Canada: ‘HIV is not a crime’ documentary premieres in Montreal at Concordia University’s ‘The Movement to End HIV Criminalization’ event

Last week, Concordia Unversity in Montreal, Canada, held the world premiere public screening of HJN’s ‘HIV is not a crime training academy’ documentary, followed by three powerful and richly evocative presentations by activist and PhD candidate, Alex McClelland; HJN’s Research Fellow in HIV, Gender, and Justice, Laurel Sprague; and activist and Hofstra University Professor, Andrew Spieldenner.

The meeting, introduced by Liz Lacharpagne of COCQ-SIDA and by Martin French of Concordia University – who put the lecture series together – was extremely well-attended, and resulted in a well-written and researched article by student jounrnalist, Ocean DeRouchie, alongside a strong editorial from Concordia’s newspaper, The Link.

(The full text of both article and editorial are below.)

Presentations included:

  • Edwin Bernard, Global Co-ordinator, HIV Justice Network: ‘The Global Picture: Surveying the State of HIV Criminalisation’
  • Alex McClelland, Concordia University: ‘Criminal Charges for HIV Non-disclosure, Transmission and/or Exposure: Impacts on the Lives of People Living with HIV’
  • Laurel Sprague, Research Fellow in HIV, Gender, and Justice, HIV Justice Network: ‘Your Sentence is Not My Freedom: Feminism, HIV Criminalization and Systems of Stigma’
  • Andrew Spieldenner, Hofstra University: ‘The Cost of Acceptable Losses: Exploring Intersectionality, Meaningful Involvement of People with HIV, and HIV Criminalization’

Articles based on a number of these important presentations will be published on the HJN website in coming

weeks.

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The Movement to End HIV Criminalization

Decrying Criminalization

Concordia Lecture Series Prompts Discussion on HIV Non-disclosure

The sentiment surrounding HIV/AIDS is often one of discomfort. But the reluctance to speak openly about such a significant and impactful disease is hurting the people closest to it.

Under current Canadian legislation, HIV non-disclosure is criminalized. It exercises some of the most punitive aspects of our criminal justice system, explained Alexander McClelland, a writer and researcher currently working on a PhD at Concordia.

McClelland was one of four panelists speaking under Concordia’s Community Lecture Series on HIV/AIDS on Thursday, Sept. 15 in the Hall building. The collective puts on multiple panel-based events in order to address the attitudes, laws, and intersections of political and socioeconomic stigma surrounding HIV/AIDS.

Talking About HIV, Legally

There are three distinct charges that guide prosecutors in HIV cases—transmission (giving the disease to someone without having disclosed your status), exposure (e.g. spitting or biting) and non-disclosure (not informing a sexual partner about your HIV/AIDS status).

Aggravated sexual assault and attempted murder are some of the charges that defendants often face, explained Edwin Bernard, Global Coordinator for the HIV Justice Network, during the discussion.

While there are clearly defined situations in which you are legally obligated to tell a sex partner about your HIV status, there are no HIV-specific laws. This results in the application of general law in cases that are anything but general.

In 2012, the Supreme Court of Canada established that “people living with HIV must disclose their status before having sex that poses a ‘realistic possibility of HIV transmission.’”

Aidslaw.ca presents a clear map of situations in which you’d have to tell a sex partner about your status because, in fact, it is not in all scenarios that you’d be legally required to have the discussion.

A lot of it depends on your viral load—the amount of measurable virus in your bloodstream, usually taken in milliliters. A “low” to undetectable viral load is the goal, and is achieved with anti-viral medication.

Treatment serves to render HIV-positive individuals non-infectious, and therefore lowering the risk of transmission. A “high” viral load indicates increased amounts of HIV in the blood.

If protection is used and with a low viral load, one might not have to disclose their status at all.

That said, there is a legal obligation to disclose one’s HIV-positive status before any penetrative sex sans-condom, regardless of viral load. You’d also have to bring it up before having any sex with protection if you have a viral load higher than “low.”

But not all sex is spelled out so clearly.

Oral sex, for instance, is a grey area. Aidslaw.ca says, “oral sex is usually considered very low risk for HIV transmission.” They write that “despite some developments at lower level courts,” they cannot say for sure what does not require disclosure.

There are “no risk” activities. Smooching and touching one another are intimate activities that, as health professionals say, pose such a small risk of transmission that there “should be no legal duty to disclose an HIV-positive status.”

Moving Up, and Out of Hand

Court proceedings are based on how the jury and judge want to apply general laws to specific instances. There are a lot of factors that can influence the outcome.

The case-to-case outlook leads to the criminal justice system dealing with non-disclosure in such a disproportionate way, said McClelland.

The situation begs the question: “Why is society responding in such a punitive way?” asked McClelland.

This isn’t to say that not disclosing one’s HIV status “doesn’t require some potential form of intervention,” he explained, adding that intervention could incorporate counseling, mental-health support, encouragement around building self-esteem and learning how to deal and live with the virus in the world. “But in engaging with the very blunt instrument that is the criminal law is the wrong approach.”

He continued to explain that the reality of the criminalization of HIV ultimately doesn’t do anything to prevent HIV transmission.

“It’s just ruining people’s lives,” said McClelland, who has been interviewing Canadians who have been affected by criminal charges due to HIV-related situations. “It’s a very complex social situation that requires a nuanced approach to support people.”

“It’s just ruining people’s lives. It’s a very complex social situation that requires a nuanced approach to support people.” – Alexander McClelland, Concordia PhD student

Counting the Cases

The Community AIDS Treatment Information Exchange, a Canadian resource for information on HIV/AIDS, states that about 75,500 Canadians were living with the virus by the end of the 2014, according to the yearly national HIV estimates.

That number has gone up since. On Monday, Sept. 19, Saskatoon doctors called for a public health state of emergency due to overwhelmingly increasing cases of new infections and transmission, according to CBC.

