Canada: Google refuses to suppress name-based search results in dismissed HIV criminalisation case

Google wants to keep HIV status of underage Canadian in search results

Canada’s data protection authority wants to enforce a version of the “right to be forgotten” that is reduced to a specific risk. Google is not playing along.

Google refuses to accept the Canadian version of the“right to be forgotten“, even though it is significantly reduced and better protected against abuse than the European version. Google’s refusal poses a problem for the monarchy’s weak data protection authority. The starting point of the dispute is media reports found via Google’s search engine about the arrest and prosecution of an HIV-positive, underage person, probably over a decade ago.

The person was once accused of not disclosing their HIV status prior to sexual contact. Canadian media reported on this, citing the person’s full name and sexual orientation. The data protection authority does not consider the reports to be a violation of the law.

However, the charges against the minor were quickly dropped because the results of the investigation showed that the person had never posed a risk to the health of others. Canada’s federal prosecutor generally does not prosecute cases where there was no realistic risk of infection. But if you enter the person’s name into Google’s search engine, you will still find the media reports about the arrest and charges for the alleged sexual offense at the top.

The consequences for the person are dire: physical attacks, difficulties finding work, social ostracism. She would like hyperlinks to outdated media reports to no longer appear in Google’s search results when her name is entered. When Google refused, the complainant turned to the Office of the Privacy Commissioner of Canada in 2017.

Years of dispute over jurisdiction

The Office opened proceedings, but Google claimed that the authority was not allowed to investigate the search engine. It was used for journalistic purposes, for which the Canadian federal data protection law PEPIDA provides an exception. The authority went to court and won a declaration at both first (2021) and second instance (2023) that “every part” of the search engine is covered by the Canadian federal privacy law PEPIDA, especially as the search does not exclusively serve journalistic purposes.

Nevertheless, Google still refuses to suppress the hyperlinks to the media reports when a person’s name is entered. The authority is by no means demanding that the media reports be deleted from the index altogether. They may continue to be linked when other search terms are entered, but this should no longer happen when the name of the person concerned is entered. To this end, the data protection authority refers to a central rubber paragraph of the law (PEPIDA paragraph 5 section 3): “An organization may collect, use or disclose personal information only for purposes that a reasonable person would consider are appropriate in the circumstances.” (E.g.: Organizations may collect, use and disclose personal information only for purposes that a reasonable person would consider appropriate in the circumstances).

Personal protection vs public interest

Under certain limited conditions, it follows that search results may be unlawful: If the search results are likely to cause significant harm to an individual, and this outweighs the public interest in the search results when the individual’s name is entered.

In this particular case, this public interest, if any, was low because the person in question was not a person of public interest and the media reports revolved around highly sensitive information about private life, not public activities or working life. Furthermore, the charges were quickly suspended; according to current guidelines, they would hardly ever have been brought.

Although there is public discourse about criminal sanctions for undisclosed HIV status, the public can find the specific media reports via thematic search terms; the ability to find them via a person’s name does not contribute significantly to the discourse.

Most of the linked articles would report incompletely and misleadingly, as they do not mention the subsequent resting of the charges. They also fail to mention the federal and provincial guidelines for not pressing charges without risk of infection. Without this context, readers could gain a false impression, which could seriously harm the person named. In general, the articles were published many years ago, which also reduces the public interest in linking to them.

Infringement remains without consequences

By continuing to disseminate the links after entering the person’s name, Google permanently violated the cited legal provision. However, the Canadian Federal Data Protection Agency can neither impose fines nor impose conditions; it is limited to recommendations. Google does not want to implement these.

“Individuals have the right under Canadian privacy law to have information about themselves removed from online search results after entering their name in certain circumstances where there is a significant risk of harm that outweighs the public interest in that information being made available through such a search,” says Canada’s Privacy Commissioner Philippe Dufresne. His authority will “consider all available options to ensure Google’s compliance with the law.” What this will look like remains to be seen.

Comparison with Europe

The Canadian data protection authority’s access to a “right to be forgotten” has the advantage over the European model of less potential for abuse. Legal web content is not to be deleted from the search index as a matter of principle; rather, the focus is on protecting those affected. Anyone searching specifically for such content should not be able to easily find content that is dangerous for those affected, while other search terms will continue to lead to the target. The fact that a person’s name is also listed there has little effect on people who are largely unknown.

In the European model, the webpage as a whole is regularly filtered out of the search results, regardless of the search term. This leads to abuse if user comments are published on the same webpage. Anyone who doesn’t like a media report, for example, writes a “drunk” post underneath it. The poster is soon “embarrassed”, which is why he requests the search engines to suppress the webpage. The search engines have to obey. The operators of the affected website never find out about the delisting, which the European “affected party” has enforced without a court ruling.

Our 2024 Annual Report:
A Year of Progress, Challenge and Purpose

Today with the publication of our 2024 Annual Report we look back at our achievements last year.

