Uganda: ABC Radio interviews HIV criminalisation survivor, Rosemary Namubiru, and UGANET’s Dora Kiconco Musinguzi

Listen to Natasha Mitchell compelling interview with HIV criminalisation survivor, Rosemary Namubiru, and UGANET’s Dora Kiconco Musinguzi on the challenge to the problematic HIV criminalisation statutes within Uganda’s HIV/AIDS Prevention and Control Act.

This seven minute audio report from AIDS 2016 in Durban is excerpted from ABC Radio’s longer podcast, The brutal politics of a virus that won’t go away, by reporter Natasha Mitchell for Background Briefing.

Listen to and/or download the full podcast and read the transcript on ABC Radio’s website.

The transcript of Natasha’s HIV criminalisation-related report is below.

Natasha Mitchell: In Uganda, around 7% of people are infected, and while the country is recognised for taking decisive action against HIV, the government’s harsh attitude and laws is dramatically undermining that progress.

Rosemary Namubiru is a 66-year-old nurse, mother and grandmother. She found out she had the virus just three years ago, and she thinks she got it from a patient.

Rosemary hadn’t yet disclosed her status at work, but when she was wrongly accused of intentionally infecting a patient, before she knew it the full force of the law was thrown at her.

Rosemary Namubiru: I saw the police coming, and they were holding me, ‘You are under arrest for murder.’ Then they called the media, so when I was in that room they called and told me, ‘Come out.’ I came out and I found a crowd of cameramen, media people.

Natasha Mitchell: Outside the police station?

Rosemary Namubiru: Yes.

Natasha Mitchell: Rosemary was charged with attempted murder after she accidentally pricked herself with a needle while treating a child. The mother watching on was worried and reported Rosemary. While the child wasn’t infected, thankfully, all hell broke loose when Rosemary’s HIV positive status was confirmed and made public. Rosemary was arrested and paraded in front of the media, who labelled her a ‘killer’ and a ‘murderer’.

Rosemary Namubiru: They were trying to manhandle me. They were taking photographs of me. They were calling me all sorts of names, ‘Murderer, killer. Look at this woman, a killer, a murderer.’ And it went all over the country in the national newspapers, in the English newspapers. ‘That murderer, the murderer. If we see her we shall beat her, we shall kill her.’ It was the talk of town. Even my village. Initially, they labelled it as ‘murder’. Then it was reduced, ‘attempted murder’, and then it was eventually changed into ‘negligence’.

Natasha Mitchell: Rosemary was publicly shamed, and sentenced to three years in prison for negligence.

Lawyer Dora Kiconco Musinguzi is the executive director of Uganda Network on Law, Ethics and HIV/AIDS or UGANET.

Dora Kiconco Musinguzi: Rosemary’s story sent so many chills across the country amongst people living with HIV. She was the headline of the news. ‘Killer nurse’. ‘Monster nurse’. She was treated so cruelly at the police, she was beaten, her hair was pulled, right, left, and centre, and that caused a lot of fear among people living with HIV. So we see discrimination written on walls, written in political statements, discrimination is still real, so that is where we are. That’s Uganda’s story currently.

Natasha Mitchell: Rosemary Namubiru was released at the end of 2014 after her case received international attention.

In the same year, Uganda introduced the HIV Prevention and Control Act. At face value it’s about controlling HIV, promoting testing and treatment, and preventing discrimination. Uganda’s not alone here, HIV specific criminal laws are on the increase worldwide, and also exist in America and Europe.

But Dora Kiconco Musinguzi and colleagues are leading a legal challenge in the Ugandan Constitutional Court against key parts of the law, including certain provisions that demand disclosure of your HIV status, and criminalise those who transmit the virus intentionally.

Dora Kiconco Musinguzi: The question is at what point do you establish intention. In a circumstance where we have so many people that have not yet tested, how do you know that a person infected another? So anybody could blame the other for infecting them, and what should be a human condition, a disease, then becomes a criminal object and lives break, and families break, and you know how the media picks on this, and totally takes it out of context. We believe it’s going to be really dangerous.

Natasha Mitchell: At least half of the Ugandan population still don’t know their HIV status. And Dora Kinconco Musinguzi believes the HIV Prevention and Control Act will exacerbate their reluctance to get tested and treated and so cause the virus to spread.

Dora Kiconco Musinguzi: So if people fear, relate HIV testing with obligation, with imprisonment, with undue power of the law, we believe this is going to create a bigger barrier to testing, and that fails the objective of prevention and control because then we shall have more people left out of the treatment area.

Natasha Mitchell: And because pregnant women have to be tested for HIV, they’re at greater risk under this law.

Dora Kiconco Musinguzi: They are going to be found to be HIV positive fast, and if they don’t disclose then they are in the ambit of attempting to transmit, so that makes the women criminals. So there’s lots of unanswered questions. And yet on the other side science has given us hope that people who test and take their medicines very well, they become less infectious, so they don’t transmit HIV. The law neglects this science. The law does not consider what public health specialists are saying, but the Ugandan government has not put this into consideration.

