U.S.: Clinton Promises She’ll Reform HIV Criminalization Laws in her opening presentation at 2nd HIV is Not a Crime conference

Tonight, speaking via a pre-recorded video to attendees of the HIV is Not a Crime Training Academy, Hilary Clinton says if she wins the Presidential election, she will work to reform outdated, stigmatizing HIV criminalization laws. Clinton thanked attendees for their work, saying that efforts like HIV is Not a Crime “lift us all up.”

Saying we have “come a long way” since the early days of the AIDS epidemic, Clinton acknowledged, “We still have long way to go.” She spoke about how HIV disproportionately impacts “communities of color, transgender people, gay and bisexual men and young people, around the world.”

Prior to Clinton’s speech, attendees had the pleasure of hearing from Kerry Thomas, talking via phone from an Idaho correctional center, where he’s serving a 30-year sentence. Thomas said he carries a photo with him from the first HIV is Not a Crime conference, held two years ago. Positive and thankful, Thomas nevertheless affirmed that the state court has dismissed his case, but promised “we’re appealing down the road.” Thomas shared his appreciation for outside support and thanked prison officials for allowing him to participate in events like this and serve on the Sero Project Board.

Bryan Jones (who, like Thomas was featured in our special on HIV in prison) described being open about his HIV status in prison as “somewhat suicidal,” and asked if things were different for Thomas.

Thomas replied that it hadn’t always been easy, but he’d recently become more vocal about his status, because, “At some point, someone has to say ‘That’s enough!’ and take on these things.”

Naina Khanna, Positive Women’s Network’s executive director, follwed Thomas, remarking how important his involvement was because, “We should be taking leadership from the people most impacted by these laws.”

PWN sponsored a post-welcome documentary screening of Consent, in which eight women examine the problems inherent in using sexual assault law to prosecute alleged non-disclosure. Khanna’s seemed to hint at that topic when she noted,

“Some of these laws have been put on the books to protect women” She added that sometimes, “women have been complicit in criminalization,” which is one reason the Positive Women’s Network is determined to be involved in HIV-decriminalization.

Khanna then spoke passionately about America being “a country built on back of people brought here forcibly,” arguing, “Our economy is based on people being policed and criminalized,” and that people with HIV weren’t the only targets: but also trans folks, immigrants, people of color and other marginalized groups.

Following Clinton’s televised speech, a panel formed on stage consisting of people who have been prosecuted and parents of several men currently imprisoned under HIV criminalization laws.

The most compelling was a young black man from Oklahoma who told of being arrested and charged with a felony for allegedly sneezing on someone.  When placed into custody, he claims the police put a bag over his head, and — allegedly because he responded, “What the fuck?” — he was charged with disorderly conduct.

Most of his charges have since been dropped, but he goes to court July 1st on the disorderly charge. Since being arrested, he said he has received death threats and has had to move several times. He told the audience that he had gone jogging for the first time in years without being worried he might be harassed.

His voice breaking, he added, “I appreciate you not looking at me like I’m dirty.”

Originally published in hivplusmag.com

Hillary Clinton’s full message to HINAC2 on ending HIV criminalization (2016)

A video recorded by presidential candidate Hillary Clinton specifically for the HIV is Not a Crime II – Training Academy.

HIV JUSTICE WORLDWIDE partners, SERO Project and PWN-USA, bring together advocates from U.S. & 4 countries to 2nd National HIV Is Not a Crime Training Academy at University of Alabama-Huntsville

Advocates from 34 states & 4 other countries convene at University of Alabama-Huntsville to strategize Addressing Discriminatory HIV Laws at 2nd National HIV Is Not a Crime Training Academy.

Even as a bill repealing Colorado’s HIV criminalization laws awaits the governor’s pen, much work remains to be done to bring laws up to date with current science in at least 33 states.

Eleven states have laws on the books that can send people living with HIV to prison for behaviors (such as biting and spitting) that carry virtually no risk of transmitting HIV. Forty-four states have prosecuted people living with HIV for perceived exposure or transmission; most states permit prosecution even when no transmission has occurred, and actual risk is negligible.