The report is published by the HIV Justice Foundation, an independent non-profit legal entity registered in the Netherlands as Stichting HIV Justice, which serves as the fiscal organisation for the HIV Justice Network (HJN) and other related activities.

In a world increasingly shaped by political upheaval and public health fatigue, HIV criminalisation remains a glaring human rights crisis. In 2024, the HIV Justice Network and our HIV JUSTICE WORLDWIDE partners navigated both hard-fought wins and sobering setbacks. Yet, despite these setbacks, the global movement against HIV criminalisation remains strong and united.

From law reform to expanded training, and from renewed coalitions to powerful storytelling, our advocacy continues to make an impact. Welcome reforms in several countries signal growing momentum for change. But stigma and anti-rights agendas are also driving continued misuse of the criminal law. We recorded 65 new HIV criminalisation cases this year, up from 57 in 2023 – in 20 countries. These cases, and the persistence of HIV-specific criminal laws in 79 countries, underscore the need for accelerated advocacy and resources.

In 2024, we expanded the reach of the HIV Justice Academy and deepened community engagement globally, while continuing to centre the voices of those most affected by HIV criminalisation. A mid-term review of our 2022–2026 Strategic Plan led us to sharpen our focus on intersectionality and sustainability and helped identify emerging areas of concern, including HIV-related migration and travel restrictions. This laid the foundation for the launch of Positive Destinations, the new home for what was previously hivtravel.org – the key source of information globally about this issue. It reflects our commitment to freedom of movement and dignity for people living with HIV.

None of this would have been possible without our dedicated team, our partners, and our funders. We’re especially grateful to the Robert Carr Fund, Gilead Sciences and the Levi Strauss Foundation for sustaining our work in a year marked by financial uncertainty.

As we face 2025 and beyond, the path remains steep, but not insurmountable. Every unjust law challenged, every advocate supported, every narrative shifted brings us closer to our vision: a world where no one is criminalised or discriminated against because of their HIV status.

Links

Our 2024 Annual Report

Support HJN’s work with a donation

US: Missouri prison system ends solitary confinement policy targeting people with HIV

A Woman With HIV Spent Six Years in Solitary. She Sued and Missouri Will Change Its Policy.

Honesty Bishop was attacked by her cellmate. Prison officials deemed her sexually active and kept her in isolation for more than 2,000 days.

Honesty Bishop could hear the screams of other people in solitary confinement. Sometimes it was so cold in her cell, she could see her breath. She dealt with scabies and mold. Her days and nights were spent in extreme isolation.

The Missouri Department of Corrections kept her locked in a cell about the size of a parking space for over six years.

She wrote letters to her sister, Latasha Monroe, in St. Louis. They both wondered why Bishop continued to be held in such severe conditions at Jefferson City Correctional Center, a men’s facility.

Interviews and records on Bishop’s years in solitary confinement paint a dark picture of a person who felt alone and hopeless, and, in the depths of despair, was driven to self-harm.

Bishop, a transgender woman, initially landed there after her cellmate tried to sexually assault her in spring 2015.

She was HIV-positive and because of the assault was classified as “sexually active” — even though she was the victim and had been on medication, making the virus undetectable and therefore untransmissible, according to a federal lawsuit filed against the Missouri Department of Corrections.

Among the reasons people can be kept in isolation, according to the department’s policy, are murder, rape and being sexually active with HIV. In her suit, Bishop said corrections officials kept her in solitary confinement because of her HIV status.

Whenever she appeared before a committee that reviewed her placement in solitary, which generally took place every 30 or 90 days, corrections officials noted 15 times when Bishop had no violations since the previous review.

“I’ve been good,” she told them during a hearing on her solitary confinement in January 2016, and again that September.

Though she filed grievances about how long she had been kept in solitary, her pleas were ignored. Department of Corrections officials wouldn’t release her from the unit until 2021 — after more than 2,000 days.

Missouri is one of three states that singles out people with HIV when it comes to solitary confinement, according to a review of 49 states’ policies on administrative segregation and restrictive housing.

The department’s HIV policy will now be changed under the terms of an Aug. 20 settlement that resulted from the lawsuit.

The state agreed to remove language singling out people with HIV for segregation. The terms also include conducting an assessment of anyone with HIV who is sent to solitary and mandatory training for some prison staff.

The department would not comment specifically on the policy or the lawsuit. Karen Pojmann, a spokeswoman for the agency, said a committee is in the process of overhauling restrictive housing. Two prisons are piloting a new model that includes “meaningful hearings” and programming to help people reenter the general population in prison, she said.

Bishop did not live to see the policy change — she died by suicide on Aug. 13, 2024. She was 34.

Global study reveals 50 countries still enforce HIV-related travel restrictions

A new global study presented this week at the 13th IAS Conference on HIV Science in Kigali (IAS 2025) has revealed that 50 countries around the world continue to enforce HIV-related travel and residence restrictions, in clear violation of international human rights principles.

The data, shared by the HIV Justice Network through its new platform Positive Destinations, highlights the persistence of discriminatory laws and policies that prevent people living with HIV from freely travelling, working, studying, or settling in many parts of the world.

