Ghana: New law to protect the rights of people living with HIV approved by parliament with discrimination against persons living with HIV to attract jail term

Parliament has approved a three year maximum jail term for discriminating against persons living with HIV/AIDS.

This follows the passage of the Ghana AIDS Commission Bill, 2015 into law by the House on Tuesday.

According to the new Act, a person who discriminates against a person infected with HIV/AIDS commits an offence and is liable on summary conviction to a fine or a term of imprisonment of not less than 18months and not more than three years or both.

The punishment extends to persons who deny burial for person suspected or perceived to be HIV/AIDS positive as well as persons who disclose information that concerns the HIV/AIDS status of another person.

The punishment also applies to persons who deny or exclude a person suspected or perceived to be HIV positive from insurance, retirement, social security benefits, or any other rights the affected persons.

The new law also frowns on discrimination against an employee who has been affected with the diseases as well as institutions which deny educational rights on the basis of the actual or perceived HIV/AIDS status of that person.

The Act, prohibites the denial of persons infected with the virus the right to be elected to a public office or the right to vote on an account of the HIV/AIDS status of that person.

Persons living with the disease shall also not be denied the freedom of movement, right of residence, right to sexual and reproductive health, or right to family.

The Act also gives the Ghana AIDS Commission a legal backing and proposes the establishment of the National HIV and AIDS Fund.

It provides for the sources of funds for the AIDS Commission which includes moneys from the National HIV/AIDS Fund, monies approved by Parliament, and loans contracted and guaranteed by the government.

The National HIV/AIDS Fund is to provide financial resources for the national HIV/AIDS reponse to target, in particular, HIV prevention, including the reduction of mother-to-child transmission, stigma reduction, treatment, and the care and support of persons living with HIV.

The sources of money for the fund include moneys approved by Parliament for the fund, grants, donations, gifts and other voluntary contributions, returns on investment of funds by the commission, monies that the minister responsible for finance may determine with the approval of Parliaent and other moneys or property that may become lawfully payable and vested in the board of the fund.lo

Source: Gilbert Ankrah/www.parliamentafrica.com

Mexico: Quintana Roo activists submit proposal for a change in the State HIV criminalisation law

Submission to eliminate the criminalisation of people with HIV (Desplácese hacia abajo para el artículo original)

This initiative has been proposed by the organisation ‘Vida Positiva’.

PLAYA DEL CARMEN, Q. Roo

A proposition to eliminate the criminalization and general criminalization of people with HIV having sex, focussing on cases of willful intent by amending Article 113 of the Criminal Code of Quintana Roo, is being put forward.

This initiative has been proposed by the civil association ‘Vida Positiva’ and delivered to deputy Laura Beristain Navarrete, president of the Commission for Health and Social Welfare of the XV Legislature to be adapted and submitted to the State Congress at the beginning of October.

Rudolf Geers, president of the activist group said that its aims are for the legislation mentioned to be replaced by a new article which sanction the transmission of a chronic or fatal disease deceitfully and when protection methods have not been used.

“What we propose is that the law be changed to only prosecute cases of actual transmission, removing talks of risks, and cases where there was actual deception and where people did not use protection, in order to qualify the intent of the situation. In the case of pregnant women, to only prosecute cases where the mother had the express intention of infecting the baby. There was one prosecution in January this year, “said the leader of Vida Positiva.

On this matter, Deputy Beristain Navarrete said it was an issue that will be analyzed in a responsible manner, which will be reviewed properly to be subsequently pass on to the committee because every project must be adapted for proper submission, especially when concerning such a sensitive issue as health risks.

Background information

Meanwhile, Geers highlighted that looking at the history of the law, this Article has only served to motivate cases of blackmail and extortion, which have threatened to expose people because of their HIV status, even without evidence, and even when cases did not proceed, the name of the person with the condition had been made public.

“This year, we have had reports of four cases and the advice was to ignore them and just 3 years ago, a lawsuit under this law was recorded. Furthermore this legislation is based on a federal law adopted in 1991; a time when it was a deadly disease with no treatment; It also violates several national and international standards and is counterproductive to an effective response to HIV.

