The criminalization of HIV transmission and exposure is neither well documented nor understood. Many have assumed that such prosecutions can only have a positive impact on HIV prevention and will provide justice for people who feel that they have been ill-treated by a sexual partner.
People living with HIV, community advocates and public health experts are increasingly aware that the reality of HIV criminalization is far more complex. Growing evidence from around the world suggests that prosecutions for HIV transmission or exposure do not prevent HIV transmission. They can instead serve to undermine HIV prevention efforts, damage public health strategies, and infringe the rights of individuals involved in specific cases as well as marginalize all people living with HIV.
The following 'Ten Questions' explores the most common assumptions about HIV criminalization and details the impact that criminalization is having around the world.
- What is 'criminalization'?
- What laws are used?
- How does it impact on public health?
- Does it increase HIV-related stigma?
- Where is the criminal law being used?
- What impact does media coverage have?
- What are the legal implications of criminalizing HIV?
- What are the human rights implications?
- What are the alternatives to criminalization?
- Why we must act now.