Despite progress – 83 countries now have no HIV-specific travel restrictions, and many others have adopted more inclusive approaches – 17 countries still impose severe measures such as outright entry bans, mandatory testing, and deportation. These include Bhutan, Brunei, Egypt, Iran, Kuwait, Malaysia, Russia, and the United Arab Emirates. Migrants and students are often disproportionately affected, with some unaware of the rules until after testing or disclosure, resulting in forced returns, loss of income, and separation from families.

Another 33 countries – including Australia, Canada, Kazakhstan, the Philippines, Saudi Arabia, and Singapore – have partial restrictions. These include requirements for HIV testing in visa applications, discretionary decisions based on perceived healthcare costs, and reduced access to essential services. Although these policies may appear neutral on the surface, they continue to disadvantage people living with HIV.

“These restrictions are rooted in outdated public health thinking and perpetuate stigma,” said Edwin J Bernard, HIV Justice Network’s Executive Director. “They obstruct access to healthcare, education, and family life, especially for migrants and refugees.”

   Click on the image to download the poster

In 2024, Positive Destinations documented several cases of deportation based solely on HIV status: Kuwait deported over 100 people, Russia’s Dagestan region deported nine, and Libya deported two. Such practices are increasingly being challenged by legal action. In Canada, for example, a court case led by the HIV Legal Network contests the “excessive demand” clause of immigration law, arguing it violates the country’s Charter of Rights and Freedoms.

However, policy reform has been uneven. Australia raised its health cost threshold for visa eligibility, slightly easing access to temporary stays, but permanent residency remains elusive for many people with HIV. A recent case saw an Italian teacher denied residency due solely to his HIV-positive status.

The study also underscores how HIV-related migration barriers often intersect with other forms of criminalisation and discrimination. In Uzbekistan and Russia, HIV criminalisation laws are paired with mandatory HIV testing for migrants. In the U.S., HIV-positive and LGBTQ+ asylum seekers continue to face mistreatment in detention centres. And in a tragic case in Turkey, a Syrian trans woman was reportedly deported after her HIV status was disclosed and later killed upon return.

The authors of the study call for urgent action: “Eliminating these harmful policies is essential to ending AIDS, achieving universal health coverage, and upholding the dignity and rights of people living with HIV everywhere,” said Bernard.

Positive Destinations, which hosts the updated Global Database on HIV-Specific Travel and Residence Restrictions, is available at www.positivedestinations.info

EP0623 Addressing HIV-related travel restrictions: Progress and challenges in eliminating discriminatory policies by Edwin J Bernard, Sylvie Beaumont, Elliot Hatt, and Sofía Várguez was presented at IAS2025 by Brent Allan at the 13th IAS Conference on HIV Science, Kigali, Rwanda.

New global data reveals rising HIV criminalisation amid stalling legal reforms

The HIV Justice Network published new data this week showing a troubling rise in the number of people criminalised for HIV non-disclosure, potential or perceived exposure, or unintentional transmission in 2024 and the first half of 2025. As legal reforms appear to be stalling, discriminatory prosecutions, harsh sentences, and misuse of outdated laws continue to impact people with HIV and the HIV response.

The figures, presented at the 13h IAS Conference on HIV Science (IAS 2025) in Kigali, Rwanda, are drawn from the Global HIV Criminalisation Database. The database documents criminal cases and legal developments involving HIV-specific or general criminal laws worldwide.

In 2024, at least 65 HIV criminalisation cases were reported across 22 countries – up from 57 in 2023 and 50 in 2022. Russia (25 cases) and the United States (11) led the global tally, followed by Uzbekistan, Spain, Argentina, Belarus, Senegal, and Singapore. For the first time, prosecutions were documented in Panama and Uruguay.

The upward trend continued into 2025, with 48 cases reported in just the first six months. Uzbekistan (28) and Russia (9) again accounted for the majority, alongside new cases in the U.S., Canada, and Argentina. However, the actual number of cases is likely much higher, particularly in Eastern Europe, Central Asia, and the United States, where civil society organisations report many cases go undocumented.

“These cases show that HIV criminalisation remains a global crisis,” said Edwin J. Bernard, Executive Director of the HIV Justice Network. “Far too often, people living with HIV are prosecuted not for causing harm, but simply for living with a health condition – often in ways that are unscientific, discriminatory, and deeply unjust.”

                 Download the poster by clicking on the image

The report highlights the intersection of HIV criminalisation with racism, homophobia, gender-based discrimination, and systemic inequality. In Senegal, for example, prosecutions have disproportionately targeted LGBTQ+ individuals. In the U.S., criminal laws continue to be weaponised against communities of colour, even in cases involving no risk of transmission – such as spitting, or sex with an undetectable viral load.

One of the most alarming cases occurred in South Africa, where a former soldier was sentenced to life plus ten years for rape and attempted murder after failing to disclose his HIV status to a consenting partner – despite no evidence of intent or actual transmission. Advocates warn that such cases equate HIV non-disclosure with sexual violence and undermine decades of public health and human rights gains.