In Quebec, there have been cases surrounding transmission and exposure. In 2013, Jacqueline Jacko, an HIV-positive woman, was sentenced to ten months in prison for spitting on a police officer—despite findings that confirm that the disease cannot be transmitted through saliva.

In this situation, Jacko had called for police assistance in removing an unwelcome person from her home. Aggression transpired between her and the officers, resulting in her arrest and eventually her spitting on them, according to Le Devoir.

“[This case] is so clearly based on AIDS-phobia, AIDS stigma and fear,” added McClelland, “and an example of how the police treat these situations and use HIV as a way to criminalize people.”

Police intervention is crucial in the fight against HIV criminalization. McClelland urged people to consider the consequences of involving the justice system in these kinds of situations.

“It’s important to understand that the current scientific reality for HIV is that it’s a chronic, manageable condition. When people take [antivirals] they are rendered non-infectious,” he said. “They should then understand that the fear is grounded in a kind of stigma and historical understanding of HIV that is no longer correct today.”

The first instinct, or notion of calling the police in an instance where one feels they may have been exposed to the virus in some way is “mostly grounded in fear and panic,” he said.

“[Police] respond in a really disproportionate, violent way towards people—so I would consider questioning, or at least thinking twice before calling the police,” McClelland explained.

On the other hand, he suggested approaching the situation in more conventional, educational and progressive methods.

“I think it could be talked through in different ways—by going to a counselor, talking to a close friend, engaging with a community organization, learning about HIV and what it means to have HIV, and understanding that the risk of HIV transmission are very low because of people being on [antivirals].”

As for the current state of Canadian legislation, there are a lot of complexities that hinder heavy-hitting changes to the laws.

Due to the Supreme Court’s rulings in 2012, they are unlikely to review the decision for another decade. For now, the main course of action is “on the ground,” said McClelland. From mitigating people from requesting police involvement in order to “slow down the cases,” to raising awareness through events such as Concordia’s Community Lecture Series, and engaging with the people to resolve issues in community-based ways and collective of care.

Then, McClelland said, “trying to do high-level political advocacy to get leaders to think about how they can change the current situation” would be the next step.

Editorial: Community-Based Research is the Key to HIV Destigmatization and Decriminalization

Receiving an HIV-positive diagnosis is already a life sentence. The state of Canada’s legal system threatens to give those living with the virus another one.

An HIV diagnosis is accompanied by its own set of complexities that are not encompassed in Canada’s criminal law. By pushing HIV non-disclosure cases into the same box as more easily defined assault cases, we are generalizing an issue that frankly cannot be simplified.

This does not reflect the reality that one faces when living with HIV. Criminalizing the virus further stigmatizes what should and could be everyday activities.

This puts the estimated 75,000 Canadians living with HIV at risk of being further isolated. This takes us backwards, considering the scientific progress that has been made to make living with the virus manageable. Under the proper antiviral medication, one’s risk of transmitting the disease is incredibly low. This stigma is rooted in an antiquated understanding of what HIV is and the associated risks—much of that fear having emerged primarily as a result of homophobia.

Further, with over 185 cases having been brought to court, Canada is leading in terms of criminalizing HIV non-disclosure. This pushes marginalized communities farther away. According to estimates from 2014, indigenous populations have a 2.7 higher incidence rate than the non-indigenous Canadian average. Gay men have an incidence rate that is 131 times higher than the rest of the male population in Canada.

As of Sept. 19, doctors in Saskatchewan are calling on the provincial government to declare a public health state of emergency, with a spike in HIV/AIDS cases around the province.

In 2010, it’s reported that indigenous people accounted for 73 per cent of all new cases in the province. Outreach and treatment for these communities are at the forefront of Saskatchewan’s doctor’s recommendations for the government.

With such a highly treatable virus, however, the problem should never have gone this far. It is an excerpt from a much bigger issue.

As we can see from the available statistics, HIV—both the virus and its criminalization—is a mirror for broader inequalities that exist within society. HIV related issues disproportionately affect racialized people, gender non-conforming people, and other marginalized groups.

Discussions around HIV also must include discussions around drug use. The heavy criminalization of injection drugs has created a context where users are driven deep underground, thus putting them at an incredibly high risk for contracting the virus. Treating drug use as a health rather than a criminal issue is an integral part of any effective HIV prevention strategy. Safe injection sites, such as Vancouver’s InSite, have made staggering differences in their communities and prove to be a positive way of combating the spread of HIV.

This is just one of the many ways that we can control the spread of HIV without judicial intervention, without turning the HIV-positive population into criminals.

Using community-based research enables us to not only understand the needs of the affected population—particularly when it comes to understanding the almost inherent intersectionality associated with the spread of HIV—but also allows us to better target our resources towards those who need it most.

Often times, that stretches to include those closest to HIV-positive individuals. Spreading awareness, and developing resources and a support network for them is just as important in fighting the stigmatization of the virus.

The Link stands for the immediate decriminalization of HIV non-disclosure, and the move towards restorative justice systems in non-disclosure cases. As always, those directly affected by an issue are the ones with who are best positioned to create a solution—something that the restorative justice framework embraces.

The disclosure of one’s HIV status is important. Jailing those who don’t disclose it, however, won’t make the virus go away. It simply isolates the problem, places it out of site and out of mind.

Criminalizing HIV patients is less about justice than it is about appeasing the baseless fears of the general population. It’s time for a more effective solution.

Canada: Global Fund Replenishment Conference puts the spotlight on Canada HIV criminalisation laws

Friday and Saturday, Montreal will play host to the Fifth Replenishment Conference of the Global Fund to Fight AIDS, Tuberculosis and Malaria. While much of the discussion will be focused on developing countries (the Global South), where the fund has played a crucial role since is creation in 2002, this is also an appropriate time to take stock of Canadian realities.