According to CENSIDA, this measure was taken internationally, including in Mexico since the last decade of the last century as a preventive measure against transmission or as a punishment of behaviours that are perceived as ‘willful’, however, we can state that this has not worked with punitive measures, and without public health policies.

“We need to increase resources and efforts with recommended HIV prevention strategies, improve the quality and comprehensiveness of care and reduce stigma and discrimination towards key populations and people living with HIV and other STIs, considering them as part of the solution and contributiors to a fair, inclusive and democratic Mexico”, stated the National Center for the Prevention and Control of HIV and AIDS on the criminalisation of HIV and other STIs transmission.

Rudolf Geers, president of the civil association Vida Positiva stressed that in these cases the responsibility to prevent further transmission is shared; anyone who has casual sex should use a condom.

—————————————————————————

Proponen eliminar la criminalización de las personas con VIH

Esta iniciativa ha sido propuesta por la asociación civil ‘Vida Positiva’.

PLAYA DEL CARMEN, Q. Roo.- Proponen eliminar la criminalización y la penalización general de las personas con VIH por tener relaciones sexuales, especificando casos de intencionalidad consumada, mediante la modificación del artículo 113 del Código Penal de Quintana Roo.

Esta iniciativa ha sido propuesta por la asociación civil ‘Vida Positiva’ y entregada a la diputada Laura Beristaín Navarrete, presidenta de la Comisión de Salud y Asistencia Social de la XV Legislatura para su adecuación y presentación ante el Congreso del Estado a inicios del mes de octubre.

Rudolf Geers, presidente de dicha agrupación activista explicó que se tiene como objetivo que dicha legislación se sustituya por un nuevo artículo el cual sancione una transmisión de una condición de salud crónica o mortal con engaño y sin usar métodos de protección.

“Lo que nosotros proponemos que se cambie esta ley para que solo se castigue en caso de existir una transmisión, quitar la palabra peligro, castigando los casos en que hubo engaño y que no usaron protección, para poder calificar la intencionalidad de la situación. En el caso de la mujer embarazada, solo cuando la madre tiene la intención expresa de infectar al bebé sea castigado. De estos tuvimos un caso en enero de este año”, dijo el dirigente de Vida Positiva A.C.

Antecedentes registrados

Al respecto la diputada Beristain Navarrete señaló que es un tema que se estará analizando de manera responsable, que se revisará de manera adecuada para posteriormente pasarla a comisión, ya que todo proyecto hay que adecuarlo para su correcta presentación, en especial un tema delicado en referencia a riesgos sanitarios.

Por su parte, Geers aseguro que de acuerdo a los antecedentes registrados, este artículo solo ha servido para motivar casos de chantajes y extorsiones, que han amenazado con exponer a personas por su condición de VIH, incluso sin pruebas y aunque posteriormente no proceda la demanda, pero si haciendo público el nombre de la persona con este padecimiento.

“De estos hemos tenido este año reportes de cuatro casos y el consejo simplemente fue ignorarlos y hace 3 años se registró un caso de una demanda por esta ley. Además esta legislación, está basada en una federal de 1991; época en que era un padecimiento mortal al no haber tratamiento; además viola varias normas nacionales e internacionales y es contraproducente para una respuesta eficiente ante el VIH.

De acuerdo a CENSIDA, esta medida había sido tomada a nivel internacional, incluyendo a México desde la última década del siglo pasado como una medida de prevención de transmisión o castigo de conductas que se perciben como ’dolosas’, sin embargo, aseguran que esto no tendrpa éxito con medidas punitivas si no políticas de salud públicas.

Prevención y control

“Es necesario incrementar recursos y esfuerzos en las estrategias recomendadas para prevenir la transmisión del VIH, mejorar la calidad y la integralidad de la atención y disminuir el estigma y la discriminación hacia las poblaciones clave y las personas afectadas por el VIH y otras ITS, considerándolas como parte de la solución y contribuyendo a un México justo, incluyente y democrático”, señala sobre la penalización por transmisión del VIH y otras ITS en Centro Nacional para la Prevención y Control del VIH y el Sida.

Rudolf Geers, presidente de la asociación civil Vida Positiva enfatizó que en estos casos la responsabilidad para evitar nuevas transmisiones es compartida; cualquier persona que tenga relaciones sexuales casuales sebe de usar condón.