Yet, amidst the setbacks, 2024/2025 also brought some signs of hope. Maryland and North Dakota fully repealed their HIV-specific laws, while Tennessee removed mandatory sex offender registration for HIV-related convictions. Mexico City and Colima repealed vague “danger of contagion” laws, and Ukraine’s parliament voted to remove HIV from its criminal code.

In Zimbabwe, community activism helped block a proposal to re-criminalise HIV transmission. However, a new law was introduced criminalising the deliberate transmission of STIs to children, including HIV – raising fears it could be used against mothers living with HIV, particularly in breastfeeding cases.

Despite these advances, HIV criminalisation remains widespread. A total of 83 countries still have HIV-specific laws, and 23 countries reported prosecutions in this period using either HIV-specific or general laws. The HIV Justice Network warns that without urgent action, the world is unlikely to meet UNAIDS’ target of reducing punitive laws to below 10% of countries by 2030.

“The path forward must be rooted in science, rights, and community leadership,” Bernard said. “We must end laws that punish people for their status, and instead build legal systems that support health, dignity, and justice.”

EPO622 Recent progress and setbacks in HIV criminalisation around the world by Edwin J Bernard, Sylvie Beaumont, and Elliot Hatt was presented at IAS 2025 by Paul Kidd at 13th IAS Conference on HIV Science in Kigali, Rwanda.

 

HIV Unwrapped: Justice in Every Stitch

At the intersection of science, art, and activism, HIV Unwrapped is a bold new exhibit reimagining the lab coat as a symbol of resistance, resilience, and representation.

HIV Unwrapped reveals not only the fabric of HIV science, but the human stories stitched within.

Among the collaborations launched today at the 13th IAS Conference on HIV Science in Kigali is a garment created by Kigali-based fashion design student, Dolice Niyomukiza, in partnership with HIV Justice Network’s Executive Director, Edwin Bernard.

Working remotely through online meetings and WhatsApp messages, Dolice and Edwin forged a creative partnership grounded in storytelling, symbolism, and shared commitment.

Dolice’s design, inspired by the ongoing fight for HIV justice, incorporates visual elements representing both the scales of justice and the weight of stigma. 

“My design was inspired by the idea that having HIV is not a crime,” Dolice explains. “My goal was to fight stigma and make people feel strong, loved, and safe.”

Her sketches evolved into a garment that embodies both struggle and strength – a powerful tribute to those unjustly criminalised because of their HIV status.

“Dolice listened deeply,” said Edwin. “She translated complex legal and social issues into fabric, texture and form. Her design doesn’t just speak – it demands to be heard.”

Dolice is one of 12 students from Rwanda Polytechnic – Kigali College (IPRC-Kigali) whose designs feature in the exhibition, alongside peers from London’s Central St Martins and Melbourne’s Royal Institute of Technology.

Together, their work weaves a global narrative of creativity and courage, shaped by cross-continental collaboration.

Today’s launch brought many of these young designers together to showcase their work and share their stories.

The event was hosted by Karl Schmid, HIV-positive broadcaster and host of +LIFE, with welcoming remarks from Beatriz Grinsztejn, President of the International AIDS Society.

Additional speakers included Alexis Apostolellis, CEO of ASHM; Dr. Alice Ikuzwe, Deputy Principal of Academics and Training at IPRC-Kigali; and Ophelia Haanyama, a woman living with HIV from Zambia who migrated to Sweden in 1991.

Criminalization and funding cuts threaten global progress against HIV/AIDS

High-risk HIV groups facing record levels of criminalisation as countries bring in draconian laws

Curbs on LGBTQ+ rights and a halt to US funding may reverse decades of progress in fight to end Aids epidemic, warns UNAids.

People at higher risk of HIV, such as gay men and people who inject drugs, are facing record levels of criminalisation worldwide, according to UNAids.

For the first time since the joint UN programme on HIV/Aids began reporting on punitive laws a decade ago, the number of countries criminalising same-sex sexual activity and gender expression has increased.

In the past year, Mali has made homosexuality a criminal offence, where the law previously only banned “public indecency”, and has also criminalised transgender people. Trinidad and Tobago’s court of appeal has overturned a landmark 2018 ruling that decriminalised consensual same-sex relations, reinstating the colonial-era ban. In Uganda, the 2023 Anti-Homosexuality Acthas “intensified the proscription of same-sex relations”, and Ghana has moved in a similar direction with the reintroduction of legislation that would increase sentences for gay sex.

The crackdown on gay rights comes as the fight against HIV/Aids has been hit by abrupt US funding cuts, which have combined with “unprecedented” humanitarian challenges and climate crisis shocks to jeopardise hopes of ending the global epidemic this decade, UNAids said.

Several groups of people, known as “key populations”, are more likely to be infected with HIV. They include sex workers, gay men and other men who have sex with men, people who inject drugs, transgender people, and those in prisons and other enclosed settings.