In Texas, a man living with HIV is currently serving a 35-year sentence for spitting. In Idaho, Kerry Thomas is serving 30 years for allegedly not disclosing his HIV status to a partner – despite the fact that he took measures to prevent transmission, including using a condom and taking medications to maintain an undetectable viral load. Kerry Thomas’ accuser never acquired HIV. Yet his appeal was recently denied, demonstrating that current science continues not to matter to the courts.

“These laws make disclosure harder. Because we so fear the punishment, we just keep things bottled up inside,” says Monique Howell-Moree, who was prosecuted under a US military non-disclosure law and would have faced 8-12 years if convicted. “I didn’t know the best way to disclose … Had I had the support and knowledge that I have now back then, I would most definitely have done things differently.”

In her HIV/AIDS platform and in a recent meeting with activists, U.S. presidential candidate Hillary Clinton called for “reform[ing] outdated and stigmatizing HIV criminalization laws.” Sen. Bernie Sanders’ campaign has said the candidate is also “absolutely opposed” to these laws, according to the Washington Blade. The confluence of outdated laws, unjust prosecutions and profound disparities is bringing advocates and activists from 34 states and 4 countries together for the second national convening dedicated exclusively to strategizing to fight back in the name of human rights and public health.

WHAT: HIV Is Not a Crime II National Training Academy

WHERE: University of Alabama, Huntsville

WHEN: May 17-20, 2016

The Training Academy is co-organized by SERO Project and Positive Women’s Network-USA, two national networks of people living with HIV. It comes on the heels of a major victory in Colorado, where through the dedicated efforts of a group known as the “CO Mod Squad” (“mod” refers to “modernization” of the law), led by Positive Women’s Network-USA (PWN-USA) Colorado, a bill was passed last week that updates laws to take account of current science and eliminates HIV criminalization language.

“With people living with HIV leading the way and our allies supporting us, we were able to do something many thought we couldn’t,” said Barb Cardell, co-chair of PWN-USA Colorado and one of the leaders of the successful efforts. “The law now focuses on proven methods of protecting public health — like education and counseling — while discarding the language of criminalization, which actually discourages testing, treatment and disclosure.”

“This law represents real progress for Coloradans, regardless of their HIV status,” she added. At the Training Academy this week, Cardell will share some highlights and lessons learned from the CO Mod Squad’s experience.

Keynote speakers at the Training Academy include Mary Fisher, who stunned the audience at the 1992 Republican National Convention with a speech about her experience as a woman living with HIV; Joel Goldman, longtime advocate and managing director of the Elizabeth Taylor AIDS Foundation; and Colorado state senator Pat Steadman, the senate sponsor of the bill just passed repealing HIV criminalization in his state. Session topics will explore best practices for changing policy, and will consider the intersections of HIV criminalization with issues ranging from institutional racism to transphobia, criminalization of sex work, mental illness and substance use, and overpolicing of marginalized communities.

“The goals of the Training Academy go beyond giving advocates the tools and know-how they need to change policy, to deepening our collective understanding of the impact of these laws and why they are enforced the way they are,” said Naina Khanna, executive director of PWN-USA. “We hope participants will leave better prepared to effect change by thinking differently, forging new partnerships and ensuring communities most heavily impacted by criminalization are in leadership in this movement.”

At SADC-PF parliamentarians meeting in South Africa, Patrick Eba of UNAIDS says HIV criminalization is a setback to regional AIDS efforts

The criminalisation of HIV simply undermines the remarkable global scientific advances and proven public health strategies that could open the path to vanquishing AIDS by 2030, Patrick Eba from the human rights and law division of UNAIDS told SADC-PF parliamentarians meeting in South Africa.

Restating a remark made by Justice Edwin Cameron of the Constitutional Court of South Africa, Eba said: “HIV criminalisation makes it more difficult for those at risk of HIV to access testing and prevention. There is simply no evidence that it works. It undermines the remarkable scientific advances and proven public health strategies that open the path to vanquishing AIDS by 2030.”

SADC-PF has undertaken, as part of its commitment to advocacy for sexual reproductive health rights, an ambitious 90-90-90 initiative in east and southern Africa, with the help of the media, to ensure that all people living with HIV should know their status by 2020; that by 2020 90 percent of all people diagonised with HIV will receive sustained antiretroviral therapy; and that by 2020 90 percent of all people living with HIV and receiving antiretroviral therapy will have viral suppression.

