Re: PLHIVs Kindly Work as a Team; To End Criminalisation of HIV

[Guest guest]

Dear Associates,

/message/11571

I am glad to to see the call for PLHIVs to work as a team. I would suggest them

to work as a team to end criminalisation of HIV as a priority.

HIV response is also a call to advocate for and support the effective responses

to the HIV/AIDS Pandemic and empowering PLHIVs.

It facilitates the acquisition and use of knowledge, competencies, attitudes and

behaviours that are essential for holistic lifestyles.

In addition to supporting learning throughout life, it enhances public

accountability, promotes inter-generational dialogue and leads to better use of

available services, especially health and social/ legal protection for the

community development.

Advocacy with vision can address the social, cultural and economic conditions

that contribute to increased vulnerability; it can also modify the behaviours

that create, increase or perpetuate the risk of HIV infection.

HIV prevention progrms face challenges of stigma, sexual debuts, challenges of

promoting fewer sexual partners and promoting consistent use of condoms. It also

need to promote rights based attitudes toward People Living With HIV/AIDS.

In the last 25 years of dealing with AIDS Pandemic, I personally understand that

there are no shortcuts.

To ensure access to HIV prevention, treatment, care and support, comprehensive

strategies are required that involve rights-based and evidence-informed

approaches; the inclusion of affected communities; and attention to the

structural, Cultural and social factors that drive the Pandemic, including

gender inequality and stigma and discrimination.

These strategies require multi-sectoral contributions and balanced attention to

prevention, treatment, care and support; in this regard, regular education and

advocacy is a key platform.

The strategic framework presented and implemented by the State as well as

different organizations needs to still ponder upon badly.

All those involved in planning, implementation and assessing the different

sector's response to the AIDS Pandemic are based on what is known, it presents

priority actions that should be central to all sector responses to prevent HIV

infection and to mitigate the impact of AIDS.

It encourages all of us to understand and know your Pandemic and to tailor our

responses to the epidemiological situation – being mindful that the Pandemic

evolves and that our responses must evolve with it.

As we move forward to implement this strategic approach, it is essential to

support the coordination, partnerships and understanding required to make an

impact for a sustained response to the AIDS Pandemic.

There are also indications that, in some contexts, efforts at prevention are

producing results in terms of behavioural choices, and there is the potential to

learn and build on this.

As well as offering protection against HIV, we know that education can also play

a critical role in supporting and caring for those affected by HIV /AIDS.

This means working together across sectors and boundaries to influence and

change the individual behaviours that spread the disease, while developing

environments that make preventive action the preferred behaviour for both

individuals and groups.

It is hoped that this brain storming on this FORUM and the practical examples

shared by implementers and other stakeholders across and contexts in deciding on

key priorities and in ensuring that HIV and AIDS are addressed in a

comprehensive, mainstreamed and coordinated way.

A number of cases have been reported and found by in which people living with

HIV / health care providers have been criminally charged for a variety of acts

that transmit HIV or risk transmission and other activities.

In cases, criminal charges have been laid for conduct that is merely perceived

as risking transmission, sometimes with very harsh penalties imposed. The issue

has also received public and academic commentary. These developments raise the

quest of whether criminal laws and prosecutions represent sound policy responses

to issues related to these grounds.

Individual cases, media coverage, may prompt public calls for such a response.

But there are simple solutions to such a complex problem, and a rush to

legislate should be avoided in favour of careful consideration.

To assist in the development of sound public policy, we must proposes some

principles that should guide thinking about, and development of, law and policy

on the question of criminal law and HIV/AIDS, identifies public policy

considerations that states should take into account when making decisions about

the use of the criminal law; considers the alternative to criminalization

presented by public health laws; discusses if and how the criminal law might be

justifiably applied, considering in particular:

In developing policy regarding the use of criminal sanctions or coercive

measures under public health legislation, government officials and the judiciary

should be cognizant of a number of principles, state action that infringes on

human rights must be adequately justified, such that policy-makers should always

undertake an assessment of the impact of law or policy on human rights, and

should prefer the measures possible to achieve the demonstrably justified

objectives.

There are a number of policy considerations that should be taken into account in

determining criminal law policy in relation to HIV/AIDS.

Policy-makers must consider the functions of the criminal law, and assess

whether, and to what extent, criminalization will contribute to the objective, .

policy-makers must weigh other public policy factors that might mitigate against

the use of criminal sanctions.

In the area of criminal law and HIV/AIDS we may consider the following:

1) Documentation of proceedings under Criminal Procedure Code and Indian Penal

Code

2) Protect discrimination and privacy;

3) Underlying causes of vulnerability to HIV infection and risk-related issues;

4) Ensure access to HIV testing, counselling and support for risk reduction;

5) Amend laws that impede HIV prevention, care, treatment and support;

6) Set parameters on the use of criminal law to avoid its over-extension;

7) Ensure safeguards against misuse of public health laws and powers;

8) Establish prosecutorial guidelines to avoid misuse of criminal law;

9) Provide legal support and services; and educate judiciary, police as well as

lawyers;

10) Ensure fairness in the conduct of proceedings;

11) Protect the confidentiality of medical/counselling information and during

legal proceedings;

12) Use coercive measures as a last resort;

Hope its useful and make sense,

Best Wishes and Regards,

Avnish

Avnish Jolly

e-mail: <avnishjolly@...>