At a time when the global effort is suffering from precarious funding, Canada has stepped up to the plate by increasing its contribution by 20 per cent, to a total of $785 million over the next three years. This commitment is to be applauded. It proves that there is a willingness on the part of government to make Canada a leader once again on the international scene. It is also a promising reminder that increased donations will get us closer to beating these diseases once and for all.

But good leadership also puts the spotlight on Canada’s own responsibility to address human-rights issues that are impediments to the improvement of public health and fair access to health services.

In the HIV sector, we know that gender inequality, racism and homophobia are the breeding grounds for the epidemic. Poverty and discrimination are further barriers to access and care. As was recently pointed out by Canada’s Minister of International Development and La Francophonie, Marie-Claude Bibeau, HIV has a particularly heavy impact on young women.

In order to continue to play its part as an international leader, Canada has to make good on commitments to end these epidemics here at home. We have work to do in our own backyard in order to align the fight against HIV/AIDS with human-rights advocacy.

Canada in 2016 is a country that still imposes criminal penalties on people living with HIV: they still risk prison sentences for having sexual relations without disclosing their HIV status to their partners when they have taken the necessary precautions to avoid transmission (use of a condom or undetectable viral load), and when there has been no transmission. This increases stigma, goes against science and UNAIDS recommendations, and should not be the case in a country that otherwise is helping lead the way.

Leadership comes from inspiring the best public policy, especially when it is supported by scientific data. In this regard, Canada must go farther and support the opening of supervised-injection sites. Such harm-reduction approaches are proven to reduce rates of infection.

Furthermore, we must work to create social and legal frameworks that help sex workers, as recommended by such NGOs  as Amnesty International. It is crucial that we repeal Bill C-36, the so-called “Protection of Communities and Exploited Persons Act” that criminalizes sex work in Canada.

This major international event will also be an opportunity to highlight how these epidemics affect migrants. Mandatory testing by immigration authorities contradicts recommendations by Canadian health experts. Rejecting migrants on the basis of their HIV or health status continues to foster prejudice in this regard. Economic arguments for refusing them entry only serve to exacerbate such inequalities. It is high time to look at universal access to treatment and the real cost of its being denied to certain people.

The Global Fund Replenishment Conference is a fitting time to demonstrate Canada’s financial support for countries most affected by HIV, TB, and malaria. Canada’s commitment to international aid is a solid foundation for global action on these issues.

But now is also the time for us to lead by example in our own country. There is much work to be done before we can truly “End it. For Good.” We need concrete measures that show Canadians stand with and support HIV-positive people.

Gabriel Girard is a post-doctoral researcher in sociology at Université de Montréal. Pierre-Henri Minot is executive director of Portail VIH/sida du Québec in Montreal. This article is based on an open letter that has been co-signed by more than 150 others. The full list is available at pvsq.org/globalfunds2016.

Mexico: HIV Justice Worldwide supports Mexican organisations' constitutional challenge against law criminalising HIV transmission in the State of Veracruz

English translation (para la versión en español,  ver más abajo)

International organisations support the constitutional challenge against the law criminalizing HIV transmission in Veracruz

Before the amendment to Article 158 of the Criminal Code of Veracruz, entitled “Contagion”, which added the term Sexually Transmitted Diseases to the article, and was adopted on August 4, 2015 by the Congress of the State, the National Commission on Human Rights, in response to the request of the Multisectoral Group on HIV / AIDS and STIs of the State of Veracruz and other organisations of civil society, brought the constitutional challenge 139/2015 against the amendment to the Supreme Court of Justice of the Nation this past December.

This is because the legal reform indicates that among these infections, HIV and human papilloma virus are outlined and a penalty ranging from 6 months to 5 years in prison and a fine of up to 50 days salary is established for those “deceitfully” infecting another person of any sexually transmitted disease.

The reform presented by Deputy Monica Robles Barajas from the Ecologist Green Party of Mexico, was intended to “try to prevent the transmission of these infections, mainly to women and girls who are in a vulnerable position…”.

Unconstitutionality

For the CNDH, the new content of Article 158 of the Criminal Code of the State of Veracruz “generates a discriminatory treatment to the detriment of the people, and that criminalising the willful endangerment of disease transmission, generates two assumptions: that it concerns sexually transmitted infections and that it concerns serious diseases. “

In addition, he said the agency does not meet its objective of preventing the spread of sexually transmitted infections against women and girls, finding themselves in vulnerable situations, but that it create a differentiation based on the condition of certain types of infections, in this case of sexual transmission, and that it casts them as serious, a fact that is not real, because not all infections of this type are serious.

International support

A little after half a year after the appeal, organisations of international civil society such a HIV Justice Worlwide have delivered a letter to the Supreme Court of Justice of the Nation for the legal challenge to be considered as “there is no evidence that criminalising perceived or potential exposure to HIV or STI benefits prevention; however, there are serious concerns that criminalisation can cause considerable damage. “

The document submitted to the Court, reminds us that various international bodies such as UNAIDS, the Special Rapporteur on the right to health to the United Nations, the Global Commission on HIV and the Law and the World Health Organization, have recommended to governments to limit the use of criminal law to the extremely exceptional cases of intentional transmission of HIV (for example, when the person knows their own HIV positive status, acts with the intention to transmit HIV, and in fact transmit it).

The letter also notes that laws criminalizing HIV affect the rights of people with HIV because they cause confusion and fear about their duties under the law; they generate failures in the justice system, often as a result of inadequately informed and competent legal representation;  they risk triggering prosecutions as a means of abuse or retaliation against a current or former partner; Police investigations are disproportionate and insensitive and can cause stigma and discrimination, and they promote sentences and disproportionate penalties.

In addition, fear of prosecution may discourage people, especially those belonging to those populations highly vulnerable to HIV, to get tested and know their status, because many laws apply only to those who are aware of their HIV status and thus prevent access to care and treatment because medical records can be used in evidence against them in the courts.