In 2025, only eight of 193 countries did not criminalise any of those groups or behaviours, or criminalise non-disclosure of HIV status, exposure or transmission, according to the report.

The number of people infected by HIV or dying from Aids-related causes in 2024 was the lowest for more than 30 years, according to the UNAids annual report, at 1.3 million and 630,000 respectively.

Progress was uneven – ranging from a 56% fall in infections since 2010 in sub-Saharan Africa to a 94% increase in the Middle East and North Africa. But coupled with scientific advances – such as twice-yearly drugs to prevent infection – the world had the “means and momentum” to end Aids as a public health threat by 2030, an internationally agreed goal, it said.

However, that has been “seriously jeopardised” in the early months of this year after sweeping US aid cuts that could undo decades of progress. In January, Donald Trump cut funding that had underpinned much of the global HIV response almost overnight.

The report highlights HIV-prevention services as an area of concern, with many particularly reliant on donor funding. The reported number of people receiving preventive drugs in Nigeria in November 2024 was approximately 43,000. By April 2025, that number had fallen to below 6,000.

Activists say access to prevention will be a particular issue for key populations, who may not be able to access mainstream healthcare due to factors such as stigma or fear of prosecution, but relied on donor-funded community clinics that have now closed.

Key populations were “always left behind”, said Dr Beatriz Grinsztejn, president of the International Aids Society (IAS).

The report is being released before an IAS conference next week in Kigali, Rwanda, where researchers will share data on the impact of cuts.

Modelling by Bristol University calculated that a one-year halt in US funding for preventive drugs in key populations in sub-Saharan Africa would mean roughly 700,000 people no longer used them, and lead to about 10,000 extra cases of HIV over the next five years.

UNAids modelling suggests that without any replacement for funding from US Pepfar (president’s emergency plan for Aids relief), an additional 4m deaths and 6m new infections could be expected globally by 2029.

However, Winnie Byanyima, executive director of UNAids, said 25 of the 60 low- and middle-income countries included in the report had found ways to increase HIV spending from domestic resources to 2026. “This is the future of the HIV response – nationally owned and led, sustainable, inclusive and multisectoral,” she said.

Benin: MPs attend workshop to gain up-to-date knowledge to support review of HIV Law

HIV/AIDS in Benin: towards a review of the law on prevention and care, MPs equipped

Translated with Deepl – Scroll down for original article in French

In Grand Popo, MPs and officials from the National Assembly are meeting for an update workshop on HIV/AIDS, an initiative aimed at strengthening the national response through the revision of existing legislation, which has become obsolete in the face of new challenges posed by the pandemic.

Members of the National Assembly’s standing committees and parliamentary administrators, brought together at the initiative of the Benin Parliamentary Institute (IPaB) and the Health Programme to Combat AIDS (PSLS), are attending a briefing workshop supported by UNAIDS. The objective is clear: to equip elected officials and managers with up-to-date knowledge to support the revision of Law No. 2005-31 of 5 April 2006, which is now outdated in light of the evolution of the pandemic.

MP Victor Topanou, chair of the education committee, opened the proceedings on Monday 30 June 2025. He emphasised the central role of parliamentarians in the fight against HIV/AIDS. In view of the decline in attention in recent years, particularly due to the COVID-19 health crisis, he reiterated the urgent need to revitalise political and legislative action. He stressed that MPs are both community leaders and lawmakers, and are responsible for ensuring the political will necessary to eradicate HIV/AIDS by 2030.

The call for legal reform was well received by participants. Dr Diallo Yayé Kanny, UNAIDS Country Director in Benin, highlighted the need to update the legal framework at a time when international standards are evolving and challenges remain. She called on MPs to examine the upcoming bill with diligence. She emphasised the importance of a text that incorporates scientific advances and human rights protection requirements.

According to Dr Anita Wadagni of the Ministry of Health, the future law aims to strengthen protection for people living with HIV/AIDS, guarantee equitable access to care, combat stigma and regulate the responsibilities of public and private actors. This modernised vision is part of an inclusive and humanistic approach, in line with the country’s public health ambitions.

The discussions also highlighted the current epidemiological picture. While the prevalence rate among adults aged 15 to 49 is declining (0.7% in 2024), disparities remain, with much higher rates in certain regions and key populations. The UNAIDS Country Director recalled that, despite significant progress—a 46% decline in new infections and a 55% decline in AIDS-related deaths between 2010 and 2023—international targets remain out of reach.

The workshop, punctuated by three presentations and lively debates, aims to equip parliamentarians to rise to the challenge.

VIH/SIDA au Bénin : vers la relecture de la loi portant prévention et prise en charge, des députés outillés

À Grand Popo, députés et cadres de l’Assemblée nationale se réunissent pour un atelier de mise à jour sur le VIH/SIDA, une initiative visant à renforcer la riposte nationale à travers la révision de la législation en vigueur, devenue obsolète face aux nouveaux défis de la pandémie.