Natasha Mitchell: The experience of Rosemary Namubiru is a cautionary lesson about why laws that criminalise HIV positive people can be so bad for public health.

Dora Kiconco Musinguzi: You shouldn’t be criminalised. These cases could be handled in another way. We are really asking the Constitutional Court to find out whether this is the law that will present and control HIV, and still afford dignity and non-discrimination for living with HIV.

Natasha Mitchell: Based on your experience, Rosemary, what do you feel about the criminalisation law in Uganda against people with HIV?

Rosemary Namubiru: It hurts. Ignorance kills, but it hurts when people just carry on, and people keep on saying, ‘Oh, that one, that one.’ Me, I didn’t get it sexually. It was during the course of saving lives of human beings, so it is not something to laugh about. I wouldn’t wish anybody to go through what I went through.

Natasha Mitchell: Rosemary Namubiru. She’s now retired from nursing.

USA: New report shows LGBTQ minorities face discriminatory laws and arrests

These Stats Prove LGBTQ Minorities Face ‘Unjust’ Treatment in US Criminal Justice Systems

A new report released Monday on LGBTQ people and the U.S. criminal justice system shows the community is overrepresented in jails and prisons. Additionally, LGBTQ people who are young and of color face disproportionate levels of homophobia and transphobia, and are subject to discriminatory laws and arrests that lead to their incarceration.

Analyzed data from U.S. Department of Justice, public polling and a U.S. inmate population survey shows that one in five people in juvenile justice detention facilities identifies as lesbian, gay, bisexual, transgender orquestioning. Among them, 85% are racial minorities, according to the study, released by the Center for American Progress.

The report, titled “Unjust: How the Broken Criminal Justice System Fails LGBT People of Color,” pegs the overrepresentation of LGBTQ people of color in the criminal justice system to three major factors — racism and anti-LGBTQ stigma in their communities, drug and HIV criminalization laws, and local policing priorities that result in racial profiling.

“Whether they are interacting with law enforcement, going to court, confined in prisons or jails, or preparing for reentry into society, the story is the same: LGBT people of color face an extraordinarily high risk of discriminatory treatment and abuse in our criminal justice system,” Ineke Mushovic, executive director of the Movement Advancement Project, said in a statement about the data analysis. MAP and seven other criminal justice reform and LGBTQ advocacy organizations partnered with the Center for America on the report.

The report’s focus on LGBTQ people of color was deliberate, given the most recent polling on this population and what federal data reveals. A 2012 Gallup survey of U.S. adults revealed that 33% of adults who identified as LGBTQ were people of color. People of color and women were also more likely than whites to identify as such, according to the survey results.

LGBTQ overrepresentation in the criminal justice system — they accounted for 7.9% of the U.S. jail and prison population in 2011-2012, but just 3.4% of the overall U.S population — is a reflection of laws that criminalize their identity and behaviors, stated the report.

For example, HIV criminalization laws, which penalize behaviors of LGBTQ and non-LGBTQ people living with HIV, even if their behavior carries no risk of transmitting or exposing the uninfected to the virus, were a response to the health crisis in the 1980s and 1990s. More recent laws, such as North Carolina’s 2016 bathroom bill restricting public bathroom access to the gender marked on an individual’s birth certificate, also present a threat of incarceration for those who are transgender or gender nonconforming.

Uganda: Uganda Network on Law, Ethics, and HIV (UGANET) leads call to repeal some provisions of the HIV/Aids Prevention and Control law as discriminatory and unconstitutional

Uganda: Activists Go to Court As Call Raises for Equal Rights for People With HIV/Aids

By Mercy Nalugo

HIV/Aids activists delegations comprising policy makers, medical practitioners, researchers, sex workers and other key stakeholders converged in Durban, South Africa, last month for this year’s International Aids Conference.

The conference was geared towards forging ways and sharing knowledge on new developments and what ought to be done to reduce new infections as well as sharing experiences and analysing statistics related to the HIV/Aids trend.

The five-day conference, which kicked off on July 18, was marked under the theme “Access Equity Rights Now”.

Back in the country, in a bid to step up activism and rhyme with this year’s theme, HIV/Aids activists called on the government to implement the right to equity.

Taking to court

More than 100 civil society groups led by the Uganda Network on Law, Ethics, and HIV (UGANET) reiterated calls to have some of the clauses in the controversial HIV/Aids Prevention and Control law repealed saying they are discriminatory and unconstitutional.

This time they did not petition President Museveni, or other implementing agencies having been frustrated several times before, but the Constitutional Court.

They are asking the court to quash some provisions in the HIV/Aids law they say are unconstitutional and promote discrimination and stigmatisation of those with the disease.

