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

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Presentation transcript:

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 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

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

Why criminalizing? Countries with the most convictions*: USAOver 300 Canada63 Sweden38 Austria30 Switzerland30 France15 Norway14 Netherlands14 Germany14 ________________________ *

Why criminalizing? No evidence on 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

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

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 as punishment (i.e. retribution) for causing or risking harm? Where is the the “Golden Middle”? Do we need criminalization?

What is the criminalization? Criminalization of HIV transmission or exposure the application of the criminal law to prosecute the transmission of or exposure to the human immunodeficiency virus (HIV) to another person

What is the criminalization? Some countries have developed laws which explicitly relate to HIV that prohibit transmission or exposure of another person to HIV. Other countries have applied existing laws to prosecute the transmission of HIV where specific laws on HIV do not exist.

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

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?

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

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