US: Powerful new report on impact of criminal justice system on LGBT people highlights unjust HIV-related prosecutions; lawmaker calls for repeal of Michigan's 'outdated' HIV-specific criminal law

A new report from the independent Movement Advancement Project in Washington DC is shining a light on the plight of LGBT people caught up in the nation’s criminal justice system — and it is not pretty.

“It used to be a crime to be LGBT in the United States, and while police are no longer raiding gay bars, LGBT people, especially LGBT people of color, are still disproportionately pushed into the criminal justice system. They are treated unfairly within the system and in correctional settings, and face extraordinary challenges in rebuilding their lives,” said Ineke Mushovic, Executive Director of MAP.

The report finds that twice as many people incarcerated identify as LGBT or gender non-conforming than Americans who identify as such. The numbers are even more skewed in relation to juveniles, the report found.

“I’m glad that MAP is bringing to light the critical issue of LGBT people in the criminal justice system,” State Rep. Jon Hoadley, D-Kalamazoo, said in an interview with BTL. Hoadley is one of two openly gay state lawmakers working in Lansing. “This report shows that our work is not done.”

He noted that Michigan continues to have laws which are used to discriminate against members of the LGBT and HIV affected communities. He noted the child welfare system in the state continues to foster discrimination and noted Michigan’s HIV-specific criminal laws. Michigan adopted a new law last year which allows private, religious adoption agencies to refuse to help otherwise qualified adoptive parents based on “sincerely held religious beliefs.”

State Sen. Steve Bieda, D-Warren, said the report was important. He’s been working with the GOP majority to address criminal justice reform in the state as the only Democrat on the Senate Judiciary Committee.

“We need to make sure that justice is blind,” Bieda said in a phone interview. “We need to make sure that justice is actually just.”

He called for a repeal of Michigan’s HIV-specific criminal law, which he called “outdated,” and also said the state needs to remove obsolete laws that are no longer enforceable because they have been declared unconstitutional.

“When we’re talking about reforming a complexing system, like this, you need a yes and strategy,” said Hoadley. He called on lawmakers to repeal obsolete laws as well as laws — such as the gross indecency laws — which criminalize otherwise consensual sexual activity between adults.

Bieda said he would like to have representatives of MAP come to a Senate Judiciary Committee to brief state lawmakers on the findings of the report and possible solutions. Hoadley applauded that idea.

“This would be a great opportunity to have a joint committee meeting,” between House and Senate Judiciary Committees, he said. “We could also have policy meetings on this.”

The chair of the Senate Judiciary Committee, State Sen. Rick Jones, R-Grand Ledge, said the Senate cannot solve all the issues with the criminal justice system but did call for more training by law enforcement related to LGBT related issues. He’s a former county sheriff.

“I also support clean slate legislation,” Jones said. Those laws would allow those convicted of non-violent crimes to wipe their records clean after a set amount of time.

Hoadley said Jones’ idea was certainly on track to addressing reintegration of those convicted of crimes and sentenced to prison into society.

“We have to really think about how we integrate people into society after their rehabilitation,” he said. He discussed working with a person living with HIV who was convicted under Michigan’s HIV-specific law. That person was being forced to disclose their HIV status as a result of having to disclose the felony conviction to potential employers. It significantly limited that person’s job prospects.

MAP officials were pleased to hear Michigan lawmakers were taking the report seriously.

“A goal of this report is to lift up the ways in which LGBT people interact with the criminal justice system to ensure comprehensive reforms,” said Naomi Goldberg, Policy Analyst for the Movement Advancement Project. “Legislative efforts to reduce recidivism rates, such as clean slate legislation combined with vital protections against discrimination, would greatly improve the lives of formerly incarcerated LGBT people. And training, ongoing education and improved procedures for law enforcement, court staff, prison and staff, and probation and parole officers would greatly improve the safety of LGBT people.”

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.

Register now for ARASA’s online course on HIV criminalisation; deadline March 8th

Applications are now invited for participation in the AIDS and Rights Alliance for Southern Africa (ARASA) 2016 online training course on the criminalisation of HIV transmission, exposure and non-disclosure.

Civil society, policymakers and service providers – including health care providers and law enforcement officials – working in Africa are eligible for the course, which will last for six weeks from 14 March 2016 to 22 April 2016, and require four hours’ commitment per week.

The deadline for applications is 8th March 2016.

More details below and on ARASA’s website.

Download the full announcement here.

ABOUT THE COURSE

The criminalisation of HIV transmission, exposure and non-disclosure, which is often referred to as ‘HIV criminalisation’, is the unjust application of criminal law based solely on HIV status – either by enacting and applying HIV-specific criminal laws, or by applying general criminal laws exclusively or disproportionately against people with HIV.