One of the contested clauses allows medical practitioners to disclose a client’s HIV status to others.

The law would according to activists contravene the right for HIV positive people to keep their status confidential and would in essence promote stigma while criminalisation of the spread would keep away people from testing.

The same activists in May 2014 strongly opposed certain sections days after Parliament had passed the Bill into law.

They included the Human Rights Watch, Health Global Advocacy Project and the Uganda Network on Law and Ethics and HIV/Aids (UGANET) who said it is “deeply flawed” and promotes “discrimination”.

They later sought the attention of President Museveni asking him not to assent to the law although this did not stop him from doing so. However, the President assented to the law on July 31, 2014.

According to statistics released by the ministry of Health last year, the number of people starting anti-retroviral treatment (ART) in Uganda stood at 713,744.

In just three months, between June and September 2014, a total of 33,744 people enrolled for HIV/Aids treatment, raising the overall number from the previous 680,000 to the above-mentioned number (713,744).

The drugs suppress HIV multiplication in the body.

Activists, however, say that the hardline approach to prevention of HIV/Aids spread has instead discouraged those living with HIV from voluntary testing for fear of victimisation.

Infringment on rights

According to the activists, some clauses were passed without the amendments sought by an all-encompassing network.

Prosper Byonanebye, UGANET head of programmes, says: “The petition among others challenges section 18 (e), on ‘Disclosure of one’s HIV status to undisclosed parties. This is overly-broad, vaguely worded and thus unclear.

It also raises legality questions and infringes on the right to privacy. Same as Section 41 of the HIV prevention and Control Act on attempted transmission which is subject to misuse and can be a ticket to punish innocent Ugandans by self-seekers because it is not specific and it’s difficult to define.

According to Byonanebye, some of the clauses infringe on the right to equality and right to dignity and worsens discrimination hence pushing people living with HIV into hiding instead of the intended policy objective of supporting more of them to disclose as has been the case.

Chapter four of the Constitution emphasises the promotion and protection of several human rights and freedoms by the state including equality and freedom from discrimination (Article 21), right to dignity (Article 24) and right to privacy ( Article 27) among others.

Arguments for the Act

On disclosure of one’s status to other people, Maj (Rtd) Rubaramira Ruranga, a leading HIV/Aids advocate, however tows a different line.

He stresses the need for HIV positive people to open up about their status if solutions are to be found.

“Methodology is what we need to look into to find solutions to the wide spread of HIV/Aids and stigma, which is closely related to HIV/Aids. If we had a method of going house to house and educate the masses about the dangers of HIV and the need to know their status, the infection rate would be reduced. If we test from house to house, we would get rid of stigma,” he says.

“I no longer believe in confidentiality because people have continued to sleep with each other without bothering about the need to test. We should stop hiding something which can be served better Let us fight the conspiracy of the unknown.”

Commenting about the intentional spread of HIV/Aids, Maj Ruranga backs the proposal saying it will go a long way in protecting innocent Ugandans from selfish offenders who knowingly conceal their results away from their partners and infect them with HIV/Aids.

He noted: “Not everybody is bad but there are those spreading HIV intentionally. We do work with a team of young people but we have discovered that some health workers are giving false results at a request.

People know that they are reactive but ask for non-reactive results. I have arrested some and we are still arresting many. What other method is workable other than the law? Let the activists prove beyond reasonable doubt that this law will not work.”

Maj Ruranga adds that the country has lived with the deadly disease for over two decades and it has continued to spread.

“We have become so negligent as a result of pampering certain things. Why should the virus continue spreading? My coming out helped so many. Why do people continue hiding? We need to get out of this and find a solution.”

He emphasises the use of condoms as a preventive measure to guard against HIV/Aids as he opposed calls from the South African conference pushing for PEP to be given to the youth free of charge as a way of guarding against the spread of HIV.

Analysis: How is Russia’s HIV-specific law being used to prosecute women living with HIV?

(For Russian version, please, scroll down)

At the beginning of 2016, a military officer from Moscow discovered that he was HIV-positive during routine testing. Later, his wife Natalia, who had tested positive for HIV several years ago, admitted that she had been afraid to disclose her HIV-positive status because she feared violent reprisals from her husband. The officer went to the police to commence criminal proceedings against Natalia, and the investigation continues. The media – as in most countries, our only source of information on cases like this – has not yet provided much more information about the case, so we do not know how long Natalia was forced to hide her HIV-positive status from her husband because of fear of violence.

This is not the only case started against a woman for alleged HIV transmission in 2016.

In January, 24-year-old Nadezhda, who lives in the Amur Oblast in the Russian Far East, was found guilty of charges of alleged HIV transmission to three men, under part 1, Art. 122, and part 3, Art. 122 of the Criminal Code (‘infecting others with HIV, knowing about the presence of this disease). She was sentenced to four years in a penal colony. Nadezhda appealed the verdict, but the panel of judges upheld both the verdict and her sentence.