Worrying situation

Patricia Ponce, researcher at the Center for Research and Studies on Social Anthropology and member of the Multisectoral Group on STI and HIV / AIDS of the State of Veracruz, stated that the situation in the state is worrying because it is the region with the third highest number of cumulative cases of AIDS throughout Mexico, the second in HIV cases, the second in the number of women living with the virus and the second in the number of children affected by HIV.

Meanwhile, Edwin J. Bernard, global coordinator of the HIV Justice Network Worldwide, said that the fight against the epidemic requires the eradication of stigma and discrimination, not to add further through the legal system.

For the specific case of Veracruz, he explained that “if you want to protect women and girls from HIV, what should be done is to strengthen and empower women”.

Sean Strub, CEO of the Sero Project of the United States, explained that the existence of laws that criminalize HIV transmission is a public health issue because sanction reduces the possibility of new diagnoses.

“The best way to combat the criminalization of HIV is that people with the virus raise their hands to eradicate the situation,” he added.

Alejandro Brito, director of the civil organization Letra S, warned that if this situation is allowed to pass, “this can become a domino effect and similar changes could be approved in other states.”

In this regard, Ricardo Hernandez Forcada, director of the Programme for HIV AIDS and Human Rights at CNDH said that practically in every state, and even in federal criminal codes, there is a penalty for the transmission of sexually transmitted infections, and it is known that in Baja California Sur people have been jailed under that criterion.

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Organizaciones internacionales respaldan acción de inconstitucionalidad contra la ley que criminaliza transmisión del VIH en Veracruz

Ante la modificación al artículo 158 del Código Penal de Veracruz, denominado “Del Contagio”, a fin de adicionar el término Infecciones de Transmisión Sexual, aprobada el 4 de agosto de 2015 por el congreso de la entidad, la Comisión Nacional de Derechos Humanos, en respuesta a la petición del Grupo Multisectorial en VIH/sida e ITS del estado de Veracruz y otras organizaciones de la sociedad civil, interpuso la acción de inconstitucionalidad 139/ 2015 en contra de la reforma en la Suprema Corte de Justicia de la Nación en diciembre pasado.

Eso, debido a que la reforma legal señala que entre dichas infecciones se contempla al VIH y al virus del papiloma humano y se establece una pena que va de los 6 meses a los 5 años de prisión y multa de hasta 50 días de salario para quien “dolosamente” infecte a otra persona de alguna enfermedad de transmisión sexual.

La reforma, presentada por la diputada Mónica Robles Barajas del Partido Verde Ecologista de México, tenía la finalidad de “tratar de prevenir la transmisión de dichas infecciones, principalmente a las mujeres y las niñas que se encuentren en condición de vulnerabilidad…”.

Acción de inconstitucionalidad

Para la CNDH, el nuevo contenido del artículo 158 del Código Penal del Estado de Veracruz “genera  un  trato discriminatorio  en  perjuicio de las personas, ya que al tipificar como delito la  puesta  dolosa en peligro de contagio de enfermedades, genera dos supuestos: que se trate de  infecciones de transmisión sexual y que se trate de enfermedades graves”.

Además, señaló el organismo, no cumple su objetivo de prevenir la transmisión de infecciones sexuales hacia mujeres y niñas, por encontrarse en condiciones de vulnerabilidad,  sino que provocó una diferenciación basada en el padecimiento de  cierto  tipo  de  infecciones,  en  este  caso  de  transmisión sexual, y calificarlas como graves, hecho que no es real, pues no todas las infecciones de este corte son graves.

Respaldo internacional

A poco más de medio año de haberse presentado el recurso, organizaciones de la sociedad civil internacionales como Red Justicia por VIH en todo el Mundo entregaron una carta a la Suprema Corte de Justicia de la Nación para solicitar la admisión del recurso legal tomando en cuenta que “no hay evidencia de que criminalizar la exposición potencial o percibida al VIH o ITS beneficie la prevención; sin embargo, hay serias preocupaciones de que la criminalización puede causar un daño considerable”.

En el documento entregado a la Corte, se recuerda que diversos organismos internacionales como el Programa Conjunto de las Naciones Unidas sobre el VIH/Sida, el Relator Especial del derecho a la salud de las Naciones Unidas, la Comisión Global de VIH y la Ley y la Organización Mundial de la Salud han recomendado a los gobiernos limitar el uso del derecho penal a situaciones extremadamente excepcionales casos de transmisión intencional de VIH (por ejemplo, cuando la persona conoce su propio estatus seropositivo, actúa con la intención de transmitir el VIH, y de hecho lo transmite).

La misiva también señala que las leyes que criminalizan al VIH afectan los derechos de las personas con VIH porque provocan confusión y miedo sobre obligaciones en virtud de la ley; generan fallas en los sistemas de justicia, a menudo como resultado de una representación legal inadecuadamente informada y competente; surgen amenazas que desencadenan el enjuiciamiento como medio de abuso o represalia contra una pareja actual o anterior; las investigaciones policiales son desproporcionadas e insensibles, pudiendo provocar estigma y discriminación, y propicia condenas y sanciones desproporcionadas.

Además, el miedo al procesamiento judicial puede desalentar a las personas, especialmente a aquellas pertenecientes a poblaciones altamente vulnerables al VIH, de examinarse y conocer su estatus, porque muchas leyes se aplican sólo a quienes son conscientes de su estatus seropositivo e impide el acceso a la atención y tratamiento porque las historias clínicas pueden ser usadas como evidencia en su contra en las Cortes.

Situación preocupante

Para Patricia Ponce, investigadora del Centro de Investigaciones y Estudios sobre Antropología Social Unidad Golfo e integrante del Grupo Multisectorial en ITS y VIH/sida del Estado de Veracruz, la situación en el estado es preocupante debido a que es la entidad con el tercer número más alto de casos acumulados de sida de toda la República Mexicana, el segundo de casos de VIH, el segundo en número de mujeres viviendo con el virus y el segundo con niños afectados por VIH.