Law makers who try to enact HIV-specific laws to criminalise HIV transmission are often driven by public pressure to be seen to be doing something about HIV in their country without stopping to consider the effects of HIV criminalisation on the spread of HIV.

Human rights experts argue that most countries already have criminal laws, such as the laws against assault with intent to cause grievous bodily harm, that can be used to deal with intentional transmission of HIV and therefore there is no need to create new laws to deal specifically with HIV.

This online course will introduce participants to information about the criminalisation of HIV transmission, exposure and non-disclosure, the negative impact it has on the human rights of people living with HIV and key populations and on universal access to HIV prevention, treatment, care and support. The focus is on providing knowledge and skills so that participants can identify harmful HIV-specific transmission, exposure and non-disclosure laws and advocate for the removal of these laws.

COURSE OUTCOMES

After taking the course, students will be able to:

  • Understand what criminalisation of HIV transmission, exposure and non- disclosure is and the difference between transmission, exposure and non- disclosure
  • Identify the links between human rights, universal access to HIV prevention, treatment, care and support, and the negative impact of criminalisation of HIV transmission, exposure and non-disclosure
  • Understand the disproportionate impact of criminalisation on women and key populations
  • Understand international and regional guidance on criminalisation of HIV transmission, exposure and non-disclosure and be aware of model laws and other instruments that can be used as advocacy tools to advocate against HIV criminalisation
  • Advocate for laws that do not criminalise HIV transmission, exposure and non- disclosure and respect the rights of people living with HIV and promote universal access or for the repeal or amendment of laws that do criminalise.

WHO MAY APPLY?

In the selection of participants preference will be given to persons who:

  • Are staff members of civil society organisations working on HIV, TB and human rights in African countries;
  • Are fluent in English;
  • Have existing skills and experience in human rights, TB, HIV and/or Sexual and Reproductive Health Rights (SRHR);
  • Have daily access to the internet as well as access to a computer;
  • Are committed to participating fully in all the elements of the short course and carrying out training and advocacy for increased access to HIV and TB servicesfor prisoners; and
  • Are committed to promoting a rights-based response to HIV and TB in their own countries and in the region, and to engage in regional collaboration for advocacy.

HOW TO APPLY

Send us:

  • A one page letter of motivation, setting out why you feel that you would benefit from participating in the short course and outlining how you will use the skills acquired during the course;
  • Your resume / CV; and
  • A letter of support from the organisation you are currently working with / affiliated to.

DEADLINE FOR APPLICATIONS

All applications must be received by no later than close of business 8 March 2016. Kindly note that applications received after the closing date will not be considered.

Application should be submitted by email to courses@arasa.info (and copy Jacob Segale (jacob@arasa.info) and Nthabiseng Mokoena (nthabiseng@arasa.info)). Successful applicants will be notified by no later than 11 March 2016. Should you not receive any feedback from us by 14 March 2016, kindly consider your application to have been unsuccessful.

ABOUT ARASA

Established in 2002, ARASA is a regional partnership of 89 non-governmental organisations (NGOs) working together to promote a human rights-based response to HIV and TB in Southern and East Africa, through capacity strengthening and advocacy.

ARASA’s purpose is to promote the rule of law and respect for human rights to safeguard the health status of all, especially of people living with HIV and TB and key populations at higher risk of HIV and TB, including lesbian, gay, bisexual, transgender and intersex (LGBTI) people, sex workers, people who use drugs and prisoners. ARASA’s overall objective is to ensure that legal, policy and social environments exist in Southern and East Africa (18 countries) in which people living with HIV and TB and key populations most at risk (prisoners, LGBTI persons, sex workers and people who use drugs) access acceptable, affordable and quality sexual and reproductive health and rights, HIV and TB prevention, treatment and care services.

Stop the Prague Public Health Authority’s persecution and intimidation of people living with HIV [Press release]

Pan-European Networks of communities of people living with and affected by HIV, doctors and scientists call upon the Government of the Czech Republic to immediately stop the Prague Public Health Authority’s persecution and intimidation of people living with HIV, and to return to evidence-based and proven practices in HIV prevention, testing and care in the Czech Republic.

Brussels, 19 February 2016 –  The signatories of this open letter, representing communities of people living with, and affected by HIV, doctors and scientists addressing HIV and co-infections in Europe, are extremely concerned that the Prague Public Health Authority has initiated a police investigation into the sex lives of 30 men living with HIV on the sole grounds that these men have been diagnosed with a sexually transmitted infection (STI).