More recently, in the summer of 2016, a 33-year-old woman from Bryansk, 379 kilometers southwest of Moscow, was prosecuted for allegedly infecting her male partner with HIV. The court used evidence that she was registered at an AIDS centre since 2007 against her, since she met the man in 2014. However, the court was relatively lenient, and she was given a three year suspended sentence followed by a three year probation period. In addition, consistent with best practice, her name was not disclosed in the media, in contrast to Nadezhda’s whose name was published in the news release by the Press Service of the Prosecutor’s Office.

At AIDS 2016 in Durban last month, the HIV Justice Network revealed new data showing that Russia now tops the global HIV criminalisation league table. We found reports of at least 115 arrests, prosecutions and/or convictions in Russia during the 30-month period: April 2013 to October 2015.

We have now collected eleven stories from the Russian media about women convicted under Article 122.

Since 2007, at least three of these women were sentenced to more than four years in prison for alleged HIV transmission to one or more partners. Another woman received a sentence of one year, seven months in prison, and a further two women had a suspended one-year and three-year sentence. In one case the court gave a 20 year-old woman 6-month’s probation. Verdicts for three cases are unknown.

It not just alleged HIV transmission that is being prosecuted; we also know of a 2013 case of a woman from the town of Kungur in the Perm Oblast, who was sentenced to spend one year and three months in a penal colony for potential or perceived HIV exposure: her partner was not infected.

Of particular concern is that in all of the above cases, evidence of prior knowledge of HIV-positive status came from medical records. In Russia, each newly-diagnosed person must sign an informed consent form indicating that he or she is informed of their potential criminal liability under Article 122 for HIV exposure and transmission. This informed consent is attached to their medical history, ready for an official request.

Furthermore, in cases of alleged HIV transmission, the public prosecutor did not adequately investigate the causal link between the accused and the complainant, because there is no test that can establish the timing and direction of transmission without any doubt. It is possible, for example, that some of the male complainants were infected before they had relationships with their female partners and before they themselves were diagnosed HIV-positive.

Article 122 was introduced into the Criminal Code, in particular, to protect women from HIV infection, but it is clear from our research that the law has been applied against women in Russia.

There are many reasons why women are vulnerable when HIV criminalisation intersects with gender inequality and violence. These include, but are not limited to, the following:

Women often do not make decisions about when to have sex, with whom, and whether or not to use condoms.
Women are often economically dependent on their partner, which increases the inequality in their relationships.
Unfortunately, there is evidence that intimate partner violence often occurs when a woman discloses her HIV status.
Fear of prosecution prevents women from getting tested, knowing their status, and getting HIV treatment, because many laws are applied precisely against those who know about their diagnosis.

There is a hope that shedding light on what is going on in Russia will help mobilize people around these unjust prosecutions. As new cases emerge we will continue to report on them on the HIV Justice Network website.

Evgenia Maron is the HIV Justice Network’s EECA Consultant

В начале 2016 года военный из Москвы во время регулярного обследования обнаружил, что инфицирован ВИЧ . Позднее его жена Наталья, которая получила положительный результат на ВИЧ за несколько лет до этого, пояснила, что боялась рассказать о своем ВИЧ-позитивном статусе из-за страха насилия и возмездия со стороны своего мужа. Военный обратился в полицию, чтобы возбудить дело против Натальи, расследование продолжается. СМИ – во многих странах наш единственный источник информации о таких делах, как это, – не дают много данных об этом деле, поэтому мы не знаем, сколько лет Наталья вынуждена была скрывать свой ВИЧ-позитивный статус от мужа из-за страха насилия.

Это не единственное дело против женщин за передачу ВИЧ-инфекции в 2016 году.

В январе 24-летняя Надежда, которая живет в Амурской области на Российском Дальнем Востоке, была признана виновной в передаче ВИЧ трем мужчинам по части 1 ст. 122 и части 3 ст. 122 Уголовного Кодекса (“заражение другого лица ВИЧ-инфекцией лицом, знавшим о наличии данного заболевания”). Ей было назначено наказание в виде четырех лет лишения свободы с отбыванием в исправительной колонии общего режима. Надежда обжаловала приговор, но судебная коллегия оставила его в силе.

Совсем недавно, летом 2016 года, против 33-летней женщины из Брянска, что в 379 километрах к юго-западу от Москвы, было возбуждено уголовное дело за предположительное заражение своего друга ВИЧ. Суд использовал против нее тот факт, что женщина состояла на учете в СПИД-центре с 2007 года, а этого мужчину она встретила в 2014 году. Однако, решение суда было относительно мягким, женщине назначили условное лишение свободы на три года с таким же испытательным сроком. Кроме того, как и полагается в лучших практиках, ее имя и фамилию в СМИ не указывали, в отличие от Надежды из предыдущей истории, чье имя было опубликовано в релизе пресс-службы прокуратуры.