US: American Association of Nurses in AIDS Care publishes new Clinician Guidelines to HIV Criminalization

ANAC believes HIV criminalization laws and policies promote discrimination and must be reformed. The American Nurses Association (ANA) has co-endorsed ANAC’s position statement opposing HIV criminalization and joined ANAC in calling for the end to unjust laws that criminalize HIV. Thirty three states still have laws criminalizing HIV exposure. These laws fuel stigma by institutionalizing discrimination and are based on outdated beliefs. People living with HIV are still being arrested for HIV exposure. ANAC is a member of the Positive Justice Project, a national coalition to end HIV criminalization in the U.S. Read ANAC’s policy statement calling for the modernization of HIV Criminalization laws.

ANAC, with support from the Elton John AIDS Foundation has developed a downloadable tool: Clinician Guidelines to HIV Criminalization.

Download the clinician guidelines here.

USA: Policy changes in Nevada will end the segregation of prison inmates living with HIV as well as implement new positive measures to end discrimination

By SCOTT SONNER

Associated Press

RENO, Nev. (AP) – Nevada’s Department of Corrections is changing a series of policies and practices that the U.S. Justice Department says illegally discriminate against prison inmates with HIV by housing them separately and denying access to work assignments that can speed their release.

The Justice Department concluded last month the state was violating inmates’ civil rights under the policies based largely on outdated and unfounded fears about the transmission of the virus that causes AIDS.

State Corrections Director James Dzurenda announced late Wednesday that inmates with HIV no longer will be segregated from the general prison population. He also said they will be provided the same opportunities as others to win assignments to work camps where they can earn credits faster to shorten their sentences.

Other changes include new protections intended to keep inmates’ HIV status confidential, and new training for inmates and prison workers alike about how HIV is transmitted.

HIV, the human immunodeficiency virus, causes AIDS. But it cannot be transmitted through ordinary activities such as shaking hands or sharing drinking glasses, according to the U.S. Centers for Disease Control and Prevention.

Lawyers for the American Civil Liberties Union of Nevada who had complained to the Justice Department about the policies said they were impressed with the quick response by Dzurenda, who became the new corrections director in April.

“We are thrilled,” said Amy Rose, the group’s legal director in Las Vegas.

“It appears they took the recommendations from the Justice Department very seriously and took immediate corrective action,” Rose told The Associated Press. “This is good news for inmates who are currently suffering under the previous policy.”

Dzurenda said he has submitted a bill draft request to the Nevada Legislature to formalize some of the changes in state laws and regulations, and that additional changes may be forthcoming.

“The Department of Corrections is committed to a safe and human environment for each employee and inmate and will continue to review and revise other measures suggested” by the Justice Department, said Brooke Keast, the department’s public information officer.

“In an effort to decrease any negative expectations or fears on the part of non-HIV positive inmates given the new policies above, a pamphlet is being designed covering facts about HIV and the changes in policy at the NDOC,” she said.

Justice Department lawyers warned Nevada’s attorney general in a letter June 20 the state was violating the Americans with Disabilities Act. They said some inmates have been discriminated against – and in some cases threatened and harassed – as a result of the “medically unnecessary” segregation policy that stigmatizes those with HIV.

The federal agency launched an ADA compliance review after receiving complaints from the ACLU and two inmates at the High Desert State Prison in Indian Springs.

Under the new policies only limited medical personnel will have access to the identities of HIV positive inmates and that prison housing classification forms are being revised to eliminate the medical code typically associated with HIV status, Dzurenda said. If an inmate meets all the requirements for a work assignment, he or she will be considered like any other inmate, regardless of HIV status, he said.

Rose said she’s especially glad Dzurenda is submitting a bill draft request to amend the state statutes that conflict with the recommendations, and she hopes they will “continue to work toward educating inmates and staff about the real facts about HIV and the change in policy.”