We understand that the Czech police are currently conducting investigations and are considering pressing charges against these men claiming that they have violated the provisions of Sections 152 and 153 of the Czech Criminal Code.

There is no evidence that punitive approaches to regulating the consensual sexual behaviour of people with living HIV are an effective HIV prevention or public health tool, but there is evidence that such approaches can be counterproductive by further stigmatising people with HIV, sending those in need of testing and treatment underground, harming individual and public health.

In addition, the release of medical information to the police appears to be a grave violation of personal freedoms of individuals living in the Czech Republic. The initiation of criminal prosecution against people living with HIV for alleged intentional gross bodily harm – despite the lack of a single complainant – raises grave concerns regarding the inappropriate application of criminal law to people living with HIV.

We also understand that a number of non-governmental organizations have recently spoken out against the acts of the Prague Public Health Authority and subsequent police investigation and they will approach the Czech liaison at the UN High Commissioner for Human Rights. Please also note that the responsible UNAIDS representative has already been informed and will receive further briefing from us.

With this letter we express our outrage at these human rights violations, and support the groups within the Czech Republic who initially raised objections and are working to support both people with HIV and the public health of all those living in the country.

Our main objections to the recent development are based on several arguments:

  • It violates the fundamental human right to personal integrity and privacy (Art 7 Sec. 1 of the Charter of Fundamental Rights and Freedoms), and breaches the Czech Republic’s international obligations under the existing National HIV/AIDS Strategy;
  • It is counterproductive to public health, ignoring well established WHO and UNAIDS recommendations on appropriate use of public health and criminal law as it relates to HIV. Evidence shows that criminalisation of HIV non-disclosure, potential or perceived exposure or non-intentional transmission deter people from getting tested and force them to hide their HIV status and/or sexual orientation, thus reducing opportunities for treatment which greatly reduces infectiousness.
  • There is a substantial body of evidence to show that the overly broad HIV criminalisation, in any form, is harmful for both individuals and society as it leads to increased latency of the epidemic, deters people from getting tested and treated, and thus ultimately contributes to a growing epidemic. We recognize that there has been a constant and alarming increase in the rate of new HIV infections in Europe in the last ten years. However, the active discrimination and violation of the human rights of any group of society will not contribute to the curbing of the epidemic.
  • The proposed prosecution of people living with HIV for alleged intentional spread of infectious diseases, or in fact the transfer of any health-related data of individual from the health care system to law enforcement organisations is potentially a violation of the European Union’s Data Protection Directive.

We demand that the Government of the Czech Republic adheres to the international principles and treaties, and scientific evidence universally accepted in the practice of HIV prevention, and we also demand that the current level of HIV care in the country is maintained and improved to assure at-risk groups feel that getting tested for HIV is and should be a reasonable decision for them. Nothing is as effective in linking to and retention in care than disseminating the right information, and fighting stigma and discrimination against people living with HIV, or any other groups such as men having sex with men. The active discrimination and legal persecution of people with HIV is in diametrical opposition to this evidence.

The signatories will continue to support local non-governmental organisations and other actors in their efforts to prevent HIV criminalization becoming a public health policy. We call on the Government of Czech Republic to ensure that the Prague Public Health Authority reverses this policy and ends police investigations of people with HIV simply for being diagnosed with an STI and instead relies on good public health practice as the most effective strategy to deal with HIV/AIDS.

Speaking on behalf of millions of people living with and affected by HIV across Europe, as well as experts in HIV science, public health and human rights, the signatories are ready to provide advice, guidance and the collection of good practices relating to HIV prevention to the government.

Contact:

HIV Justice Network:  Edwin J Bernard, edwin@hivjustice.net

European AIDS Treatment Group: Tamás Bereczky on tamas.bereczky@eatg.org

Download and share the letter (with references). Also available on the EATG website

Open Letter to Prague Public Health Authority

Footnote: At the request of Czech AIDS Society a number of organisations representing European networks of communities of people living with and affected by HIV, doctors and scientists wrote today to head of Prague’s Public Health Authority to raise our concern about the initiation of a police investigation into the sex lives of 30 men living with HIV on the sole grounds that these men have been diagnosed with a sexually transmitted infection (STI).

We hereby would like to stress that disseminating the right information, and fighting stigma and discrimination against people living with HIV, or any other groups such as men having sex with men has proved have proved to be effective in responding to the epidemic, to link to and retain persons in care. The active discrimination and legal persecution of people with HIV is in diametrical opposition to this evidence.

