Voluntary disclosure, HIV criminalization and implementation of the National HIV/AIDS Strategy were the hot topics at the convening of the 48th Presidential Advisory Council on HIV/AIDS (PACHA) in Washington, D.C., last week. Other topics of the two-day meeting, which was presided over by chair Nancy Mahon of the MAC AIDS Fund, included the Affordable Care Act and reauthorization of the Ryan White CARE Act.
Kenya: HIV, Law and Human Rights symposium calls for repeal of Aids Control Act (Section 24)
- The inaugural national symposium on HIV, Law and Human Rights opened on Tuesday in Nairobi with calls on the Government to repeal the law which criminalises infecting a person who did not have the virus
- HIV Equity Tribunal chairman Ambrose Rachier termed the Aids Control Act (Section 24) “counter-productive”, saying it will make people shun HIV testing
- According to the law, Mr Rachier said those who wilfully infected others with HIV faced “stiff penalties” of up to seven years in jail
More criminalization, further marginalization: Supreme Court's HIV non-disclosure decisions create viral underclass |
This is the second in a series of blog posts about the recent Supreme Court of Canada decisions about the criminalization of HIV non-disclosure. See the first post here, in which we wrote about the perverse, negative impacts of the decision for women living with HIV.
L.G. POZ: REGARDING THE NORWEGIAN LAW COMMISSION REPORT ON CRIMINAL LAW AND THE TRANSMISSION OF DISEASE
Honestly it has taken me some time to “swallow” the Report. I don’t find the Commissions proposal to a new penal code very controversial. To me it’s a slight improvement to the old one (§ 155) and to the § 237/238 which never been used.
Think Having HIV Is Not a Crime? Think Again
People with HIV are not walking public health threats, despite how the law treats us. We are human beings and we are far more than the virus we carry. Laws based on ignorance, fear and shaming of people with HIV are the real danger to public health.
US: Scott A. Schoettes of Lambda Legal outlines the battle being waged in U.S. courts over HIV criminalisation in POZ Magazine
Scott A. Schoettes is the HIV project director for Lambda Legal, a longtime legal champion of HIV-positive people and LGBT civil rights. He filed a brief in The People of the State of New York v. David Plunkett, an HIV criminalization case heard by the New York Court of Appeals, the highest court in the state.
Taking Forward the Recommendations of the Global Commission on HIV and the Law
The use of legal environment assessments and the conduct of national dialogue forums are some of the first steps that countries can take in an effort to take forward the findings of the Global Commission on HIV and the Law’s report on HIV and the Law: Risks, Rights and Health.
Crime and Punishment: An International HIV Disclosure Dilemma
October 25, 2012 Internet links shown in these posts are designed to provide more detailed information if required. This article originally appeared on PositiveLite.com, Canada’s Online HIV Magazine. It is being reposted here in two parts. Read part two: “Crime and Punishment: The U.S and Canadian Contexts of an International HIV Disclosure Dilemma.
Crime and Punishment: The U.S. and Canadian Contexts of an International HIV Disclosure Dilemma
October 25, 2012 Internet links shown in these posts are designed to provide more detailed information if required. This article originally appeared on PositiveLite.com, Canada’s Online HIV Magazine. It is being reposted here in two parts. Read part one: “Crime and Punishment: An International HIV Disclosure Dilemma.”
US: HIV Medicine Association calls for repeal of HIV-specific laws
The HIV Medicine Association (HIVMA) of the Infectious Diseases Society of America (IDSA) has issued a strong statement urging the repeal of HIV criminalisation statutes in the United States.
The HIVMA statement, which represents physicians, scientists and other health care professionals across the United States, demands the following:
- An end to punitive laws that single out HIV infection and other STIs and that impose inappropriate penalties for alleged non-disclosure, exposure and transmission
- All state and federal policies, laws and regulations to be based on scientifically accurate information regarding HIV transmission routes and risk;
- A federal review of all federal and state laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-related offences to identify harmful policies and federal action to mitigate the impact of these laws, including the repeal of these laws and policies or guidance for correcting harmful policies; and
- Promotion of public education and understanding of the stigmatising impact and negative clinical and public health consequences of criminalisation statutes and prosecutions.
The HIVMA statement is another extremely important development in the Positive Justice Project’s campaign to repeal HIV-specific criminal laws in the United States.
In March 2011, the National Alliance of State and Territorial AIDS Directors (NASTAD) – a highly-respected organisation of public health officials that administer state and territorial HIV prevention and care programmes throughout the US – issued a similar statement.
The full HIVMA statement, which can be downloaded here, is published below.
HIVMA URGES REPEAL OF HIV-SPECIFIC CRIMINAL STATUTES
(Approved: October 16, 2012)
The HIV Medicine Association (HIVMA) of the Infectious Diseases Society of America (IDSA) represents physicians, scientists and other health care professionals who practice on the frontline of the HIV/AIDS pandemic. HIVMA strongly advocates public policies that are grounded in the science that has provided the tools and knowledge base to envision a world without AIDS.
Stigma and discrimination continue to be major impediments to the comprehensive response necessary to address the HIV public health crisis. Policies and laws that create HIV-specific crimes or that impose penalties for persons who are HIV- infected are unjust and harmful to public health around the world.
In the U.S., HIV criminalization has resulted in unacceptable human rights violations, including harsh sentencing for behaviors that pose little to no risk of HIV transmission. Thirty-two states and two U.S. territories have HIV-specific criminal statutes. Thirty-two states have arrested or prosecuted individuals with HIV infection for consensual sex, biting and spitting. These laws and prosecutions unfairly target individuals with HIV infection and are not based on the latest scientific knowledge regarding HIV transmission, including the finding that transmission risk from biting or spitting is negligible.
Individuals with HIV infection can live healthy lives and approach near normal life expectancies with access to HIV care. Early diagnosis and effective management of HIV infection not only improves clinical outcomes for infected individuals but significantly reduces their risk of transmitting the virus to others. Laws that criminalize HIV infection discourage individuals from learning their HIV status and from receiving care. In doing so, they jeopardize the lives of HIV-infected individuals and place more individuals at risk of contracting an infectious disease that remains fatal if untreated.
HIV-specific criminalization fuels the stigma associated with HIV infection that slows efforts to combat the disease. Despite the availability of highly effective treatment for HIV infection, of the 1.1 million individuals living with HIV infection in the U.S., nearly 20 percent remain undiagnosed, only 37 percent are in care and just 25 percent have undetectable levels of the virus in their blood which makes it unlikely for them to be infectious to others.
All individuals must take responsibility for protecting themselves from HIV infection and other sexually transmitted infections (STIs). All persons engaging in unprotected or potentially risky sexual behavior are encouraged to discuss and disclose HIV and STI status except in situations where disclosure poses a risk of harm.
HIVMA Position:
HIVMA urges a coordinated effort to address and repeal unjust and harmful HIV criminalization statutes. We support the following:
- An end to punitive laws that single out HIV infection and other STIs and that impose inappropriate penalties for alleged nondisclosure, exposure and transmission;
All state and federal policies, laws and regulations to be based on scientifically accurate information regarding HIV transmission routes and risk;
- A federal review of all federal and state laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-related offenses to identify harmful policies and federal action to mitigate the impact of these laws, including the repeal of these laws and policies or guidance for correcting harmful policies; and
- Promotion of public education and understanding of the stigmatizing impact and negative clinical and public health consequences of criminalization statutes and prosecutions.