Criminalization of HIV transmission. Need public dialogue

[Guest guest]

Dear E-forum members,

 

At present in India there has been a strong debate underway over the amendment

of section 377 that criminalize anybody who have carnal intercourse against the

order of nature, with any man, woman or animal. Enactment of this section has a

huge negative impact on HIV prevention program among the homosexual community in

India and consequently forces them to underground.

 

Some countries such as Benin, Guinea-Bissau, Mali, Niger, Togo and Sierra Leone

have passed HIV criminalization laws and other are proposing similar laws

include Angola, DR Congo, Malawi, Madagascar and Tanzania.

A number of jurisdictions have used general laws against serious bodily harm in

cases where someone is accused of knowingly transmitting HIV or willingly

exposing others to HIV transmission. Such as measures are sparking debate and

concern among policymakers, legal and public health professionals, international

organizations and civil society, on whether criminal law is applicable in such

cases and if such application is accomplishing or damaging public health goals

such as universal access to HIV prevention, treatment, care and support.

In a panel discussion on criminalizing the transmission of HIV in just concluded

17th International AIDS conference in Mexico many participants put up their

perspective on the issue and expressed the immediate needs to take action

collectively against the laws that criminalize the transmission of HIV.

They also expressed concern about the apparent rise in the number of cases in

which people living with HIV have been criminally charged for transmitting HIV,

or engaging in acts that risk transmitting HIV.

In some cases, criminal charges have been laid for conduct that is “perceived”

as risking transmission, but where no real risk exists, and sometimes with very

harsh penalties imposed.

Participants also expressed concern that there are jurisdictions moving to enact

or amend legislation specifically to criminalize transmission and exposure.

While noting that many legislators may be acting out of good intentions, most

participants stated clearly that

such laws are not an effective way of dealing with the transmission of HIV. This

particular session was organized by Law and Health Initiative Public Health

Program Open Society Institute, New York.

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In a desire to enact laws that reduce HIV transmission some nations have

statutes that force people to inform others of their status and have turned HIV

transmission a crime, including mother to-child transmission cases —as in some

African countries today.

However, there’s no evidence of any of these laws actually reducing the risk of

HIV infection. It seems that these accusations are focused on people who are

already being discriminated against —as reported by several human rights groups,

which are asking UNAIDS and other global agencies to intervene .

 

an official from UNAIDS was also presence in the discussion, she presented

the UNAIDS perspective on criminalizing the transmission of HIV. In response to

my query about the steps taken up by UNAIDS to stop criminalization or legal

obligation to disclose the status of pregnant women before giving birth, she

said that as of now UNAIDS doesn’t have the evidence on the impact of

criminalization and any nations has reported about it yet.

She further stressed the needs of collaborative efforts from each nation to

address the issue and called on to act upon it immediately.

 

Considering the above facts, it is a high time to have open public dialogue and

take their perspective on whether to stop criminalization of HIV transmission or

the laws should be in place to tackle this issue.

 

Warm regards

Ishwarchandra Haobam

e-mail: <brusall@...>