Por su parte, Edwin J. Bernard, coordinador global de la Red Justicia por VIH en todo el Mundo, consideró que el combate contra la epidemia requiere erradicar el estigma y la discriminación, no añadirle aún más a través del orden jurídico.

Para el caso concreto de Veracruz, explicó que “si se quiere proteger a las mujeres y niñas del VIH, lo que se debe hacer es fortalecerlas y empoderarlas”.

Sean Strub, director ejecutivo de Sero Project de los Estados Unidos, explicó que la existencia de leyes que penalizan la transmisión del VIH son un asunto de salud pública porque sancionar reduce la posibilidad de realizar nuevos diagnósticos.

“La mejor manera de combatir la criminalización del VIH es que las personas con el virus alcen la mano para erradicar la situación”, añadió.

Alejandro Brito, director de la organización civil Letra S, advirtió que si se deja pasar la situación, “esta se puede convertir en un efecto domino y podrían aprobarse modificaciones similares en otros estados”.

Al respecto, Ricardo Hernández Forcada, director del Programa de VIH SIDA y Derechos Humanos de la CNDH, señaló que, prácticamente, en todos los códigos penales estatales, e incluso el federal, hay alguna penalización por la transmisión de  infecciones de transmisión sexual, y se tiene conocimiento de que en Baja California Sur se ha encarcelado gente bajo dicho criterio.

Fuente: Notiese

 

Video and written reports for
Beyond Blame: Challenging HIV Criminalisation at AIDS 2016
now available

On 17 July 2016, approximately 150 advocates, activists, researchers, and community leaders met in Durban, South Africa, for Beyond Blame: Challenging HIV Criminalisation – a full-day pre-conference meeting preceding the 21st International AIDS Conference (AIDS 2016) to discuss progress on the global effort to combat the unjust use of the criminal law against people living with HIV. Attendees at the convening hailed from at least 36 countries on six continents (Africa, Asia, Europe, North America, Oceania, and South America).

Beyond Blame was convened by HIV Justice Worldwide, an initiative made up of global, regional, and national civil society organisations – most of them led by people living with HIV – who are working together to build a worldwide movement to end HIV criminalisation.

The meeting was opened by the Honourable Dr Patrick Herminie, Speaker of Parliament of the Seychelles, and closed by Justice Edwin Cameron, both of whom gave powerful, inspiring speeches. In between the two addresses, moderated panels and more intimate, focused breakout sessions catalysed passionate and illuminating conversations amongst dedicated, knowledgeable advocates.

WATCH THE VIDEO OF THE MEETING BELOW

A tremendous energising force at the meeting was the presence, voices, and stories of individuals who have experienced HIV criminalisation first-hand. “[They are the] folks who are at the frontlines and are really the heart of this movement,” said Naina Khanna, Executive Director of PWN-USA, from her position as moderator of the panel of HIV criminalisation survivors; “and who I think our work should be most accountable to, and who we should be led by.”

Three survivors – Kerry Thomas and Lieutenant Colonel Ken Pinkela, from the United States; and Rosemary Namubiru, of Uganda – recounted their harrowing experiences during the morning session.

Thomas joined the gathering via phone, giving his remarks from behind the walls of the Idaho prison where he is serving two consecutive 15-year sentences for having consensual sex, with condoms and an undetectable viral load, with a female partner.

Namubiru, a nurse for more than 30 years, was arrested, jailed, called a monster and a killer in an egregious media circus in her country, following unfounded allegations that she exposed a young patient to HIV as the result of a needlestick injury.

Lt. Col. Pinkela’s decades of service in the United States Army have effectively been erased after his prosecution in a case in which there was “no means likely whatsoever to expose a person to any disease, [and definitely not] HIV.”

Click here to download the 43 page report (PDF)

At the end of the brief question-and-answer period following the often-times emotional panel, Lilian Mworeko of ICW East Africa, in Uganda, took to the microphone with distress in her voice that echoed what most people in the room were likely feeling.

“We are being so polite. I wish we could carry what we are saying here [into] the plenary session of the main conference.”

With that, a call was put to the floor that would reverberate throughout the day, and carry through the week of advocacy and action in Durban.


 

This excerpt is from the opening of our newly published report, Challenging HIV Criminalisation at the 21st International AIDS Conference, Durban, South Africa, July 2016, written by the meeting’s lead rapporteur, Olivia G Ford, and published by the HIV Justice Worldwide partners.

The report presents an overview of key highlights and takeaways from the convening grouped by the following recurring themes:

  • Key Strategies
  • Advocacy Tools
  • Partnerships and Collaborations
  • Adopting an Intersectional Approach
  • Avoiding Pitfalls and Unintended Consequences

Supplemental Materials include transcripts of the opening and closing addresses; summaries of relevant sessions at the main conference, AIDS 2016;  complete data from the post-meeting evaluation survey; and the full day’s agenda.

Beyond Blame: Challenging HIV Criminalisation at AIDS 2016 by HIV Justice Network on Scribd

HIV JUSTICE WORLDWIDE releases ‘HIV IS NOT A CRIME’ training academy video documentary

Today, HIV JUSTICE WORLDWIDE releases a 30-minute video to support advocates on how to effectively strategise on ending HIV criminalisation, filmed at the second-ever ‘HIV IS NOT A CRIME’ meeting, co-organised by Positive Women’s Network – USA and the Sero Project and held earlier this year at the University of Alabama, Huntsville.

This advocacy video distils the content of the three-day training academy into four overarching themes: survivors, victories, intersectionality and community.

Filmed, edited and directed by HIV Justice Network’s video advocacy consultant, Nicholas Feustel, of georgetown media, it features interviews conducted by Mark S King of MyFabulousDisease.com.

“The idea,” says HIV Justice Network’s Global Co-ordinator Edwin J Bernard, who wrote, narrated and produced the video, “is that it can be used as a starting point for discussions at HIV criminalisation strategy meetings around the world, to help advocates move forward with their own state or country plans to achieve HIV justice.”

