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HIV and criminalization : prevention or punishment

HIV and criminalization : prevention or punishment. XVIII International AIDS Conference Global Village 22 July, 2010. Why criminalizing?. Criminal Law and Law Enforcement is the State instrument to protect the society

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HIV and criminalization : prevention or punishment

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  1. HIV and criminalization: prevention or punishment XVIII International AIDS Conference Global Village 22 July, 2010

  2. Why criminalizing? • Criminal Law and Law Enforcement is the State instrument to protect the society • Application towards PLWH who transmit or expose others to HIV infection. • The Legal framework is different in different countries: direct regulations or application of other laws. • Enforcement: statistics and prosecutions vary drastically from country to country

  3. Why criminalizing? • Finland: no statistics • Denmark: 9 persons since 1999* • Russia: 23 persons 1997-2003, exposure only (not imprisoned) __________ * HIV and the Criminal Code in the Nordic Countries. Hiv-Nordic, 2010

  4. Why criminalizing? Countries with the most convictions*: ________________________ * http://criminalisation.gnpplus.net.

  5. Why criminalizing? • No evidenceon criminal law application serving the prevention goals • Prosecutions are increasing despite the enforcement of criminalization laws • Negative impact on access to services • Sensational media reports: stigma and discrimination, impact on prevention strategies

  6. Why criminalizing? Associate factors: • Criminalization of risky behavior (sex work, drug use, sex with someone of the same sex) • Mother-to-child transmission

  7. Why criminalizing? Key questions: • Has the society right to protect itself from anyone who may affect it? • Is the application of criminal law to HIV transmission justified aspunishment (i.e. retribution) for causing or risking harm? • Where is the the “Golden Middle”? Do we need criminalization?

  8. What is the criminalization? Criminalization of HIV transmission or exposurethe application of the criminal law toprosecute the transmission of or exposure to the humanimmunodeficiency virus (HIV) to anotherperson

  9. What is the criminalization? • Some countries have developed laws whichexplicitly relate to HIVthat prohibit transmission orexposure of another person toHIV. • Other countries have applied existing laws toprosecute thetransmission of HIV where specificlaws on HIV do not exist.

  10. What is the criminalization? Objectives:* • to provide retribution • to offer a deterrent • to incapacitate • to rehabilitate • to provide restitution _____________________ * UNAIDS (2002) Policy Options Paper

  11. What is the criminalization? Should criminal law be applicable only in cases of actual transmission of HIV, or also in cases of exposure to HIV without transmission?

  12. Stigma is one the most harmful factors in effective addressing HIV/AIDS

  13. Conclusions • The need to adhere to a human rights-based approach to HIV • The need for caution in applying criminal law • The need to increase focus on prevention • The need to address the vulnerability of women and girls • The need for increased resources for work on HIV and human rights

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