Letter to Dr. Zdeňka Jágrová, Hygienicka, Head of the Prague Public Health Authority

HIV is Not a Crime Training Academy now requesting workshop submissions

The second HIV is Not a Crime meeting, now a Training Academy, will take place between May 17 – 20, 2016 at the University of Alabama in Huntsville.

The Training Academy will unite and train advocates living with HIV and allies from North America on laws, policies and practices criminalising people living with and vulnerable to HIV and on strategies and best practices for improving legal environments.

There will be three tracks, focused on

1) Effective and Accountable Leadership,

2) Rights, Policy  and Justice, and

3) Campaign Planning, Strategy and Messaging.

Workshops will help advance informed and effective grassroots organising and coalition-building, providing participants with concrete tools and resources to work on state-level strategies when they return home.

Advocates working on HIV criminalisation in the United States, Canada or Mexico are encouraged to submit an application to conduct a workshop at the Training Academy and contribute to this growing and important movement.

Deadline for submissions is Friday, February 26, 2016 by 5:00 pm CST (6:00 pm EST, 3:00 PST).

Descriptions of workshop tracks are below:

Effective and Accountable Leadership

This track will focus on building relevant and current leadership skills for an effective and intersectional criminalisation movement.

Sessions considered may include coalition-building, development of individual leadership skills or emphasise disproportionately impacted communities.

Rights, Policy, and Justice

This track will focus on policy issues, criminal justice, and advocacy strategies relevant to disproportionately criminalized communities.

Submissions on issues specific to communities targeted by policing practices due to race, gender identity, sexual orientation, substance use, immigration status, and other forms of discrimination are encouraged.

Campaign Planning, Strategy and Messaging

This track will provide resources, tools and skills advocates need to successfully develop and implement a state-level campaign to repeal or modernize criminalization laws.

Submissions may focus on the “nuts-and-bolts” required for organizing, including messaging research and positioning, how to best utilize research to persuade media, policy leaders and legislators and creation and execution of a campaign plan.

After reviewing proposals, conference organizers may invite session organizers to collaborate on a session.  All presenters are required to register for the conference. Acceptance of a proposal does not guarantee a scholarship or coverage of any of the necessary registration or travel expenses.

We expect to receive more breakout session proposals than we can actually accommodate.  When making selection decisions, we have many considerations to balance, including our desire to elevate diverse leadership and new organizations and voices into the mix at each Training Academy.  Please read the criteria below for what we are and are not looking for.

Proposals that meet all or most of these criteria will be given the most favorable consideration:

  • Participatory:  Proposed session is interactive, with lots of two-way communication between participants and presenters and hands-on engaging activities.
  • Timely: Proposal demonstrates an understanding of current criminal justice, policing, and criminalization environment
  • Intersectional: Proposal demonstrates an intersectional analysis
  • Practical:  Session proposes to leave participants with useful tools, including innovative strategies, exemplary models, powerful narratives, and accessible artistic and cultural expressions.
  • Action-Oriented:  Session connects to active issue campaigns, grassroots community organizing, and current struggles and/or movement building efforts.
  • Intergenerational:  The content is relevant to, and encouraging of, the participation of youth and young people, as well as multi-generational strategies.
  • Geographic Diversity:  For national audience, we want the content and facilitators to relate to different geographic areas, especially the South.
  • Multiracial:   Sessions include a multiracial and intersectional analysis and approach — even if there is a mono-racial emphasis.  A multiracial team of facilitators is also encouraged.

Breakout Sessions should not consist of:

  • Lectures, presentations of academic papers or mostly theory, or panels that primarily involve people talking at others.
  • Sessions that do not have a connection to people working in local communities.
  • Sessions that focus primarily on a problem, without equal or greater attention to proposed solutions.
  • Sessions by individuals not engaged with, connected or accountable to social justice organizations or communities.

Important Notes:

The deadline for submission is Friday, February 26, 2016 by 5:00 pm CST (6:00 pm EST, 3:00 PST).  You will receive notice of acceptance on Friday, April 1, 2016.

Applicants may submit up to two workshops for consideration.  For each 90-minute workshop, applicants should follow the suggested format below.  Workshops submissions must be one page in length and be in a font 11 point or over but not smaller.  Your submission will not be reviewed if it is more than one page (8.5 x 11) in length or if the font is smaller than 11 point.  There is no limit to the number of total presenters on a workshop.

Workshop submissions will be reviewed and evaluated by a volunteer Program Work Group on the following criteria:  1) alignment with track description, SERO and PWN-USA values, and Training Academy goals 2) clarity of description 3) appropriateness of suggested format.

