During the last decade the knowledge of the ways of infection and risks concerning HIV and aids has strongly changed, the basic knowledge about the successful strategies in prevention has changed as well. Simultaneously the life situation of many people who are concerned with HIV and aids has improved because of the successful application of antiretroviral medicaments. During the early 1990ies there was a controversy debate about the question of whether and how infection with HIV and AIDS should be pursued by criminal law. Untill now there is no consensus about this question in jurisprudence. In the same time the "Aidshilfe-Schweiz" is occupied with the question how knowledge of prevention has influence of the jurisprudence. The courts have to ask the question how they have to implement the knowledge about prevention. The "Aids-Hilfe Schweiz" reacted on this unclear legal situation with a position paper concerning the punish ability of HIV and aids. The practise of consulting shows that there are still a lot of questions so that it is necessary that the actual jurisdiction concerning criminal law with HIV and aids will be evaluated systematically scientifically. In this evaluation the actual medicinal knowledge and the knowledge of prevention have to be involved.
Research targets:
In this research project we have the following two main targets: Systematic evaluation of past practise in criminal law Reflection of the practice related targets and methods of health policy and health prevention. Reflection of the necessity and the effectiveness of the legal standards in criminal law and their interpretation for the targets of prevention on HIV and aids. Consequences on the practise of consultation de lege lata and consequences and the requirement of change on standards and their interpretation de lege ferenda
Methods:
Step 1: To gain this research targets the past practice in criminal law in Switzerland will be collected systematically and completely (Method: systematic evaluation of available judges, collection of not published judges by written short questionings).
Step 2: Afterwards the available judges will be evaluated under different perspectives.
Step 3: The criminal practice will be analysed in Canada and in selected states of Europe on a comparison base (methods: Legal analysis, literature search).
Step 4: In the this block the HIV/Aids criminal practice is reflected in three dimensions: The first focus is on the health preventively principles; the second focus is connected with the epidemic disease right and the health-political aims. The third focus is in the context of the practice of selected other states and the international discussion about public health. (Methods: literature search, legal hermeneutic analysis)
Step 5: In the last Part the results of the blocks 1-3 get compressed to a synthesis. Based on the results solutions get complied for the practice of consulting. Possible requirements of reforms get complied together with the partners in the practice and other organisations become discussed in workshops or become the results in writing made available.