Mexico: 150 police officers undergo training in HIV, AIDS and STIs in Oaxaca

English Version (Scroll down for Spanish text)

COESIDA Trained Municipal Police in HIV, AIDS and STIs

To contribute to the full training of Public Safety officers, from 4 to 8 July, staff of the State Council for the Prevention and Control of AIDS (COESIDA) trained around 150 members of the Municipal Police Force in Oaxaca de Juarez, in HIV, AIDS and other sexually transmitted infections. Ofelia Martinez Lavariega, head of the Training Department of COESIDA said that, for the third consecutive year, the workshops were conducted through the Police Academy, in coordination with the Commission for Public Safety, and Traffic and Municipal Civil Protection.

“The goal is to continue the work of awareness, prevention and detection of HIV we have carried on since 2013,” she said, while noting that only last year 120 officers were trained. This year the number of participants grew to 150, reflecting the interest in being trained in issues related to HIV and AIDS, such as masculinity and sensitive language, issues which closed the workshops this year . “This last issue is very important if we consider the characteristics of their work, and the fact that police officers have to deal with key groups – sex workers, trans* people – and that sometimes they do not know how to treat them, and without meaning to, come to violate their human rights, “said Martin Trápaga Sibaja, COESIDA trainer and psychologist.

In 2015, the Commissioner of Public Safety, Traffic and Municipal Civil Protection, José Luis Echeverria Morales, stressed the importance of carrying on with such activities which undoubtedly contribute to the integral training of security forces in the capital’s City Hall. “Today we witness greater interest from public safety officers in the workshops. Initially, the majority had no knowledge about the basic information about HIV, AIDS, about modes of transmission and even about the correct way to put a condom; but now, each time there are more who join the program and also to convey the messages to their peers, take them home and that’s very important, “he said.

In addition to the participation of psychologist Martin Trápaga Sibaja, the police officers were trained by Doctor Angeles Pérez Silva and Psychologist Angelica Castro Pineda, who invited them to exercise their sexuality responsibly and with a shared responsibility.

Capacita COESIDA a policías municipales en materia de VIH, Sida e ITS

A fin de contribuir a la formación integral de las y los elementos de Seguridad Pública, del 4 al 8 de julio, personal del Consejo Estatal para la Prevención y Control del sida (COESIDA) capacitó a alrededor de 150 elementos de la Policía Vial y Municipal de Oaxaca de Juárez, en materia de VIH, sida y otras infecciones de transmisión sexual. Ofelia Martínez Lavariega, jefa del Departamento de Capacitación del COESIDA, indicó que por tercer año consecutivo los talleres se realizan de manera coordinada con la Comisión de Seguridad Pública, Vialidad y Protección Civil Municipal, a través de la Academia de Policía.

“El objetivo es continuar con el trabajo de sensibilización, prevención y detección del VIH que hemos hecho desde 2013”, señaló, al tiempo de destacar que tan solo el año pasado fueron capacitados 120 elementos. Para este año –dijo- el número de participantes creció a 150, lo que refleja el interés por estar informados sobre temas relacionados con el VIH y sida, tales como la masculinidad y lenguaje sensible, con los que se clausuraron los talleres de este año 2016.

“Este último tema es muy importante si consideramos que por las características de su trabajo, las y los policías tienen que lidiar con grupos clave -trabajadoras y trabajadores sexuales o personas trans- a quienes en ocasiones no saben cómo tratar, y sin pretenderlo, llegan a violentar sus derechos humanos”, sostuvo Martín Trápaga Sibaja, psicólogo capacitador del COESIDA.

En el año 2015, el Comisionado de Seguridad Pública, Vialidad y Protección Civil Municipal, José Luis Echeverría Morales, resaltó la importancia de dar seguimiento a este tipo de actividades que sin duda, contribuyen a la formación integral de los elementos de seguridad del Ayuntamiento capitalino.

“Hoy vemos un mayor interés de los elementos de seguridad pública en los talleres. Al principio, la mayoría desconocía la información básica sobre el VIH, el sida, las formas de transmisión e incluso, la forma correcta de colocar un condón; pero ahora, cada vez son más los que se suman al programa y además de transmitir el mensaje entre sus compañeros, lo llevan a sus hogares y eso es muy importante”, aseguró. Además de la participación del psicólogo Martín Trápaga Sibaja, las y los policías fueron capacitados por la médica Ángeles Pérez Silva y la psicóloga Angélica Castro Pineda, quienes los invitaron a ejercer su sexualidad de manera responsable y compartida.