He implored parliamentarians from SADC-PF member states to advocate for laws that would decriminalise HIV after he noted several African countries had HIV-specific criminal laws that resulted in arrests and prosecutions of those convicted of spreading HIV intentionally.

Eba said calls for the criminalisation of intentional or wilful spreading of HIV stem from the fact there are high rates of rape and sexual violence, and most notably in post-conflict countries such as the DRC there exist promises of retribution, incapacitation, deterrence and rehabilitation.

He gave an example of one case of miscarriage of justice involving a woman in Gabon who was wrongfully arrested after a man accused her of having infected him with HIV, but after spending several months in detention she was actually found to be HIV-negative after she went for testing.

Eba appealed to SADC-PF parliamentarians to consider decriminalisation of HIV on the basis that antiretroviral treatment (ART) has a 96 percent rate in reducing the risk of HIV transmission.

“End criminalisation to end AIDS,” he implored SADC-PF parliamentarians who included Agnes Limbo of the RDP, Ida Hoffmann of Swapo and Ignatius Shixwameni of APP, all delegated by Namibia to the conference.

Eba also referred to the motion unanimously adopted in November 2015 that was moved by Duma Boko of Botswana and that was seconded by Ahmed Shaik Imam of South Africa who reaffirmed SADC member states’ obligation to respect, fulfil and promote human rights in all endevours undertaken for the prevention and treatment of HIV.

That motion had also called on SADC member states to consider rescinding and reviewing punitive laws specific to the prosecution of HIV transmission, exposure and non-disclosure. It also reiterated the role by parliamentarians to enact laws that support evidence-based HIV prevention and treatment interventions that conform with regional and international human rights frameworks.

Eba said since HIV infection is now a chronic treatable health condition, no charges of “murder” or “manslaughter” should arise and that HIV non-disclosure and exposure should not be criminalised in the absence of transmission, and that significant risk of transmission should be based on best available scientific and medical evidence.

On the other hand, he said, there is no significant risk in cases of consistent condom use practice or other forms of safer sex and effective HIV treatment.

The SADC-PF joint sessions also addressed the issues of criminalisation of termination of pregnancy. The joint sessions ended on Thursday with a raft of recommendations for the ministerial meetings.

Originally published in New Era.

US: Keynote speakers announced for the HIV Is Not a Crime II National Training Academy

May 6, 2016: In just a little over a week, theHIV Is Not a Crime II National Training Academy will convene at the University of Alabama in Huntsville. There is still time toregister to train alongside committed advocates building an intersectional movement to end HIV criminalization! The Training Academy will take place from May 17 – 20, 2016.

Positive Women’s Network – USA (PWN-USA) and the SERO Project — two networks of people living with HIV — have joined forces to organize the Training Academy. We are thrilled to announce three exciting keynote speakers at the event:

  • HIV community icon Mary Fisher, who spoke about her experiences living with HIV at the Republican National Convention (RNC), back in 1992;
  • Longtime advocate Joel Goldman of the Elizabeth Taylor AIDS Foundation; and
  • Colorado State Senator Pat Steadman, who in March introduced a bill into the state senate that would effectively repeal or significantly amend the three HIV-specific criminal codes, remove sentence enhancements for knowledge of HIV status, and modernize STI statutes to include HIV.

See below for biographical information for our speakers, in addition to highlights from the event’s dynamic program!

The Training Academy will convene in the Deep South — the region most heavily affected by not only HIV, but many other symptoms of a history steeped in injustice and trauma.

Plenary session topics include:

  • What’s Working? Where Are We Struggling? Focus on State Strategies: Successes & Challenges
  • AntiBlackness & HIV Criminalization: Grounding Ourselves in Racial Justice 

Breakout workshop titles include:

  • Activists, Advocates and Lawyers: Collaborating to a Common Goal
  • Joining Forces: Mobilizing Feminists to Challenge Unjust Prosecutions
  • Building Youth Capacity to Effect Policy Change Through an Intergenerational Model

Evening events include:

  • Consent: HIV Non­Disclosure and Sexual Assault Law, Last Men Standing, and more (film screenings)
  • Advocacy, Action and Community Building Through Art
  • TIME IS NOT A LINE: (re)Considering our HIV Herstory for Collective Freedom

View the full program of exciting, thought-provoking, movement-building sessions here.