The video was produced by the HIV Justice Network on behalf of HIV JUSTICE WORLDWIDE, and supported by a grant from the Robert Carr civil society Networks Fund provided to the HIV Justice Global Consortium.

You can share, embed or download the full-length video at: https://youtu.be/B433fMElc_c The video is also being hosted at http://www.hivisnotacrime.com.

HIV IS NOT A CRIME Training Academy (HINAC2)
Huntsville, Alabama

(33 min, HJN, USA, 2016)

HIV JUSTICE WORLDWIDE presents a video documentary on the second-ever ‘HIV IS NOT A CRIME’ training academy held in Huntsville, Alabama.

To support advocates on how to effectively strategise on ending HIV criminalisation, this 30-minute video distils the content of this unique, three-day training academy into four overarching themes: survivors, victories, intersectionality and community.

We hope this video can be used as a starting point to help advocates move forward in their own state or country plans to achieve HIV justice.

For more information about the training academy visit: http://www.hivisnotacrime.com/

USA: Three-part webinar series to build on the conversations from the HIV is Not a Crime Training Academy

HIV PJA and the SERO Project are coming together to present a three-part webinar series continuing conversations from the HIV is Not a Crime Training Academy, which was held in May 2016. With all that was learned and discussed at the second training academy, we would like to give those who were not able to attend and those who have more questions a chance to continue the conversation.

The three topics – anti-blackness, immigration and transgender issues – were chosen based on training plenaries and workshops that received significant interest. Join us for these three discussions highlighting the fight to end HIV criminalization and ensuring that HIV status is no longer a crime in this country.

Check out the details below. You must register for each webinar individually. 


HIV Is Not a Crime: Anti-blackness and HIV criminalization

Wednesday, Aug. 17 – 3:30 – 5 p.m. ET

Click here to register! 

Recent research has shown there are specifically racist and anti-black dimensions to HIV epidemiology, as well as the criminalization of HIV. We have also seen that these laws disproportionately impact black people and black communities. During this webinar we will define what anti-blackness means in connection to HIV criminalization laws and discuss why and how HIV laws tend to be anti-black.

Panelist include:

  • Charles Stephens, Founder and Executive Director, The Counter Narrative Project
  • Robert Suttle, Assistant Director, The SERO Project

Register now!


HIV Is Not a Crime: Immigration and HIV decriminalization

Wednesday, Aug. 24 – 3:30 – 5 p.m. ET

Click here to register! 

Foreign born citizens and those who come to this country seeking a better life in the U.S. frequently encounter challenges due to their immigration status. This is especially true for those living with HIV. This webinar will touch on intersectional issues of being an immigrant living with HIV and HIV criminalization. We will also discuss the synergy of the movement to end deportations and the movement to end the AIDS epidemic.

Panelist include:

  • Marco Castro-Bojorquez, Community Educator, Lambda Legal
  • Gonzalo Aburto, Longtime Community Advocate

Register now!


HIV Is Not a Crime: Criminalization’s impact on trans communities

Wednesday, Aug. 31 – 3:30 – 5 p.m. ET

Click here to register! 

Transgender rights have gained more mainstream attention but transgender people are still disproportionately criminalized. This webinar will discuss many of the challenges trans people face and highlight the stories of trans people who are fighting to eradicate new transmissions in the transgender community.

Panelist include:

  • Cecilla Chung, Senior Strategist, Transgender Law Center
  • Tiommi Luckett, Communications Coordinator, The Well Project
  • Arianna Lint, East Coast Co-Chair, TransLatin@ Coalition

Register now!

AIDS 2016: #BeyondBlame trended on Twitter during our HIV criminalisation pre-conference

Popular tweets for #BeyondBlame.
Sall Tamsir @SallTamsir1

RT @EbaPatrick: HIV criminalization preconference #beyondblame opens @aids2016 with full room #HIVrights @Lzloures @HIVJusticeNet https://t…

James Fry @thatfryboy

RT @HIVJusticeNet: There is some good news. Some #HIVcriminalisation laws are being opposed and defeated #BeyondBlame #AIDS2016 https://t.c…

Abe O C Ogolo @ovolovely

RT @HIVJusticeNet: “Criminalisation leads only to violations of human rights” — Dr Herminie #BeyondBlame #AIDS2016 https://t.co/gyuue8thvD

Alexander Pastoors @alexhvn

RT @HIVJusticeNet: “It’s a bit sad that after all these years we still have to have these meetings.” Johanna Kehler #BeyondBlame https://t.…

Paul Silva @PauloNYC

Women are disproportionately penalized under laws that criminalize HIV transmission or non-disclosure #ChallengeCrim #BeyondBlame #AIDS2016

HIV Justice Network @HIVJusticeNet

“I am making a direct call. @potus, have the courage to sign an executive order to end #HIVcriminalisation.” Pinkela #BeyondBlame #AIDS2016

Naomi Burke-Shyne @NaomiSBS

RT @HIVJusticeNet: Where HIV prosecutions have taken place: @edwinjbernard #BeyondBlame #AIDS2016 https://t.co/Jv0wg8n2qc

Paul Kidd @paulkidd

RT @HIVJusticeNet: A standing ovation for #HIVcriminalisation survivor Kerry Thomas, speaking from prison. #BeyondBlame #AIDS2016 https://t…

Benjamin Riley @bencriley

“No evidence was produced, no medical, no physical, nothing but an allegation.” Kenneth Pinkela on his prosecution #AIDS2016 #BeyondBlame

Sall Tamsir @SallTamsir1

RT @_ARASAcomms: “Durban is indeed where we broke the conspiracy of silence. It is…here that we must end the tragedy of HIV criminalisati…

ARASA @_ARASAcomms

“In technical terms, I’ve been erased” after incredible 26-yr career and 272 days in military prison based on allegation only #BeyondBlame