Membres des commissions permanentes de l’Assemblée nationale et responsables administratifs du Parlement, réunis à l’initiative de l’Institut parlementaire du Bénin (IPaB) et du Programme santé de lutte contre le SIDA (PSLS), bénéficient d’un atelier de briefing soutenu par l’ONUSIDA. L’objectif est clair : doter les élus et cadres de connaissances actualisées pour accompagner la révision en vue de la loi No 2005-31 du 5 avril 2006, désormais dépassée face à l’évolution de la pandémie.

Le député Victor Topanou, président de la commission de l’éducation, a ouvert les travaux, lundi 30 juin 2025. Il a insisté sur le rôle central des parlementaires dans la lutte contre le VIH/SIDA. Face à la baisse d’attention observée ces dernières années, notamment en raison de la crise sanitaire liée à la COVID-19, il a rappelé l’urgence de redynamiser l’action politique et législative. Les députés, a-t-il souligné, sont à la fois relais communautaires et artisans du droit, garants de la volonté politique nécessaire à l’éradication du VIH/SIDA à l’horizon 2030.

Le plaidoyer pour une réforme de la loi a reçu un écho favorable auprès des participants. Dr Diallo Yayé Kanny, Directrice-Pays de l’ONUSIDA au Bénin, a relevé la nécessité de mettre à jour le cadre légal, à l’heure où les standards internationaux évoluent et où les défis persistent. Elle a appelé les députés à examiner avec diligence le projet de loi à venir. Elle a souligné l’importance d’un texte qui intègre les avancées scientifiques et les exigences de protection des droits humains.

La future loi, selon Dr Anita Wadagni du ministère de la Santé, vise à renforcer la protection des personnes vivant avec le VIH/SIDA, garantir un accès équitable aux soins, lutter contre la stigmatisation et encadrer les responsabilités des acteurs publics et privés. Cette vision modernisée s’inscrit dans une dynamique inclusive et humaniste, en phase avec les ambitions de santé publique du pays.

Les échanges ont également mis en lumière le tableau épidémiologique actuel. Si le taux de prévalence chez les adultes de 15 à 49 ans est en baisse (0,7% en 2024), des disparités subsistent, avec des taux bien plus élevés dans certaines régions et populations clés. La Directrice-Pays de l’ONUSIDA a rappelé que, malgré des progrès notables — une baisse de 46% des nouvelles infections et de 55% des décès liés au SIDA entre 2010 et 2023 —, les objectifs internationaux restent encore hors de portée.

Les travaux de l’atelier, rythmés par trois communications et des débats nourris, visent à outiller les parlementaires pour qu’ils soient à la hauteur des enjeux.

New Zealand: Survey launches to find out how HIV criminalisation laws impact lives

New Zealand’s Outdated HIV Criminalisation Laws Need To Change

New Zealand is falling behind the rest of the world in decriminalising HIV. In Aotearoa people living with HIV can still be criminalised for not disclosing their status, even when there is no risk of transmission, creating barriers to the global goal of ending HIV transmission.

A new nationwide survey launched today is inviting people living with HIV in Aotearoa to share how the country’s outdated criminalisation laws and policies have affected their lives, as calls grow for urgent policy reform. The survey will also be assessing knowledge of the laws and public health pathways for managing HIV transmission.

Burnett Foundation Aotearoa, in partnership with Body Positive, Positive Women Inc and Toitū Te Ao, has launched the anonymous survey to gather insights from people living with HIV about how implementation of the current criminal laws, stigma, and public attitudes related to the management of HIV transmission have impacted their lives, wellbeing, and relationships.

“It is time that our laws and policies get up to speed with science, fairness, and human rights,” says Burnett Foundation Aotearoa Chief Executive Liz Gibbs. “Historically, we have been world leaders in our HIV response, but we are falling behind when it comes to how the law treats people living with HIV.”

“Criminalising people living with HIV doesn’t reduce transmission. It increases fear and stigma, which discourages people from testing and accessing treatment.”

Under the Crimes Act, it is a serious offence to deliberately infect someone with a disease—punishable by up to 14 years in prison—and HIV is the only condition this law is applied to.

Using a condom removes the legal need to disclose, but the law hasn’t been tested for people with an undetectable viral load, where there is zero risk of passing on the virus. New Zealand’s outdated legal system doesn’t reflect this scientific reality.

New Zealand among top HIV criminalisation hotspots

According to international research by the HIV Justice Network, New Zealand ranks among the top 15 HIV criminalisation hotspots in the world. There have been 10 criminal cases per 10,000 diagnosed individuals living with HIV. This places Aotearoa alongside countries like Canada, Russia, and the United States, despite its comparatively low HIV prevalence and small population.

“This kind of data shows how out of proportion our current response is,” says Gibbs. “It’s not just outdated, it’s excessive. And it targets some of the most marginalised and vulnerable people in our communities.”

Globally, HIV criminalisation has been shown to disproportionately affect people who already face systemic inequality, including those impacted by drug use, sex work, migration status, poverty, gender identity, and sexuality. Many prosecutions proceed even when no HIV transmission has occurred, often based on outdated ideas of risk.