HIV is a human rights issue; criminalization of people living with HIV is a social justice issue. The Training Academy will unite and train advocates living with HIV and allies from across the country on strategies and best practices for repealing laws criminalizing people living with and vulnerable to HIV. The Training Academy will also center the voices of survivors of HIV-related criminal cases and prosecutions.

Come to Huntsville and learn strategies from advocates opposing these unjust laws!   

Originally published in PWN-USA website

US: Teleconference on HIV Criminal Laws on Thursday – May 5, 2016 from 10:30 to 11:30 a.m. ET

CHLP, The American Bar Association AIDS Coordinating Committee and the National Association of Criminal Defense Lawyers present a teleconference on HIV Criminal Laws on Thursday, May 5 from 10:30 to 11:30 am ET on HIV Criminal Law for criminal defense lawyers, service providers in the legal, medical and social work communities and people living with HIV.

Sponsoring organizations: The ABA AIDS Coordinating Committee, The Center for HIV Law and Policy, and The National Association of Criminal Defense Lawyers.

Audience: Criminal defense lawyers, service providers in the legal, medical and social work communities and people living with HIV

Format:  Interactive–speaker presentations followed by audience Q and A

Date and Time:  May 5, 2016 from 10:30 to 11:30 a.m. ET

How to Participate: There is NO COST to participate. The morning of the event simply dial the Conference Call number 1 (877) 317-0419 and enter Access Code 2244415. To be sent the documents that will be referenced during the Teleconference please send your e-mail address toidominguez@nacdl.org or anichol@hivlawandpolicy.org

Summary:  Thirty-four U.S. states and territories have criminal statutes that allow prosecutions for allegations of non-disclosure, exposure and (although not required) transmission of the HIV virus. Prosecutions have occurred in at least 39 states under HIV-specific criminal laws or general criminal laws. Most of these laws treat HIV exposure as a felony, and people convicted under these laws are serving sentences as long as 30 years or more. Learn from experts about these laws and how to defend against them.

Opening Remarks:  Norman L. Reimer, Executive Director of the National Association of Criminal Defense Lawyers (NACDL).

Moderator: Richard A. Wilson, Chair ABA AIDS Coordinating Committee.

Presentation One: Department of Justice Civil Rights Division’s Guide to Reform HIV-Specific Criminal Laws to Align with Scientifically-Supported Factors by Allison Nichol, CHLP Co-Executive Director.

In May 2013 the United States Department of Justice, Civil Rights Division (CRD) issued guidance on how to reform HIV-specific criminal laws to bring them into alignment with current science, from actual routes and risks of transmission to the transformation of HIV treatment and prevention with the development of highly effective antiretroviral therapy (ART).

Presentation Two

Defending Against HIV State Law Prosecutions by Mayo Schreiber, CHLP Deputy Director.

Two recent cases in which CHLP participated, one in Missouri and one in Ohio, will be discussed, along with the HIV criminal statutes in those states. These cases and statutes are illustrative of the fundamental injustice of the statutes as drafted and the punishments provided for violating them. Defense trial and sentencing strategy will be analyzed, including identification of experts and supporting resources, and current thinking on legal challenges to these laws.

A Q&A Session Will Follow.

For more info, go to: http://www.hivlawandpolicy.org/fine-print-blog-news/when-sex-a-crime-and-spit-a-dangerous-weapon-a-teleconference-hiv-criminal-laws

US: The HIV is Not a Crime II Training Academy will take place May 17 – 20, in Huntsville, Alabama

HIV JUSTICE WORLDWIDE
Launch video

(6 min, HJN, UK, 2016)

In April 2016, thanks to generous funding for 2016-18 from the Robert Carr civil society Networks Fund, seven global, regional and national civil society organisations that have worked closely, but informally, together on HIV criminalisation for a number of years, announced a brand new initiative, HIV JUSTICE WORLDWIDE.

HIV JUSTICE WORLDWIDE will enhance and build on contributions its founding partners have previously made: monitoring, informing, connecting and engaging with People Living with HIV networks, civil society organisations and others who advocate against HIV criminalisation, and engaging policy-makers in pursuit of protecting against HIV criminalisation.

