinct, issue-based initiatives rather than a holistic, intersectional approach.

Criminalising Hate Crime and Hate Speech at EU Level: Extending the List of Eurocrimes Under Article 83(1) TFEU.

In September 2020, President von der Leyen announced the Commission's intention to propose to extend the list of EU crimes or Eurocrimes to all forms of hate crime and hate speech, as later reflected in the Commission Work Programme 2021. The article first examines the need for such action at EU level, highlighting also certain shortcomings with existing regulation of hate crime and hate speech across the EU. Next, it raises a few additional challenges, relating to the regulation of the freedom of expression in view of the historical experience in some EU countries, the criminal offence element of public order violation or endangerment, and the harm-offence distinction. It then inspects whether specific conditions for EU action under Article 83(1) TFEU can be satisfied by the proposed area(s) of crime, not only from the perspective of a textual legal analysis but also drawing where appropriate on relevant empirical data. While acknowledging the somewhat controversial topic of regulation in the already sensitive field of EU criminal law as well as certain clear political hurdles linked with the procedural aspects of enlarging the EU crimes' list, it is submitted that the mentioned crimes and their regulation raise legitimate concerns that warrant the proposed legislative action at EU level.

Perception of the criminality of attempted suicide in Nepal and its impact on suicide reporting.

In 2018-2019, according to the official statistics, 5754 people died as a result of suicide in Nepal. This is a high number for a country with a population of 29 million people. Experts believe that the actual rate is considerably higher and that many suicides are not reported. This underreporting of suicide is frequently blamed on the stigma and the criminality of attempted suicide. Yet, there has never been a criminal liability for attempted suicide in Nepal. This article discusses the reasons for the perception of the criminality of attempted suicide in the country, its consequences, and the ways of addressing them. We found that the involvement of the police at the initial stages of suicide investigation confirms public perceptions that attempted suicide is a punishable offense and this may reinforce the stigma of suicide. Recent criminalization of the abetment of suicide has contributed to this perception as the public may not be clear about the distinction between abetment of suicide and attempted suicide. Criminalization of suicide not in the laws but in minds discourages reporting and help-seeking behaviour and victimizes people who need support and services. We argue that decriminalization is more than removing the outdated legal clauses from the legal statutes, but also public awareness raising about the reasons for police investigation of suspicious deaths, sensitivity training, and education of government officials, policymakers, and police about suicide and its prevention. These are needed to dispel the myth of criminalization of attempted suicide in Nepal. Our findings could be of wider interest to scholars working on reducing the stigma of suicide and decriminalization of suicide attempts.

Ad Hominem Criminalisation and the Rule of Law: The Egalitarian Case against Knife Crime Prevention Orders.

This article advances a novel account of ad hominem criminalisation that draws upon a distinct theory of the Rule of Law and its egalitarian foundations. Employing the recent and controversial example of Knife Crime Prevention Orders, as established by the Offensive Weapons Act 2019, it argues that the concept of civic equality is central to understanding the vice of ad hominem criminalisation as an aberrant form of government by law. This vice consists in the manner that such criminalisation individualises, differentiates and instrumentalises the regulatory subject, placing them outwith the bounds of civic equality as established by the Rule of Law.

Meaningful crime prevention or just an 'Act':Discourse Analysis of the criminalisation of contract cheating services in Australia.

Contract cheating remains a significant problem for universities and higher education (HE) generally, both within Australia and internationally. In 2020, the Australian Federal Government passed legislation establishing a new criminal offence, criminalising the provision or advertisement of academic cheating services by individuals and businesses. This legislation represents the Australian Government's formal commitment to a criminal justice response to address the problem of contract cheating behaviour, which seeks to prevent and minimise the use and/or promotion of such cheating services within the higher education sector. This paper provides a political discourse analysis (PDA) and interpretive policy analysis (IPA) of Australian Parliamentary Hansard documents regarding debate of the Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Bill 2019. Our findings suggest a discord between the putative purpose of this legislation and the way the contract cheating problem has been represented in Australian Parliament. We argue that debates regarding the solution to, or at least how to address contract cheating first need to understand and agree on the problem if they are to meaningfully prevent crime. Our analysis exposes the politicisation of the higher education sector and associated discourse, where concern about contract cheating, in this case, was used as a vehicle to further rationalise ongoing Government paternalism and interference in tertiary institutions, underscoring the need for critical evaluation of criminological interventions.

HIV stigma in UK press reporting of a case of intentional HIV transmission.

The UK has set itself the ambitious target of zero new HIV transmissions by 2030. HIV stigma is a significant barrier to achieving this target. Media reporting plays an important role in shaping social representations of HIV and of stigma. Between 2016 and 2018, the media in the UK reported on the Daryll Rowe case - the first criminal prosecution for intentional transmission of HIV in the UK. This article examines the way that UK newspapers reported this case, which may have exacerbated HIV stigma. Using Nexis, 178 UK newspaper articles were extracted and subjected to qualitative thematic analysis through a social constructionist lens. Informed by social representations theory, the analysis yielded three discursive themes: (1) Representing the perpetrator through HIV-focussed metaphors; (2) Constructing volitional ambiguity; and (3) Anchoring the lived experience of HIV to misery and death. UK newspapers constructed an 'evil vs victimhood' dichotomy in relation to Rowe and the men infected with HIV, respectively. This article argues that news coverage of the Rowe story constructs HIV in ways that are inconsistent with public health messaging. Reporting failed to note innovations in HIV treatment and prevention but instead disseminated stigmatising social representations of HIV. This is important because stigma impedes effective HIV prevention, engagement with HIV care and ultimately our ability to achieve the zero-infections target.

