February 28 marks the important HIV Criminalization Awareness Day. This day is a reminder of the need to address the discrimination and injustice faced by people living with HIV (PLHIV). HIV criminalization leads to serious human rights violations, limited access to health care, and increased stigma. Virusoff offers a look at some specific examples of this problem and efforts to address it.
Examples of HIV criminalization:
- Criminalization of HIV transmission: in various countries, there are cases of people being criminalized for alleged HIV transmission. For example, in the United States in 2008, the case of Adrian Payne gained public attention. Payne was sentenced to 35 years in prison for inadvertently transmitting HIV to his partner, even though the transmission occurred as a result of consenting to a mutually known risk.
- Denial of medical care: Some countries prohibit PLHIV from entering their territory or issuing visas, which is a form of criminalization. Such policies lead to denial of medical care because people may be afraid to disclose their HIV status for fear of harassment or deportation.
- Discrimination in the workplace: PLHIV also faces discrimination in the workplace due to stigma and lack of understanding about HIV/AIDS. Denial of employment, dismissal, or other forms of discrimination can make it difficult to access the income and insurance needed to receive treatment.
The Eastern Europe and Central Asia (EECA) region also has a range of challenges facing the community:
- Criminal prosecution for intentional HIV transmission: in some EECA countries, there are cases of criminal prosecution for alleged intentional HIV transmission. Such cases may be based on laws that criminalize the transmission of infectious diseases, including HIV. However, these laws are sometimes misapplied and may result in disproportionate penalties.
- Lack of protection of rights in accessing health care: PLHIV in the region may face denial of health care or inadequate support due to stigma and discrimination. This may be particularly true for vulnerable groups such as people who use drugs, sex workers, or the LGBTIQ community.
- Legal restrictions on the rights of LGBTIQ people and people with HIV: Some EECA countries have laws that restrict the rights of LGBTIQ people, which may also affect people with HIV. For example, bans on “homosexual propaganda” may create additional barriers to the provision of HIV/AIDS prevention information and services.
- Lack of support and advocacy programs: Support and advocacy programs for people living with HIV are underdeveloped. This may include a lack of accessible legal services, psychosocial support, and interventions that address stigma and discrimination.
HIV Criminalization Awareness Day reminds us to fight for justice and equity for people living with HIV. But on any other day, it is also important to continue to educate the community about HIV, reducing stigma and increasing understanding of health and human rights principles. This will help prevent undue criminalization and discrimination. It is important to understand that the road to decriminalization is long, but countries are reviewing their laws and making changes to prevent wrongful criminal prosecutions. Enacting laws that protect the rights of people with HIV is important to ensure their equal opportunity. And supporting civil society and human rights groups helps create a more equitable and supportive environment.