На конференции AIDS 2016 в прошлом месяце в Дурбане, Сеть «Правосудие и ВИЧ» сообщила о новых данных, которые показывают, что Россия возглавляет топ лиги глобальной криминализации ВИЧ. Мы нашли сообщения о по меньшей мере 115 арестах, преследованиях и/или обвинениях в России в течение 30 месяцев с апреля 2013 года по октябрь 2015 года.

Мы собрали одиннадцать историй российских СМИ о женщинах, обвиняемых по статье 122.

Начиная с 2007 года, по меньшей мере трое из этих женщин были приговорены к более, чем четырем годам в тюрьме предположительно за заражение ВИЧ одного или более партнеров. Еще одна женщина получила oдин год семь месяцев тюрьмы, еще две женщины – условный срок продолжительностью один год и три года. В одном случае суд приговорил 20-летнюю женщину к 6-месячному условному сроку. Вердикты по трем случаям не известны.

Преследуется не только предположительное заражение ВИЧ; мы также знаем о деле 2013 года против женщины из города Кунгур в Пермской области, которую приговорили к одному году трем месяца в исправительной колонии за потенциальное или предположительное поставление в опасность заражения ВИЧ: ее партнер не заразился.

Особую обеспокоенность в этих рейсах вызывают доказательства, что обвиняемые знали о своем ВИЧ-позитивном статусе, были основаны на медицинских историях. В России каждый вновь диагностированный человек должен подписать информированное согласие, где указано, что он или она проинформированы о возможной уголовной ответственности по статье 122 за постановку в угрозу заражения и заражение ВИЧ. Это информированное согласие хранится вместе с медицинской историей пациента, готовое для официального запроса.

Более того, в случаях предположительной передачи ВИЧ, прокурор не исследовал адекватно причинно-следственную связь между подозреваемым и потерпевшим, потому что не существует теста, который может установить время и направление передачи без всякого сомнения. Например, возможно, что некоторые потерпевшие мужчины были заражены ВИЧ до того, как у они вступили в отношения с их партнерами-женщинами, и перед тем, как они сами получили ВИЧ-позитивный диагноз

Статья 122 была введена в Уголовный Кодекс, в частности, чтобы защитить женщин от ВИЧ-инфекции, но из нашего исследования станосится ясно, что в России этот закон применяется против женщин.

Существует много причин, почему женщины более уязвимы, когда криминализация ВИЧ пересекается с гендерным неравенством и насилием. Это касается, но не ограничивается, следующим:

Женщины часто не принимают решения о том, когда и с кем заниматься сексом, использовать презервативы или нет.
Женщины часто зависимы экономически от своего партнера, что усиливает неравенство в их отношениях.
К сожалению, есть данные, что насилие со стороны интимного партнера часто следует за тем, когда женщина раскрывает свой ВИЧ-статус.
Страх уголовного преследования мешает женщинам тестироваться, знать свой статус и получать лечение ВИЧ, потому что многие законы применяются исключительно против тех, кто знает о своем диагнозе.

Мы надеемся, что если пролить свет на то, что происходит в России, это поможет мобилизации людей против этого несправедливого преследования. Так как появляются новые кейсы, мы продолжим информировать о них на сайте Сети “Правосудие и ВИЧ”.

US: Mainstream criminal justice website uses quiz format to highlight how unjust HIV criminalisation is in the United States

Is It Time to Roll Back the Laws on Spreading HIV?

Take our quiz on which criminal penalties remain in force.

In the wake of the HIV epidemic that began in the early 1980s, lawmakers throughout the country moved to criminalize behavior that threatened to spread the virus, enacting laws that imposed sometimes heavy fines and jail terms for infected individuals who failed to tell sex partners about their illness.

Florida, Tennessee and Washington were the first states to enact HIV-related criminal laws, in 1986. A 1988 report from the Presidential Commission on the HIV Epidemic recommended that states establish such laws and many did. At present, more than 30 have HIV-related criminal laws.

But now that new therapies have greatly lowered the risks of transmission, advocates for those with HIV say these laws are too harsh and should be revised to reduce penalties, or be repealed.

While the laws were initially intended to help lower the rate of transmission and deter “risky behavior,” according to the commission report, recent studies have shown that the laws discourage testing, reduce disclosure and otherwise work against public health efforts. The Department of Justice in 2014 issued a guide for states to reform HIV-specific laws so that they are informed by current knowledge of HIV transmission, in addition to help prevent and treat HIV. While the number of new cases of HIV has remained stable (about 50,000 per year) between 2005 and 2014, gay and bisexual men as well as African-Americans continue to be most affected. The incidence of HIV among black and Latino men who have sex with men increased over the same period, the result being that the laws disproportionately affect them.

