Women and the criminalisation of HIV transmission : Law reform setbacks and successes Johanna Kehler AIDS Legal Network.

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Women and the criminalisation of HIV transmission : Law reform setbacks and successes Johanna Kehler AIDS Legal Network

AIDS2010 Vienna Women & Criminalisation of HIV Criminalisation of HIV Transmission Criminalisation Laws Unjust and ineffective public health policy A threat to human rights An adverse effect on women

AIDS2010 Vienna Women & Criminalisation of HIV Criminalisation of HIV Transmission Legislative Trends Growing number of countries criminalise HIV transmission Criminalisation often linked to  Mandatory and/or compulsory HIV testing  Disclosure and/or partner notification

AIDS2010 Vienna Women & Criminalisation of HIV Criminalisation of HIV Transmission Concerns & Challenges Often supported by ‘women’s rights’ organisations Fuels the ‘divide’ between public health needs and human rights obligations Lack of large-scale ‘evidence base’

AIDS2010 Vienna Women & Criminalisation of HIV Women and Criminalisation of HIV Women’s Realities 61% of all people living with HIV are women Gendered inequalities and power relations Gender violence Least in control over their bodies and decisions

AIDS2010 Vienna Women & Criminalisation of HIV Women and Criminalisation of HIV Women’s Realities Women are  First to know  Blamed  ‘Forced’ to test  ‘Unable’ to negotiate safer sex

AIDS2010 Vienna Women & Criminalisation of HIV Women and Criminalisation of HIV Implications for Women Heighten women’s risks of HIV and rights abuses Heighten the risk of violence and abuse women face Strengthen prevailing gendered inequalities and related rights abuses in families, communities and healthcare settings

AIDS2010 Vienna Women & Criminalisation of HIV Women and Criminalisation of HIV Implications for Women Further promote stigma, discrimination and other violation of rights Deter women from accessing HIV prevention, testing, care and support services

AIDS2010 Vienna Women & Criminalisation of HIV Successes and Setbacks Successes None thus far Non-inclusion of criminalisation clauses Removing criminalisation clauses Setbacks Impact on women Impact on AIDS response Threat to human rights

AIDS2010 Vienna Women & Criminalisation of HIV We need supportive legislation, not laws that further criminalise women! THANK YOU