Criminalisation a major barrier to HIV elimination

To meet the goals in New Zealand’s National HIV Action Plan and eliminate new transmissions, Gibbs says we must remove legal barriers that punish rather than support people living with HIV.

“We know what actually prevents transmission: testing, treatment, and education, not laws that scare people out of disclosing their status,” she says.

“We have an opportunity to lead the world again, but only if we listen to those most affected by our current legal framework.”

Have your say

The survey is open to anyone living with HIV in Aotearoa and takes around 10 minutes to complete. All responses are anonymous. The results will help shape future advocacy, inform legal reform, and improve access to health services.

Survey link: www.surveymonkey.com/r/NZHIVCRIM
More info: burnettfoundation.org.nz/hiv-criminalisation-survey

Mexico: Federal Health Ministry issues favorable opinion on HIV decriminalisation initiative

Jaime López celebrates the Ministry of Health’s favourable opinion to repeal the crime of ‘danger of contagion’ from the Federal Criminal Code

Translated with Deepl. Scroll down for original article in Spanish.

• The president of the Diversity Commission also reports on the 2025 LGBT Cup, with the participation of more than 2,000 athletes from across the country
• He announces that weddings and gender identity procedures will be held during the 47th LGBTTTIQ+ community march tomorrow, Saturday

Legislative Palace of San Lázaro, 27-06-2026.- Deputy Jaime López Vela (Morena), president of the Diversity Commission, welcomed the favourable opinion issued by the Ministry of Health (Ssa) to repeal the crime of ‘danger of contagion’ contained in the Federal Criminal Code, which has been criticised by UNAIDS, the international body that dictates policies for the Human Immunodeficiency Virus (HIV) AIDS pandemic.

At a press conference accompanied by Alejandro Pizano, director of Sexual and Gender Diversity in the state of Colima, and Almendra Negrete, national secretary for Sexual Diversity for Morena, as part of Pride Month activities, he recalled that UNAIDS has previously stated emphatically that this criminalisation further delayed positive results.
He therefore mentioned that in 2024 he presented an initiative to repeal the crime of ‘danger of contagion’ provided for in the Federal Penal Code, in order to end the criminalisation of people with sexually transmitted infections, such as the Human Immunodeficiency Virus (HIV) AIDS, which was endorsed by the Justice Commission.

‘Among the components needed to bring this initiative to the floor was the opinion of the Ministry of Health, and the good news is that yesterday, through the Legal Department of the Ministry, of the Federal Government led by President Claudia Sheinbaum, we received a favourable opinion, affirming that it is necessary to repeal this crime in order to allow for better care for the HIV pandemic.’

In addition, López Vela stressed that the proposal is part of the ‘new model of HIV care,’ developed in collaboration with the National Centre for the Prevention and Control of HIV/AIDS (CENSIDA).

On the eve of the 47th march of the LGBTTTIQ+ community, the deputy also reported on the 2025 LGBT Cup, with the participation of more than 2,000 athletes from across the country, and announced that weddings and gender identity procedures will be held during the march.

‘The Mexico City Government has provided a space for couples who wish to get married to do so (…) we are also going to sponsor a couple of friends who came expressly from Puerto Vallarta,’ he explained.
López Vela reiterated the commitment of the Diversity Commission and said, ‘here we are working with pride and dignity for equality and non-discrimination.’

Alejandro Pizano Gómez, director of Sexual and Gender Diversity Services for the state of Colima, highlighted the state’s progress in terms of inclusion.

‘Colima has been a national benchmark. When other states prohibited same-sex marriage, in Colima (…) thanks to our current governor, people were able to access this right,’ he said.

He recalled that in 2023, the crime of danger of contagion was repealed in the state, and he emphasised the comprehensive support provided to transgender people in their identity procedures. ‘Colima is the smallest state in Mexico, but it is the largest in cultural wealth (…) and above all, it is great because we are recognised in our diversity.’

For her part, Almendra Negrete Sánchez, Morena’s national secretary for sexual diversity, called on citizens to join the party’s contingent during tomorrow’s march:‘From this platform, I call on our representatives to march with the LGBTTTIQ+ community on 28 June to demand the rights and freedoms that have always been denied us,’ she said.

On another issue, López Vela condemned the events that took place in the Senate, where Senator Lili Téllez (PAN) verbally attacked members of the LGBTTTIQ+ community during a forum convened by Senator Alejandra Arias (Morena).

‘From the Chamber of Deputies, we tell Senator Lili Téllez that her actions do not surprise us. This is precisely how these intolerant groups, these disrespectful groups, these PRIAN groups act,’ he said.

The deputy denounced that, although some political actors appear to empathise with the community, their actions reveal the opposite. ‘They say they are very “gay friends”, but the truth is that when it comes to their votes and their interventions (…) it is very clear who they are. They don’t need to come out of the closet, they have lived outside the closet of intolerance.’