Anxiety about HIV criminalisation among people living with HIV in Australia.

Many countries, including Australia, have laws that enable criminal prosecution of an individual based on reckless or intentional transmission of HIV to another person. Previous research has suggested that criminalisation of HIV may serve to hamper public health efforts by inhibiting HIV status disclosure or testing. Limited research to date has sought to examine the broader impact of criminalisation on the health and wellbeing of people living with HIV, which this paper aims to address. Drawing on cross-sectional data from 895 people living with HIV in Australia, this paper describes associations between standard measures of mental health and resilience with a newly devised scale measuring anxiety about HIV criminalisation. Findings suggest that laws criminalising HIV transmission have a broadly negative impact on wellbeing of people living with HIV, a situation that is exacerbated for gay and bisexual men, and other people living with HIV who may face intersecting forms of marginalisation based on race, gender or class. There is little justification for these laws being applied in Australia and the findings add weight to advocacy seeking to overturn criminalisation across the world.

'Sea of blood': the intended and unintended effects of criminalising humanitarian volunteers assisting migrants in distress at sea.

This paper investigates the impact of the recent criminalisation of humanitarian actors engaged in the search for and rescue of migrants in distress in the Mediterranean Sea, focusing on the impact on the motivation and engagement of humanitarian volunteers in Greece. It argues that criminalisation is aimed at reducing search and rescue (SAR) activities and thus removing perceived 'pull factors' for migrants. The paper locates this phenomenon within the broader trend of policing and punishing those who assist migrants in order to deter them and prevent others from engaging in such endeavours. It finds that efforts to criminalise can have the unintended effects of encouraging and mobilising volunteers, as well as generating public attention and support for migrants. However, the negative consequences of criminalisation are far-reaching, including contributing to a high mortality rate among those crossing the Mediterranean without SAR capabilities and the heightened risk of violence against migrants and those who help them.

How Sex Workers Understand Their Experiences of Working in the Republic of Ireland.

Introduction: This study seeks to explore the ways in which sex workers understand their experiences of working under sex work legislation in the Republic of Ireland, including laws that criminalise the purchase of sexual services. Participants reflected on their experiences of working in Ireland both and after the passing of [the] Criminal Law (Sexual Offences) Act 2017. In 2017, the Republic of Ireland criminalised the purchase of sexual services and increased fines and sentences for brothel keeping. Method: In 2020, semi-structured interviews lasting 60 to 90 min were conducted with 6 sex workers from diverse backgrounds, ages 24-44, actively working in Ireland since 2017. Interviews were recorded and transcribed verbatim. Transcriptions were used to conduct an interpretative phenomenological analysis. Results: Seven themes arose from the data: psychological wellbeing, relationships with law enforcement, relationships with friends and family, the effects of client criminalisation laws on clients, benefits of sex work community, stress related to precarious accommodation and experiences of both discrimination and perceived discrimination. Conclusion: Changes to sex work legislation appear to have failed in their mission to improve life for sex workers in Ireland. Other options such as decriminalisation should be considered.

Nationality-Based Criminalisation of South-South Migration: the Experience of Venezuelan Forced Migrants in Peru.

This article examines how Venezuelan forced migrants in Peru experience xenophobic discrimination, which has become increasingly linked to their criminalisation as thieves and murderers. Based on 12 months of qualitative fieldwork, including 72 in-depth interviews, five focus groups, and a survey (N116) in five Peruvian cities, we explore how Venezuelans experience, and make sense of, discrimination and criminalisation in everyday life. First, we discuss how criminalisation compares to general xenophobic discrimination, and other types of discrimination experiences. Second, we juxtapose the prevalence of xenophobic discrimination and criminalisation experiences across the five cities of our study, and between public spaces and the workspace. We then move to the qualitative discussion of the criminalisation experience in these different spaces. Fourth, we discuss how Venezuelan migrants perceive this criminalising discrimination as linked to their villanisation in the media and political discourses. Finally, we discuss our findings and make suggestion for further research. The paper contributes to the literature on migrant criminalisation by exploring how criminalisation processes play out in the context of large-scale intraregional forced displacement in the global South.

Women's experiences of marital rape and sexual violence within marriage in India: evidence from service records.

Sexual violence within marriage is common and manifests in various forms, including marital rape. It has serious physical and mental health consequences and is a violation of women's sexual and reproductive health rights. Marital rape, reproductive coercion, inserting objects in the vagina or anus, and withholding sexual pleasure are forms of violence routinely experienced by women. Based on service records of survivors coming to public hospitals in an Indian city, this paper presents their pathways to disclosure and institutional responses such as hospitals and police. The findings highlight that a large proportion of survivors of domestic violence confide having experienced forced sexual intercourse by the husband while sharing their experience of physical, economic, and emotional violence with crisis intervention counsellors. However, a small number of women do report marital rape to formal systems like hospitals and police. These systems respond inadequately to women reporting marital rape, as the rape law exempts rape by husband. Sexual violence within marriage can have serious health consequences, and a sensitive healthcare provider can create an enabling environment for disclosing abuse and providing relevant care and support. The paper argues that a necessary precondition to enable women to access health care and justice is to nullify "Exception 2 to Section 375 of the Indian Penal Code" This exception exempts rape by the husband from the purview of the rape law.