See how much you know about laws that potentially make living with HIV a crime.

Take the quiz here

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

Popular tweets for #BeyondBlame.

Sall Tamsir @SallTamsir1

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

James Fry @thatfryboy

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

Abe O C Ogolo @ovolovely

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

Alexander Pastoors @alexhvn

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

Paul Silva @PauloNYC

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

HIV Justice Network @HIVJusticeNet

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

Naomi Burke-Shyne @NaomiSBS

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

Paul Kidd @paulkidd

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

Naomi Burke-Shyne @NaomiSBS

Stirring testimonies, calls for #decriminalization from #BeyondBlame #AIDS2016 @AIDS_Free_World @_ARASAcomms @HIVJusticeNet @Uganetlaw

Benjamin Riley @bencriley

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

Sall Tamsir @SallTamsir1

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

ARASA @_ARASAcomms

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

Nic Holas @nicheholas

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

Ben Young @benyoungmd

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

ARASA @_ARASAcomms

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

ET_AIDS_FDN @ET_AIDS_FDN

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

Nic Holas @nicheholas

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

Nic Holas @nicheholas

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

ARASA @_ARASAcomms

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

HIV Justice Network @HIVJusticeNet

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

nainadevi @nainadevi

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

KELIN @KELINKenya

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

ARASA @_ARASAcomms

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

Follow For Polls @follow_polls

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

Benjamin Riley @bencriley

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

Barb Cardell @BarbCardell

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

Paul Kidd @paulkidd

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

Aziza Ahmed @AzizaAhmed

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

Evgenia Maron @EvgeniaMaron

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

John Manwaring @eatatjohns

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

Barb Cardell @BarbCardell

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

HIV Justice Network @HIVJusticeNet

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

KELIN @KELINKenya

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

KELIN @KELINKenya

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

KELIN @KELINKenya

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

KELIN @KELINKenya

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

CDN HIVAIDS LGL NTWK @AIDSLAW

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

CDN HIVAIDS LGL NTWK @AIDSLAW

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

CDN HIVAIDS LGL NTWK @AIDSLAW

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

FundersConcernedFCAA @FCAA

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

Ben Young @benyoungmd

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

ARASA @_ARASAcomms

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

Matthew Waites @MatthewWaites

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

Hornet App @HornetApp

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

Barb Cardell @BarbCardell

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

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AIDS 2016: Criminalisation is harmful and wrong, and is also damaging prevention strategies

Over 200 activists called for an end to HIV criminalisation throughout the world saying it unjustly harms and blames HIV positive people, damages prevention strategies and undermines national and international sexual health programs.

Earlier during the week some 200 people living with HIV, human rights activists and representatives of key populations gathered for a one-day meeting, held at Durban South Africa, challenging HIV criminalisation under the title “Beyond blame: challenging HIV criminalisation.”

The meeting, which preceded the International Aids Conference in Durban, heard individuals who have faced HIV criminalization recount the far-reaching personal, social and legal impacts of unjust prosecution on their lives and that of their families. Furthermore activists outlined how HIV criminalisation not only uses blame culture, harming not only HIV positive people, but also damaging prevention and undermining sexual health programs world-wide.

The meeting demanded that HIV scientists and clinicians become more involved in efforts to ensure that the application of the criminal law is consistent with best available evidence relating to risk, harm and proof in the context of HIV, as well as calls for members of parliament and the judiciary to end unjust HIV criminalisation.

Speaking with KaleidoScot, Edwin J Bernard, Coordinator at HIV Justice Network, who organised the meeting said: “The meeting included three HIV criminalisation survivors – including one, Kerry Thomas, who called in from behind bars in Idaho – highlighted that HIV criminalisation doesn’t just harm public health, it harms the lives of ordinary people living with HIV, who are often demonised, stigmatised and unjustly targeted by the law.

“Elizabeth Taylor’s grandchildren (and great-grandchild) Laela Wilding, Finn McMurray, Rhys Tivey, and Quinn Tivey were also there, and so incredibly moved, was also inspiring. They have pledged to make HIV criminalisation a key issue for the Elizabeth Taylor AIDS Foundation.

“Then on Tuesday morning, following Justice Edwin Cameron’s Jonathan Mann Memorial Lecture, more than 100 of us took to the stage demanding an end to HIV criminalisation. Justice Cameron welcomed us with open arms, literally! We chanted: WE HAVE A VIRUS! WE ARE NOT CRIMINALS! END CRIMINALISATION NOW!”

HIV medication, or antiretroviral (ARVs), is now highly effective to the point that people who have HIV and use ARVs properly are effectively non-infectious, a recent study found zero infection cases between mixed-HIV status couples. However, many new infection cases arise from people who are unaware of their HIV status – something that HIV criminalisation is likely to worsen, not help.