Celebra Jaime López opinión favorable de la Ssa para derogar el delito de “peligro de contagio” del Código Penal Federal

• El presidente de la Comisión de Diversidad informa también sobre la realización de la Copa LGBT 2025, con la participación de más de 2 mil atletas de todo el país
• Anuncia que se celebrarán bodas y trámites de identidad de género durante la 47 marcha de la comunidad LGBTTTIQ+, mañana sábado

Palacio Legislativo de San Lázaro, 27-06-2026.- El diputado Jaime López Vela (Morena), presidente de la Comisión de Diversidad, celebró la opinión favorable emitida por la Secretaría de Salud (Ssa) para derogar el delito de “peligro de contagio” contemplado en el Código Penal Federal, el cual ha sido criticado por ONU SIDA, organismo internacional que dicta las políticas de atención a la pandemia del Virus de Inmunodeficiencia Humana (VIH) Sida.

En conferencia de prensa acompañado de Alejandro Pizano, director de Atención a la Diversidad Sexual y de Género del estado de Colima y de Almendra Negrete, secretaria nacional de Diversidad Sexual de Morena, en el marco de las actividades por el Mes del Orgullo, recordó que ONU SIDA ha declaró anteriormente, de manera contundente, que esta criminalización retrasaba más los resultados positivos.

Por ello, mencionó que en 2024 presentó una iniciativa para derogar el delito de “peligro de contagio” previsto en el Código Penal Federal, a fin de acabar con la criminalización de las personas con infecciones de transmisión sexual, como el Virus de Inmunodeficiencia Humana (VIH) Sida, la cual fue avalada por la Comisión de Justicia.

“Entre los componentes que hacen falta para poder subir esta iniciativa al Pleno, se encontraba la opinión que debe verter la Secretaría de Salud, y la buena noticia es que el día de ayer, a través de la Dirección Jurídica de la Secretaría, del Gobierno Federal dirigido por la presidenta Claudia Sheinbaum, hemos recibido la opinión favorable, afirmando que es necesario derogar este delito, a fin de permitir una mejor atención a la pandemia del VIH”.

Además, López Vela destacó que la propuesta forma parte del “nuevo modelo de atención al VIH”, trabajado de la mano con el Centro Nacional para la Prevención y Control del VIH/SIDA (CENSIDA).

En la víspera de la 47 marcha de la comunidad LGBTTTIQ+, el diputado también informó sobre la realización de la Copa LGBT 2025, con la participación de más de 2 mil atletas de todo el país, y anunció que se celebrarán bodas y trámites de identidad de género durante la marcha.

“El Gobierno de la Ciudad de México ha dispuesto de un espacio para que aquellas parejas que deseen contraer matrimonio lo puedan hacer (…) vamos a apadrinar también una pareja de amigos que vinieron expresamente desde Puerto Vallarta”, detalló.

López Vela reiteró el compromiso de la Comisión de Diversidad y dijo “aquí estamos trabajando con orgullo y dignidad por la igualdad y la no discriminación”.

En su oportunidad, Alejandro Pizano Gómez, director de Atención a la Diversidad Sexual y de Género del estado de Colima, destacó los avances de la entidad en materia de inclusión.

“Colima ha sido un referente a nivel nacional. Cuando en otros estados se prohibía el matrimonio igualitario, en Colima (…) gracias a la que hoy es nuestra gobernadora, las personas pudieron acceder a este derecho”, relató.

Recordó que en 2023 se derogó el delito de peligro de contagio en la entidad, y subrayó el acompañamiento integral a personas trans en sus trámites de identidad. “Colima es el estado más pequeño de México, pero más grande en riqueza cultural (…) y sobre todo grande porque nos reconocen en nuestra diversidad”.

Por su parte, Almendra Negrete Sánchez, secretaria nacional de Diversidad Sexual de Morena, convocó a la ciudadanía a unirse al contingente del partido durante la marcha de mañana:

“Desde esta tribuna hago un llamado a nuestras representaciones para que este 28 de junio marchemos con la comunidad LGBTTTIQ+ en la exigencia de los derechos y libertades que nos han sido por siempre negadas”, expresó.

En otro tema, López Vela reprobó los hechos ocurridos en el Senado de la República, donde la senadora Lili Téllez (PAN) agredió verbalmente a integrantes de la comunidad LGBTTTIQ+ durante un foro convocado por la senadora Alejandra Arias (Morena).

“Desde la Cámara de Diputados le decimos a la senadora Lili Téllez que no nos extraña su actuar. Ese es el actuar justamente de estos grupos intolerantes, de estos grupos irrespetuosos, de estos grupos del PRIAN”, afirmó.

El diputado denunció que, aunque algunos actores políticos aparentan empatía con la comunidad, sus acciones revelan lo contrario. “Muy ‘gay friends’ dicen ellos, pero lo cierto es que al momento de sus votos y al momento de sus intervenciones (…) queda muy claro quiénes son. A ellos no les hace falta salir del clóset, han vivido fuera del clóset de la intolerancia”.