Liga tomada del portal OaxacaCapital.com http://oaxacacapital.com/dependencias/capacita-coesida-a-policias-municipales-en-materia-de-vih-sida-e-its/

Canada: Activist Christian Hui on why HIV criminalisation harms us all

PA: Report analyses laws used in HIV criminalisation cases in Pennsylvania and makes recommendations for improvement

AIDS Law Project of Pennsylvania, SERO Project, PWN-USA-Philadelphia. All Pain, No Gain: HIV Criminalization in Pennsylvania. AIDS Law Project of Pennsylvania, April 2016.

Download here: ALL PAIN NO GAIN: HIV CRIMINALIZATION IN PA

Australia: Queensland people living with HIV organisation, QPP, issues position statement on HIV criminalisation (press release)

Queensland Positive People (QPP) is a peer-based advocacy organisation which is committed to actively promoting self-determination and empowerment for all people living with HIV (PLHIV) throughout Queensland.

Below is their press release issued on 6 April 2016 in the light of the recent High Court ruling related to intent in HIV transmission cases.

Position Statement

The criminal law is an ineffective and inappropriate tool to address HIV non-disclosure, exposure or transmission. International best practice acknowledges that public health frameworks are best placed to encourage a shared responsibility for HIV transmission, and public health interventions seek to effect change in risk-taking behaviour among those who have difficulty taking appropriate precautions to prevent the transmission of HIV.

Urgent legal review of State and National guidelines for determining if an individual poses a reckless risk of HIV transmission is required following the scientific acceptance that PLHIV on treatment with an undetectable viral load pose a negligible risk of transmitting HIV via sexual intercourse. Despite scientific consensus on this issue, Australian criminal law has failed to acknowledge the contemporary science of HIV transmission and instead relies on incorrect, out of date and stigmatising perspectives of HIV that do not acknowledge that with proper adherence to HIV medication, it is a manageable chronic illness with a full life expectancy.

To explain why Australian criminal law lags behind United Nation recommendations and criminalises HIV transmission, Cipri Martinez, President of the National Association of People with HIV Australia (NAPWHA) states “stigma, fear and discriminatory perceptions of HIV influence the decision to proceed with criminal charges– a statement clearly evidenced by a lack of criminal prosecution or media attention regarding the transmission of other notifiable conditions such as syphilis or hepatitis.” HIV is treatable, but criminal charges perpetuate the inaccurate position that HIV is still a death sentence and therefore deserving of a severe punishment.

Current Status

A decision has been handed down in the High Court regarding a Queensland criminal HIV transmission case.

Whilst inappropriate to comment on the specifics of the case, the NAPWHA and Queensland Positive People (QPP) highlight that the trying of HIV transmission through the courts is a complex and fraught issue.

The overly broad use of the criminal law has far reaching negative impacts upon the HIV response. In line with UNAIDS guidance, NAPWHA and QPP urge that any application of the criminal law in the context of HIV must not undermine public health objectives.

Cipri Martinez states that “The use of the criminal law in responding to HIV transmission has been widely regarded as a blunt and ineffective tool with adverse implications for public health. In line with the recommendations of the UN Global Commission on HIV and the Law, the criminal law should only be reserved for cases where an individual exhibits clear malicious intent to transmit HIV with the purpose of causing harm.”

“There are alternatives to the criminal justice system to address HIV transmission or allegations that a person living with HIV is placing other people at risk of HIV, such as public health legislation” Martinez said.

Public health interventions are intended to prioritise education; support behaviour change; provide management as required; and actively utilise affected communities as a far more effective alternative to punitive and stigmatising legal sanctions.

NAPWHA and QPP support HIV prevention strategies being driven by an evidence-based, best practice model of public health interventions.

Criminalising HIV transmission sends unbalanced messages about the shared responsibility for prevention, creates disincentives for people to get tested and does, in fact, discourage disclosure of HIV status. These outcomes undermine prevention efforts and actually increase the risk of further HIV transmission.

Criminalising transmission does not acknowledge the complex factors that may impact an individual’s ability to disclose status or take the necessary precautions to prevent HIV transmission.