Nic Holas @nicheholas

@BarbCardell– laws were being used as a blunt force instrument to get women, youth and homeless to admit to lesser laws #BeyondBlame

Ben Young @benyoungmd

Horrifying cases of #HIV criminalization. HT and thx. Rosemary Namiburu: Uganda, Kenneth Pinkela, Kerry Thomas: USA #BeyondBlame #AIDS2016

ARASA @_ARASAcomms

3rd inspiring speaker, Lt. Col. Kenneth Pinkela, dismissed 4 weeks ago from US army as result of appellate process #BeyondBlame

ET_AIDS_FDN @ET_AIDS_FDN

“How can we reach 90-90-90 when we are unjustly criminalizing HIV?” @HIVJusticeNet @TheSeroProject #BeyondBlame at #AIDS2016

Nic Holas @nicheholas

.@BarbCardell shares incredible examples of intersectionality within fight to repeal HIV crim in Colorado. #BeyondBlame

Nic Holas @nicheholas

@BarbCardell– Not only are HIV criminalisation laws offensive, they are bad science. #BeyondBlame

ARASA @_ARASAcomms

Breakout session happening now at #BeyondBlame: HIV criminalisation and the intersection with other criminalised and marginalised groups

HIV Justice Network @HIVJusticeNet

“HIV treatment works! We just have to get the law to follow. Ben Young of @IAPAC #BeyondBlame #AIDS2016 https://t.co/FwrzUtovI0

nainadevi @nainadevi

“you have died of peer review” someone help this guy @trevorhoppe #AIDS2016 #BeyondBlame #Sociology https://t.co/Tc1i9NohmF

KELIN @KELINKenya

RT @Wanameme: @EbaPatrick of @UNAIDS says criminalisation undermines efforts to end HIV #BeyondBlame @KELINKenya @HIVJusticeNet

ARASA @_ARASAcomms

RT @Wanameme: Kerry Thomas says HIV is #BeyondBlame. He joined the preconference via phone from prison in Idaho, USA. @KELINKenya https://t…

Follow For Polls @follow_polls

#ChallengeCrim #BeyondBlame #AIDS2016 Should failure 2 disclose HIV status 2 partner lead 2 jail time? (Vote,Rt)

Benjamin Riley @bencriley

“Emotional support is just as important… how do you deal with stigma from other inmates on a day-to-day basis?” Kerry Thomas #BeyondBlame

Barb Cardell @BarbCardell

Question from audience at #beyondblame “Why do we allow these HIV Criminal cases to continue, it is not fair” @aids2016 what do we do?

Paul Kidd @paulkidd

RT @HIVJusticeNet: “The movement is growing, it is still led by people with HIV, but we have so many others on our side.” @edwinjbernard #B…

Aziza Ahmed @AzizaAhmed

RT @benyoungmd: Using tech to have Kerry Thomas address #BeyondBlame from prison for HIV exposure, despite condom/undetectable VL. https://…

Evgenia Maron @EvgeniaMaron

Как мы можем достигнуть цели 90-90-90, когда мы несправедливо криминализуем ВИЧ? @HIVJusticeNet @TheSeroProject #BeyondBlame at #AIDS2016

John Manwaring @eatatjohns

“Imagine 50,000 orgasms. That’s a lot of fluid.” Ben Young on the effectiveness of TasP. We’re all imagining… #BeyondBlame #AIDS2016

Barb Cardell @BarbCardell

RT @kenpinkela: Colorado shares success in #Durban #AIDS2016 #beyondblame @BarbCardell @PatSteadman @TheSeroProject @uspwn https://t.co/F1U…

HIV Justice Network @HIVJusticeNet

“I am now a burden on the very society that I chose to defend, and I did nothing wrong.” @kenpinkela #BeyondBlame #AIDS2016

KELIN @KELINKenya

RT @Wanameme: “Criminalization can never be a solution to any health problem” Dr Herminie (Seychelles) #BeyondBlame @KELINKenya https://t.c…

KELIN @KELINKenya

RT @Wanameme: @EbaPatrick of @UNAIDS says Criminalisation undermines efforts to end HIV #BeyondBlame @KELINKenya #AIDS2016 https://t.co/O3V…

KELIN @KELINKenya

RT @Wanameme: @EbaPatrick “Parliament shouldn’t be an unexpected ally but a critical one in efforts to end HIV criminalisation” #BeyondBlam…

KELIN @KELINKenya

RT @Wanameme: Dora (UGANET) shares a recent petition filed to challenge sections of HIV Law in Uganda #BeyondBlame @KELINKenya https://t.co…

CDN HIVAIDS LGL NTWK @AIDSLAW

#BeyondBlame hears live from Kerry Thomas from Idaho prison – 30 yr sentence for #HIV nondisclosure despite condom, undetectable viral load

CDN HIVAIDS LGL NTWK @AIDSLAW

Powerful stories of advocacy against unjust #HIV #criminalization from Colorado, Kenya, Uganda & Australia at #BeyondBlame

CDN HIVAIDS LGL NTWK @AIDSLAW

Ken Pinkela, US army soldier, tells of prosecution for #HIV non-disclosure based on mere allegation contradicted by evidence #BeyondBlame

FundersConcernedFCAA @FCAA

RT @bencriley: “As you hear our stories remember we have friends, co-workers, families, entire communities that are affected.” Kenneth Pink…

Ben Young @benyoungmd

Healthcare providers also face #HIV criminalization. Rosemary Namiburu, nurse (Uganda). #BeyondBlame #AIDS2016 @IAPAC

ARASA @_ARASAcomms

“I am now a burden on the very society I chose to defend.” #BeyondBlame #AIDS2016

Matthew Waites @MatthewWaites

RT @_ARASAcomms: Attendees from 36 different countries at #BeyondBlame, the largest HIV de-criminalisation pre-conference to date #AIDS2016

Hornet App @HornetApp

RT @EbaPatrick: Kerry Thomas speaks to #beyondblame at @aids2016 from Idaho prison – says “HIV is beyond blame” https://t.co/i5JEwBFp70

Barb Cardell @BarbCardell

RT @uspwn: #HIV Crim laws r blunt force instrument against sex workers youth, Trans, women- @BarbCardell #BeyondBlame #AIDS2016 https://t.c…

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AIDS 2016: A workshop at the 21st International Aids Conference highlights the need for collaboration across key populations to defeat unjust criminal laws

21 JULY 2016

On 19 July, a workshop was hosted at the 21st International AIDS Conference, being held in Durban, South Africa. Entitled “Common at its core: understanding the linkages for challenging the impact of criminal law across population groups,” the workshop highlighted the common root causes of the misuse of criminal law against people living with HIV, sex workers and lesbian, gay, bisexual, transgender and intersex people, as well as in the context of abortion.

