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Title: Criminal liability for sexual transmission of/exposure to human immunodeficiency virus (HIV) under United Arab Emirates (UAE) law : a critical analysis
Author: Al-Bana, Faisal H. A.
Awarding Body: Lancaster University
Current Institution: Lancaster University
Date of Award: 2012
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The emergence of Human Immunodeficiency Virus (HIV) as a serious health concern has prompted an e».1ensive debate in many countries, such as the United States of America (USA), over people's criminal liability for exposing others to HIV. However, in the United Arab Emirates (UAE) the issue of the criminalisation of HIV transmission/exposure has not been sufficiently considered. This thesis aims to determine how the criminal law in the UAE should deal with HIV exposure. The thesis argues that criminal law has a role in the context of exposing others to HIV. However, although the consideration of the arguments of opponents of criminalisation in this thesis shows that such arguments do not justify abandoning criminal liability, it reveals that some of these arguments raise valid concerns that need to be taken into account in order to avoid the law being unfair to infected people or counterproductive. This research attempts to determine the appropriate scope of imposing criminal liability so as to avoid the law being unfair or counterproductive. The research argues that imposition of criminal liability for sexually exposing an unsuspecting partner to HIV should neither be contingent on actual transmission, nor on the exposure occurring during high risk sexual activities. The research also argues that an HIV positive test result should not be required on the part of the defendant for being criminally liable for exposing others.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available