The general consensus among the scientific and medical communities – and HIV charities – is that ascribing personal blame for infection is neither reliable nor helpful, and that decisions on public health matters should be determined by cost-effectiveness and clinical need rather than moral judgements.

The UNAIDS guidance aims to “end overly broad criminalization of HIV non-disclosure, exposure and transmission on the basis that it “raises serious human rights and public health concerns”. it recommends “concentrating efforts on expanding the use of proven and successful evidence-informed and rights-based public health approaches to HIV prevention, treatment and care” and “limiting any application of criminal law to truly blameworthy cases where it is needed to achieve justice.”

The Oslo Declaration also suggests that “a better alternative [to criminalisation] is to create an environment that enables people to seek testing, support and timely treatment, and to safely disclose their HIV status.”

Activists pointed out that not only is criminalisation harmful and wrong, but it is counterproductive and even endangers prevention strategies. Martha Tholanah, a feminist activist from Zimbabwe, and director of the NGO Community and Enterprise Development against Stigma, told Kaleidoscot that she agrees “with the activists on calling for an end to criminalisation of HIV. It’s scary that the criminalisation cases are increasing. I wonder if the judicial services personnel ever look at the research and consider how the evidence produced can be considered before they tackle these cases. Criminlisation perpetuates stigma and instigates mental health problems.”

While Maurice Tomlinson, a Senior Policy Analyst at Canadian HIV/AIDS Legal Network, commented: “To paraphrase the UNAIDS report released in advance of the ongoing International AIDS Conference, continued criminalisation has stalled the global fight against HIV by driving persons away from effective prevention, treatment, care and support interventions. We can’t fight HIV with fear. We must respond with facts and human rights.”

Activists have also expressed concerns about Scots law, which they believe is doing a disservice to both people who have HIV and wider issues of public health.

Under Scots law, exposing or infecting someone with HIV are considered “culpable and reckless conduct”. These are common-law offences that carry a maximum penalty of life imprisonment, as opposed to five years in England and Wales. If the transmission of HIV is deliberate, it would be legally considered an assault. Scottish law focuses on behaviour (unlike English and Welsh law which focuses on the harm that results from such behaviour): thus exposing others to the risk of HIV transmission (‘HIV exposure’) can be prosecuted. The law however does not specifically mention HIV but has been used against HIV and hepatitis positive people.

Lisa Power, a sexual health campaigner who was the co-founder of Stonewall and who also served as the Secretary-General of the International Lesbian & Gay Association, believes that the “messy” and “damaging” stance of Scots law on the issue needs to be reconsidered, and that Scotland should learn from other jurisdictions.

She told KaleidoScot: ”I think that the South African model is sensible – it only prosecutes for intentional transmission, which includes transmission where there has been a sustained course of deceptive behaviour.

“Various charities have worked with Government lawyers in England and Wales to draft changes to the assault laws back in the 1990s which would have made things here much clearer, simpler and restricted to intentional transmission – but sadly the law change never got enacted so we still have the messy old Victorian laws – and the Scottish ones are even messier.

“But my experience is that trying to prosecute reckless transmission during casual sex has resulted in quite a lot of damage, including miscarriages of justice, because it’s so extremely complicated and people make all sorts of assumptions.

“The trouble with all the UK criminal laws is that we have no way of apportioning responsibility, it’s all victim and offender, which is not how most sex happens. Scotland is worse because you have laws on your books that let the Procurator Fiscal bring cases for exposure – and that’s a ridiculous charge now we have TasP and PreP and we know the relative (low) risks of any one sexual encounter.”

She added: “In my experience, people rush to conclusions, they expect the worst and they also rush to judgement. And as often as not they were wrong.”

A Scottish activist, who asked to remain anonymous, told KaleidoScot: “Criminalising HIV transmission merely perpetuates and even encourages stigmatisation, affects the ability of people to openly discuss their health issues, makes it less likely people will present for testing and ultimately plays into the spread of HIV.”

Robert McKay, National Director Terrence Higgins Trust Scotland, echoed many of these sentiments. He told KaleidoScot: “The current legal situation creates more confusion and potential challenges for people living in Scotland. Whilst it’s important to keep people safe, it’s also important that the law uses intent as a better measure of criminal behaviour as opposed to recklessness.”

When contacted, the charity HIV Scotland, however, only reiterated the current status of Scots legislation and underlined that there has been improvement with “stake holders such as Police Scotland” which resulted in zero prosecutions in the last few years.

A recent study found that prosecutions for HIV non-disclosure, potential or perceived exposure and/or unintentional transmission have now been reported in 61 countries. This total increases to 105 jurisdictions when individual US states and Australian states / territories are counted separately.

Of the 61 countries, 26 applied HIV criminalisation laws, 32 applied general criminal or public health laws, and three (Australia, Denmark and United States) applied both HIV criminalisation and general laws.