We strongly encourage applicants to consider formats that engage participants, rather than simply presenting information.  In addition, the program committee will review overall workshop acceptances with an eye towards diversity of presenters, particularly in demographics, geography, skills, and expertise.

Every proposal must include:

  • FIRST, LAST NAME OF LEAD PRESENTER(S):
  • FIRST, LAST NAME(S) OF ADDITIONAL PRESENTER(S):
  • EMAIL ADDRESS/PHONE NUMBER FOR LEAD PRESENTER:
  • TITLE & ORGANIZATIONAL AFFILIATION FOR ALL PRESENTERS:
  • WORKSHOP TRACK: 1) Effective and Accountable Leadership 2) Rights, Policy & Justice; 3) Campaign Planning, Strategy and Messaging
  • PROPOSED WORKSHOP TITLE:
  • WORKSHOP DESCRIPTION:
  • WORKSHOP OBJECTIVE(S):
  • FORMAT OF WORKSHOP: Describe how you and/or presenter(s) will conduct the workshop, i.e. presentation style, opportunity for discussion and/or interactive activities/exercises.

Email workshop submissions by Friday, February 26, 2016 to:  conference@seroproject.com

All other questions regarding the Summit should be emailed to Tami Haught at:  tami.haught@seroproject.com

Czech Officials Launch Criminal Investigation Into 30 Gay Men Over HIV Exposure

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Czech Republic: Prague Public Health Authority initiates criminal prosecutions of 30 gay men living with HIV following an STI diagnosis

Late last month, Prague’s Public Health Authority initiated criminal investigations against 30 gay men living with HIV that had been diagnosed with a sexually transmitted infection (STI) during the previous year.

The Public Health Authority appear to believe that since these men acquired an STI this is proof that they must have practiced condomless sex and have therefore violated Sections 152 and 153 of the Czech Criminal Code, which a 2005 Supreme Court ruling confirmed could be used to prosecute any act of condomless sex (including oral sex) by a person living with HIV as “spread of infectious diseases”.

There are no individual complainants in these cases.

The Czech AIDS Society responded to the publication of initial media reports on January 26th, with a press release that highlighted:

  • They have already begun to provide legal counseling to several of these men.
  • Most of them have an undetectable viral load and/or only have sex only with other men living with HIV (known as ‘serosorting’).
  • Being diagnosed with an STI does not, in and of itself, prove that condomless sex took place because most STIs can be acquired even when condoms are used.
  • Fear of punishment will lead to people living with HIV and at risk of a sexually transmitted infection not getting tested or treated.

“Czech AIDS Society has long struggled against the criminalisation of the private life of people living with HIV in cases where there is no HIV transmission. We believe that the HIV epidemic must be fought not through repression, but through the treatment which, in most cases, reduces the viral load of HIV-positive patients to undetectable levels thus eliminating the risk of transmission.”

They went on to make a number of media appearances pointing out that applying criminal law to potential HIV exposure does not reduce the spread of HIV, undermines HIV prevention efforts, promotes fear and stigma, punishes behaviour that is not blameworthy and ignores the real challenges of HIV prevention in the Czech Republic.

They also published a second press release, entitled “Professional failure of public health officials” on February 10th that was strongly critical of the actions of Prague’s Public Health Authority, noting that they have greatly undermined trust in the confidentiality of the public health system which will likely lead to an increase in new HIV infections.

On February 12th, the head of Prague’s Public Health Authority, Ms. Zdenka Jagrova (pictured above), issued a statement in response, suggesting that the Authority is legally obliged to initiate such criminal complaints and that “it would be a professional failure if [we] did not do so…

[We] did not check sexual orientation of HIV-positive people who got infected with another contagious, sexually transmitted disease. It is not an attack on the gay community, but in 2014 no HIV-positive woman in Prague was diagnosed with a sexually transmitted disease. A public health authority is obliged to protect the public health of the population and must act in the same manner as in case of other infectious diseases, for instance TB….This campaign aiming at questioning our practices is clearly intended to assert alleged rights of a minority at the expense of the rights of the majority, i.e. in particular the right to health, irrespective of who and how threatens the health. We consider attempts to create a privileged group that would be excluded from generally defined responsibilities very dangerous.”

A number of organisations representing communities of people living with and affected by HIV are now working together with UNAIDS to support the Czech AIDS Society, including the circulation of a Change.org petition.

It appears that none of the cases have yet been passed to the Public Prosecution office for formal prosecution.  However, the investigation has set a dangerous precedent and we understand that public health departments in other regions of the Czech Republic are now considering following the Prague example.