QPP President, Mark Counter agrees with NAPWHA’s position, saying “Public health interventions acknowledge the complex factors unique to each case, such as power imbalances, impairment, discrimination or other social determinants of health that may confuse or limit an individual’s ability to prevent transmission.”

National and State HIV strategies have identified the shared goals of achieving virtual elimination of HIV transmission in Australia by 2020.

“We are all working towards the shared goal of reducing HIV transmissions. The only way we are going to achieve this goal is by continuing to implement evidence-based human rights responses to HIV. These responses include educating the public about HIV and empowering people to avoid transmission or live successfully with HIV. The broad use of the criminal law does not help us achieve these goals” Counter says.

We need to be expanding programs which have been proven to reduce HIV transmission whilst protecting the human rights of people living with HIV and those who are HIV negative. Further, we need to encourage and empower people living with an unknown status to get tested and to ensure HIV prevention services are available to all that need them.

One of the unfortunate side effects of criminal prosecutions is the misinformed and stigmatising media that can accompany the reporting of these cases.

“We call on media outlets to appropriately report on HIV transmission cases with facts and not fear. Inaccurate statements not only undermine our efforts to educate the public about HIV, but also create an environment of fear for people living with HIV or people thinking about testing. It is vital that we encourage people to test – not discourage or frighten them from testing” Counter said.

For assistance in reporting appropriately on HIV, journalists should refer to the Australian Federation of AIDS Organisations HIV Media Guide.

Nigeria: The Network of People Living With HIV and AIDS campaigns to raise awareness of supportive Anti-discrimination Law

By Gabriel Ewepu

ABUJA- THE Network of People Living With HIV and AIDS in Nigeria, NEPWHAN, yesterday, commenced sensitisation of Nigerians on the Anti-discrimination Act 2014, on stigmatisation of people living with HIV.

The National Coordinator, NEPWHAN, Victor Olaore, said the sensitisation about the law will create awareness about the penalty of discrimination and stigmatisation against people living with HIV.

He said: “Stigma and discrimination is still high in the country, especially in the community, people living with HIV still suffer high level of stigmatisation. In fact, even in the facility they are expected to receive treatment, most people still get stigmatised in the work place, and we felt that the stigma index survey that was conducted in the country shows evidence of documented cases of what people living with HIV suffer.

“These are the tools that have helped us to advocate for the passage of Anti-discrimination Bill. Now that we have the law, since 2014, many Nigerians are not aware that such a law exists – not even people living with HIV in our communities in the country are aware that we have a law that protects the rights and dignity of people living with HIV.

“This law has very comprehensive content and is detailed enough, and there is no excuse about it, and we want to make it clear that people will not say they are not aware of the law.

“We have plan to also step down the dissemination at the state level, we are disseminating this document to 1, 030 support groups we have across the country, and we are going to distribute it all over the states, and more partners and media in each state are going to be aware that we have this law at the national level.

“We want to educate people living HIV that there is a legal framework that can protect their right and their dignity in the country. We want the employers of labour and every other person in the society to know that there is this law that has been in existence in the country since 2014, and people should stop stigmatisation, denying employment of highly productive Nigerians irrespective of their HIV status.”

According to him NEPWHAN will set up hotlines where people living with HIV who have crisis or being stigmatised could call in and have referral and legal services, as the organisation has partnered with Human Rights Commission on issues of discrimination and stigmatisation.

Meanwhile, a 26 year old woman, Gloria Asuquo, and a member of Association of Positive Youths Living with HIV/AIDS in Nigeria, narrated her ordeal of stigmatisation and discrimination.

“At the earlier stage in 1999 I had to run away from the village I lived because of the stigma. I was stigmatised from my church, at home, in the community. I tested positive when I was 11 years old, and it was through blood transfusion I got infected in a general hospital.

“After my rescue and treatment at Gwagwalada Specialist Hospital, I stood with people living with HIV, and for them to stand for their right. I was denied admission as a result of my status, which they withdrew my admission letter.

“My advice for people living with HIV is for them to be happy because the federal government have recognised them and they should go to the health facility and most of them don’t like going to the hospital because of stigma, and they should go for the treatment, and if any further discrimination they should call and report, and we will take it up”, she stated.

Originally published in Uncova

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