The discussions noted that unjust criminal laws against those populations are due to prejudice, gender inequality and discrimination. The participants stressed that punitive laws against key populations lead to serious human rights violations, exacerbate vulnerabilities to HIV and other health issues and affect efforts to end AIDS.

To address unjust laws, the participants called for building synergies among populations affected by them. This will allow experience-sharing on successful approaches in addressing criminalization and will enable the development of joint strategies. Examples of collaborations between communities to address their common health and human rights challenges were highlighted.

The discussions were concluded with a call for more collaboration in addressing the criminal law and its impact on specific populations, including in the context of HIV. This should build on efforts to expand strategic litigation and the engagement of lawmakers, the police and the judiciary to end injustice and advance health for all.

The event was organized by UNAIDS, the Office of the United Nations High Commissioner for Human Rights, Amnesty International and the Global Health Justice Partnership at Yale University.

QUOTES

“CRIMINALIZATION OF SEX WORK SENDS THE MESSAGE THAT SEX WORKERS ARE NOT SEEN AS FIT AND WORTHY TO ENJOY RIGHTS. SEX WORKERS EXPERIENCE SERIOUS FORMS OF VIOLENCE AND ABUSE, OFTEN COMMITTED BY POLICE AND LAW ENFORCEMENT AGENTS. THESE ABUSIVE LAWS AND PRACTICES VIOLATE HUMAN RIGHTS OBLIGATIONS.”

RUTH MORGAN THOMAS NETWORK OF SEX WORK PROJECTS

“RESTRICTIVE LEGAL REGIMES ON ABORTIONS, INCLUDING CRIMINALIZATION, DO NOT REDUCE ABORTION RATES BUT RATHER MAKE THEM UNSAFE. THESE RESTRICTIONS ARE ROOTED IN SOCIETAL NORMS THAT DENY WOMEN’S AGENCY AND CAPACITY TO MAKE DECISIONS ABOUT THEIR OWN LIVES.”

LUCINDA O’HANLON ADVISER ON WOMEN’S RIGHTS, OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS

“AT ITS CORE, CRIMINALIZATION OF SPECIFIC POPULATIONS, INCLUDING LESBIAN, GAY, BISEXUAL AND TRANSGENDER PEOPLE, IS BASED ON PREJUDICE, FEAR AND STIGMA. CRIMINAL LAWS AGAINST OUR POPULATIONS ARE AMBIGUOUS, UNJUST AND USED MAINLY AS POLITICAL AND SOCIAL TOOLS TO ENFORCE HETERONORMATIVE AND PATRIARCHAL NORMS. WE MUST JOIN HAND AND BUILD SYNERGIES AMONG OUR COMMUNITIES AND SOLIDARITY WITH OTHER SOCIAL JUSTICE MOVEMENTS TO CHALLENGE THESE LAWS.”

KENE ESOM EXECUTIVE DIRECTOR, AFRICAN MEN FOR SEXUAL HEALTH AND RIGHTS

“THE BREAKTHROUGH AT THIS CONFERENCE IS THE SHIFT TOWARDS INTERSECTIONALITY IN OUR EFFORTS TO END THE PUNITIVE AND ABUSIVE LAWS AGAINST VARIOUS POPULATIONS. THIS EMERGING MOVEMENT SHOULD BE SUPPORTED AND STRENGTHENED AS CRITICAL TO ADVANCING EFFECTIVE RESPONSES FOR DIGNITY, HEALTH AND JUSTICE FOR KEY POPULATIONS.”

EDWIN BERNARD  GLOBAL COORDINATOR, HIV JUSTICE NETWORK

Originally published on UNAIDS website

AIDS 2016: The criminalization of vulnerable populations fuels the HIV epidemic in many countries

THE criminalization of same-sex relationships and prostitution in most parts of the continent has been cited as the major cause of the recurrence of HIV/AIDS in recent years.

After a period of decline, new HIV infections among adults across the globe are on the rise again, it has emerged at the International AIDS Conference in Durban, South Africa.

South Africa is the only African country legalise same-sex unions.

According to Human Rights Watch (HRW), HIV remains stubbornly high among men who have intercourse with men, sex workers, people who use drugs, and transgender women.

Groups like these, which are criminalized in many places, account for more than one-third of new HIV infections worldwide.

HRW Senior Researcher of Health and Human Rights, Megan McLemore, said criminalization restricted access to health care, forcing those most vulnerable to HIV to the margins of society.

“For the sake of populations most vulnerable to HIV, criminal laws need to be reformed, and fast. There is no time to waste,” said McLemore.

Meanwhile, a special issue of the Lancet medical journal released at the Durban conference described prisoners as the most neglected and vulnerable of all populations in the global HIV/AIDS response.

 “Prison health care is abysmal in many parts of the world, and HIV prevention and treatment inside some jails is limited or nonexistent,” said McLemore.

Human Rights Watch has documented government failure to provide HIV prevention and treatment programs to prisoners, most recently in Louisiana parish jails.

Michel Sidibe, executive director at UNAIDS, said nearly 2 million people become HIV-positive every year.

Originally published in Caj News