n Malawi Law Journal - The efficacy and limits of criminal punishment as a means of preventing the spread of HIV / AIDS in Malawi
|Article Title||The efficacy and limits of criminal punishment as a means of preventing the spread of HIV / AIDS in Malawi|
|© Publisher:||University of Cape Town|
|Journal||Malawi Law Journal|
|Author||Grace Tikambenji Malera|
|Publication Date||Jan 2007|
|Pages||48 - 61|
This article examines whether criminal punishment can be used for preventing the spread of HIV / AIDS and whether a special criminal law statute is necessary in this regard. While answering these questions in the negative, it argues that efforts aimed at curbing the spread of HIV / AIDS have a greater chance of success in a climate of openness and education than in one of prohibition and punishment. The limits of criminal law as a means of preventing HIV / AIDS transmission are thus explored and the case is made against the introduction of a special criminal law statute on HIV / AIDS in Malawi.
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