Philippine National Convention on AIDS 2014

Ryan R. Pinili, PTRP

To date about 60 countries had laws that
criminalizes HIV transmission or exposure.
Some countries who have applied the law to some
PLHIVs are the following:
Netherlands, Poland, Australia, Canada, Finland,
New Zealand, Russia, United Kingdom& the United
States
In May of this year Uganda is added to the list.
From a public health perspective, HIV sero-
status exposure laws can be viewed as
structural interventions that seek to limit the
spread of HIV by acting at the policy level.
2
Section 34: Disclosure to Sexual Partners
Any person with HIV is obliged to disclose
his/her HIV status and health condition to
his/her spouse or sexual partner at the
earliest opportune time.
Section 34: Disclosure to Sexual Partners
Any person with HIV is obliged to disclose
his/her HIV status and health condition to
his/her spouse or sexual partner at the
earliest opportune time.
WHEN is the earliest opportune time?.
According to UNAIDS there is no direct
evidence to suggest that criminalising HIV
transmission is an effective means to prevent
the further spread of the virus or achieve
criminal justice. 51
In many parts of the world, legislation
effectively criminalizes populations living
with HIV or vulnerable to HIV infection, such
as sex workers, drug users, and men who
have sex with men.
Source: Human Rights Watch
World AIDS Day: Punitive Laws Threaten HIV
Progress
These laws fuel stigma and discrimination,
increase barriers to HIV information and
treatment, and contribute to the spread of
disease, Human Rights Watch said.
Source: Human Rights Watch
World AIDS Day: Punitive Laws Threaten HIV
Progress
Elsewhere, laws criminalizing HIV transmission
discourage HIV testing, potentially subjecting
those who know their HIV status to criminal
penalties while exempting those who are
unaware of their infection.
Source: Human Rights Watch
World AIDS Day: Punitive Laws Threaten HIV
Progress
While it is perhaps an understandable reaction
on the part of individuals to want to seek
redress through the courts for becoming
infected, on an epidemic-wide level it has
been argued that criminalisation does a lot
more harm than good.
Source: AVERT (AVERTing transmission of HIV & AIDS): Criminalization of HIV Transmission
EDUCATION = LESS STIGMA
RIGHTS = RESPONSIBILITY