There are reports of at least 313 arrests, prosecutions and/or convictions in 28 countries during the report period, covering 1 April 2013 to 30 September 2015.

The highest number of cases during this period were reported in: Russia (at least 115), United States (at least 104), Belarus (at least 20), Canada (at least 17), France (at least 7), United Kingdom (at least 6), Italy (at least 6), Australia (at least 5), Germany (at least 5).

AIDS 2016: Intersectional approaches linking issues across areas of criminalisation have been key themes of AIDS 2016

Susana T. Fried – 22 July 2016

In a moment of global attacks on civil society, an intersectional approach linking issues across HIV, sexuality, adult consensual sex and bodily integrity is critical. Now, more than ever.

Every international AIDS conference seems to have a theme or two that picks up energy as it goes. For me, at the World AIDS Conference 2016 underway in Durban, this was the growing discussion about disastrous impact of criminal law. Of course, this isn’t a new issue – not at an international AIDS conference, nor in advocacy more generally. The 2012 Global Commission on HIV and the Law explored this in depth. However, at this AIDS conference there was a renewed energy behind it. In addition, there were a number of conversations that added a new twist, linking criminalisation of same sex conduct, sex work and HIV criminalisation to criminalisation of abortion.

For someone who stands with one leg in the women’s movement and another in the HIV movement, this was a welcome and long overdue conversation. We know the ways in which abusive laws and practices put sex workers, gay and other men who have sex with men, transgender women (there is still a dearth of data on HIV and transmen or lesbians and other women who have sex with women) and other marginalised groups at increased risk of contracting HIV and create serious and unmanageable barriers to accessing services and justice. We also know the ways in which governments use criminal laws not just to contain and regulate the lives of individuals, but they also use it to circumscribe the work of civil society organisations working on these issues.

Laws that criminalise adult consensual sex, non-heteronormative behavior and gender transgression are used to control (often in the name of “protection”), penalise and, as a result, stigmatise a range of sexual practices and sexual and gender identities that put health and rights at risk. Many of the groups who are on the receiving end of such punitive laws and practices are among those most at risk of contracting HIV. This conversation, despite massive evidence, still doesn’t always inform legislation and public policy. This is, in a sense, “old hat” to social movements across the board.

However, what was new to the conversation at this year’s International AIDS Conference (AIDS2016) in a visible way and in a public conversation was the introduction of criminalisation of abortion to the list of forms of criminalisation that intersect with HIV risk and vulnerability. At one panel, Lucinda O’Hanlon from the UN human rights office drew out some of the parallels between criminalisation of abortion and other forms of criminalisation, stating “Restrictive legal regimes on abortions, including criminalisation, do not reduce abortion rates but rather makes them unsafe. These restrictions are rooted in societal norms that deny women’s agency and capacity to make decisions about their own lives.” In many countries, women who undergo abortions are stigmatised as improper women, much like sex workers who, as Ruth Morgan Thomas noted “Criminalisation of sex work sends the message that sex workers are not seen as fit and worthy to enjoy rights.”

However, the linkages can be more direct. For example, transmen who have sex with other men and become pregnant may find it impossible to find safe and non-judgmental sexual and reproductive health care, let alone abortion services. Sex workers, too, may find their access to abortion services restricted because of the ripple effect of laws criminalising sex work. With abortion, as with other groups whose identities and practices are penalised, other factors of marginalisation matter. In the case of abortion, it is women with fewer resources who are at greatest risk of facing punishment for their choice. The same could be said for those who get penalised for living with HIV. For example, a young woman who has been coerced into having sex and fears that the man she had sex with might be living with HIV, will find it difficult in many countries, to have an abortion. In some countries, if she is under the age of consent for services, she will have to get parental consent just to be able to see a sexual and reproductive health practitioner. A limited number of countries ban abortions under any circumstances, even, in some cases, as a principle of their country’s constitution (Ecuador, for instance). Most countries allow abortion under some circumstances, but access the services requires money, information and the ability to travel. Such resource requirements have a particularly severe impact on young women, poor women, and women in marginalised groups. Failing to learn lessons from HIV, women, adolescents and girls in countries affected by Zika face similar barriers to services and justice.

In a cross-issue conversation, Edwin Bernard from the HIV Justice Network also noted a “shift towards intersectionality in our efforts to end the punitive and abusive laws against various populations,” including women who seek or undergo abortions. In this context, these conversations stand as a clarion call for a new or renewed effort to link forces to challenge the growing reliance on punitive laws and practices, including those about abortion, by governments to control those who step outside of social norms around gender and sexuality.

Originally published in Crosstalk

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

21 JULY 2016

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

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

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

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

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

QUOTES

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

RUTH MORGAN THOMAS NETWORK OF SEX WORK PROJECTS

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

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

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

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

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

EDWIN BERNARD GLOBAL COORDINATOR, HIV JUSTICE NETWORK

Originally published on UNAIDS website

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.”