[afro-nets] UNAIDS: Concern over Criminalization of HIV Transmission

Cross posted from: "[health-vn discussion group]" health-vn@cairo.anu.edu.au

http://www.unaids.org/en/KnowledgeCentre/Resources/FeatureStories/archive/2007/20071106_criminalization_HIV_transmission.asp

Concern over Criminalization of HIV Transmission

Several countries have recently introduced laws to criminalise HIV transmission, or exposing another person to the virus. 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. Subject of controversy, these 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.

Addressing these issues, UNAIDS brought together a range of stakeholders in Geneva for a three-day international consultation (31 October – 2 November) to discuss the apparent trend of criminalization of HIV transmission in the context of national responses to AIDS.

The purpose of the consultation, co-hosted by the UNAIDS Secretariat and UNDP, was to foster dialogue and provide an opportunity to reach an understanding of what constitutes appropriate application of criminal law to HIV transmission, if at all, given public health and human rights imperatives. Participants in the meeting included parliamentarians, members of the judiciary, criminal law experts, civil society representatives and people living with HIV, alongside representatives of WHO, ILO and the Office of the UN High Commissioner for Human Rights.

Consultation participants 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, consultation participants stated clearly that such laws are not an effective way of dealing with the transmission of HIV.

"Like in the early years of the epidemic when I declared that we have now 'HIL – Highly Inefficient Laws', when there were the proposals for testing everyone in society, we now have a new wave of HIL. And it's a wave that's coming particularly in Africa, but also in other parts of the world," stated Justice Michael Kirby, judge in the High Court of Australia, in the concluding session of the consultation.

While little is known about the impacts of criminalizing HIV transmission, many are concerned that it may have a negative impact on the uptake of HIV testing and access to HIV prevention, treatment and care services. Sensational media reports can exacerbate stigma and discrimination, and jeopardize HIV prevention strategies currently in place. "Applying criminal law to HIV transmission has a heightened role in stigmatizing HIV, it is ineffective and public health strategies are better used to advance HIV prevention," said Justice Edwin Cameron, Supreme Court of Appeal, South Africa.

Furthermore, there is also concern that criminal proceedings may compromise basic civil rights such as the right to privacy, especially among the most vulnerable populations. Some legislators and women's rights groups think such laws will protect women from HIV infection, but as Susan Timberlake, UNAIDS Human Rights and Law Advisor noted, "There is great concern that in fact these laws would hurt women most, as it is women who first find out their status and thus will be first subject to prosecution. Laws to ensure women's equality inside and outside marriage would protect them more than laws criminalizing HIV transmission."

Recommendations from the meeting will inform the finalization of UNAIDS' policy position and other guidance documents on the criminalization of HIV transmission. "A clear message from the meeting was that criminal law is a very blunt tool to deal with HIV," said Seema Paul, UNAIDS Chief of Policy Coordination. "The real goal of policy makers is preventing new infections but, in fact, criminalizing HIV transmission – excepting in a very small sub-set of cases dealing with retributive justice – will create disincentives for learning about one's HIV status and accessing health and other services," she added.

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Vern Weitzel
mailto:vern.weitzel@gmail.com

Hello All,

I applaud criminalizing transmission of HIV if the person transmitting is aware of his/her status. Indifference as to the safety of others for self gratification is truly the sign of a low life, and should be addressed with swift and appropriate penalties.

Craig

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Craig Audiss
mailto:cybrcollectinc@yahoo.com

Hi Craig,

You are right about that. I don't understand why people should keep spreading the virus when they know they have it. To make matters once to the younger generation.
   
Regards,
Debbie.

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Ntege debbie
mailto:debbiebolt2003@yahoo.com

Debbie,

Thanks for the posting, I would hope that all could agree with us. I think the main reason for people doing this is indifference. It seems that there are people that only care about themselves and no one else.

Personally if someone did that to me or a loved one of mine I would make a very public and very brutal example of him/her. This is a good way of setting an example for others to be aware and afraid to knowingly being indifferent to spreading this horrible disease. These are the examples that our fore fathers would also embrace in a world that no longer looks out for others and their well being. We are all members of the HUMAN race and should try to help if possible. People who demonstrate a willingness to harm others if held in extreme contempt will learn to be nice..... hopefully.

Cheers,
Craig

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Craig Audiss
mailto:cybrcollectinc@yahoo.com