The initiative allows us to:

  • Avoid duplication by bringing together the many existing resources on this issue, sharing information and coordinating advocacy efforts.
  • Build broader consensus amongst People Living with HIV networks, civil society, policymakers, key scientists/clinicians, criminal justice actors and funders that ‘ending AIDS’ will not happen unless we put an end to HIV criminalisation.
  • Create new energy and action, ‘riding the wave’ of recent advocacy successes, pushing for commitment to change at the highest level.
  • Develop and strengthen much-needed civil society capacity to ensure continued advocacy against HIV criminalisation, and to sustain this capacity in order to further advocate against related punitive laws, policies and practices aimed at people living with HIV and which impede the HIV response.

US: Republican Senator highlights Florida’s “archaic” HIV-specific criminal law, advocates for law reform in 2017

Last Thursday, March 10th Senator Rene Garcia introduced an amendment in the Florida Senate to an amendment of a bill he was co-sponsoring (SB 314) to highlight the damage done to the HIV response by the state’s overly broad HIV criminalisation law.

Senator Garcia, a Republican, withdrew the amendment following his three minute intervention, but noted that he intends to work with the Senate in the next legislative session, 2017, in order to reform Florida’s overly broad HIV non-disclosure law.

In order words, the amendment was presented strategically in order to give the issue of HIV criminalisation some exposure to his colleagues.

Tami Haught of the Sero Project, who is working closely with colleagues in Florida to modernise the law, noted:

“We are delighted that Senator Garcia is taking leadership on this issue and look forward to an ongoing dialogue. Sero and our Florida partners will be soliciting comments and a legal review of what Senator Garcia has proposed as well as continuing to organize statewide to build support for change. We have a lot of work to do between now and next year’s legislative session.”

Watch Senator Garcia speak about why it is crucial to reform Florida’s HIV criminalisation law below.

Mexico: Human Rights Commission files motion before Supreme Court arguing Veracruz law criminalising 'wilful transmission' of HIV and STIs is unconstitutional

Because the amendment to Article 158 of the Criminal Code of Veracruz, called “contagion” criminalizes the transmission of sexually transmitted infections, and establishes a sentence ranging from 6 months to 5 years in prison and a fine of up to 50 days’ pay for those who “willfully” infecting another person sexually transmitted disease, a contravention of Article 1 of the Constitution of the United States Mexicans, at 24 of the American Convention on Human Rights and 26 of the International Covenant on Civil and Political Rights, the National Commission on Human Rights (CNDH) filed a motion before the Supreme Court of Justice of the Nation.

That article, which provides between these infections to HIV and human papillomavirus, he was published in the Official Journal of Veracruz on 1 December and, according to the CNDH, is discriminatory because it “generates    a    differentiation    unnecessary    and unjustified that becomes discriminatory. ”

This, because, argues the CNDH, the new content of the article “generates a discriminatory treatment in Subject to the people, and that criminalize putting willful in danger of disease transmission, generates two assumptions: that it is sexually transmitted infections and cases of serious disease. ”

According to the document, this situation leads to “different treatment for sexually transmitted infections with respect any other illness, by the than is rock specifically the condition health perpetrator when he suffers STDs, generating    so    a    distinction    legal    between    Who    suffer    a    disease acquired by sexually transmitted Y those with any other disease acquired through diverse. ”

In addition, it is emphasized that the amendment does not meet the objective of preventing argued transmission of STIs against women and girls, finding themselves in vulnerable situations, but caused a differentiation based on the condition of true kind from infections, in East case from sexually transmitted, and describe them as serious, a fact that is not real, because not all infections of this court are serious.

Thus, the declaration of unconstitutionality of the article is requested and all those rules than are related.

Thus, the CNDH responded to the request of the Multisectoral Group on HIV / AIDS and STIs of Veracruz and other civil society organizations, which have stated that “the international guidelines on HIV and Human Rights based on evidence scientific point to legislate and punish not prevent new infections or reduce women’s vulnerability and what we do accomplish is a negative impact on public health and human rights. ”

It is expected that in the coming weeks the Supreme Court of Justice of the Nation attracts unconstitutionality for discussion and analysis.