The March 2018 edition of the Positive Justice Project newsletter is available here.
Webinar: PWN-USA HIV Criminalization First Responders Series: Activating Support Networks (PWN-USA, 2018)
The second webinar in the First Responder series focuses on activating support networks for people experiencing HIV criminalization. This webinar covers how to work with local coalitions and organizations, how to create fundraising campaigns, and how to create social support systems that keep people living with HIV who are incarcerated connected to their communities and community resources.
Webinar: PWN-USA HIV Criminalization First Responders Series: Laws, Facts and Policy (PWN-USA, 2018)
The first webinar in PWN-USA’s HIV Criminalization First Responder series included an an overview of respectful, person-first language use, facts about HIV criminalization, and what rights people living with HIV have when they are criminalized. This session also covered how to research state law and policy that impacts people living with HIV. This session featured PWN staff and chapter leaders Barb Cardell and Bonetta Spratley.
African Commission launches report providing framework for an African human rights-based response to HIV
News release: Human Rights organisations applaud African Commission’s launch of HIV report
Abidjan, Côte d’Ivoire – On this International Human Rights Day, regional human rights organisations commend the African Commission on Human and Peoples’ Rights (ACHPR) on the adoption and launch of the summary version of the Report on the Law and Human Rights in the African Human Rights System: Key Challenges and Opportunities during ICASA 2017 in Abidjan, Côte d’Ivoire.
The Report was developed by the Commission’s Committee on the Protection of the Rights of People Living with HIV and Those at Risk, Vulnerable to and Affected by HIV (HIV Committee) through a process of extensive consultation and engagement with experts and civil society over a period of two years. This report is the first of its kind. It provides a framework for an African human rights-based response to HIV. It illustrates what human rights law demands of States in the context of HIV, and describes both barriers and good practices for effective rights-based responses. As a body vested with the broad mandate for the protection and promotion of human rights in Africa, it is significant that the Commission is recognising HIV as an urgent and significant human rights concern.
In trying to push for an end to the HIV epidemic, some States in the region continue to propose and implement coercive and punitive solutions that violate human rights. While there have been great strides in new biomedical interventions in the HIV response, the Commission’s Report is a reminder that the end of HIV will not be achieved without human rights at the heart of the response.
“The Commission is a critical instrument for enforcing human rights in Africa. We commend the Commission for its leadership in ensuring that human rights are at the centre of the HIV response. The advancements in medicines for HIV and models of care cannot be of any use unless people’s human rights are respected and structural barriers to accessing HIV care and treatment are removed,” said Michaela Clayton, Director of the AIDS and Rights Alliance for Southern Africa (ARASA).
“Through the Report, the Commission affirms the obligation of States to promote non-discrimination particularly, discrimination based on sexual orientation and gender identity; and to address the systemic violations of the rights of key populations and marginalised groups in particular, the right to health which exacerbates vulnerability to HIV ,” says Humphrey Ndondo, Executive Director of the African Men for Sexual Health and Rights (AMSHeR).
“We hope that the Report will guide the Commission, States, and other stakeholders, in their decision making,” said Kaajal Ramjathan-Keogh, Executive Director of the Southern Africa Litigation Centre. “We call on States to engage with this important Report, and take note of both the barriers and good practices described.”
International Human Rights Day, marked on 10 December, must serve as a reminder of the importance of human rights when addressing HIV. It is a day where society should not only celebrate human rights, but keep in mind the long road ahead and the continuing human rights challenges that must be addressed if we are to end AIDS as a public health threat.
ENDS
For more info:
Lesley Odendal, Communications Lead, AIDS and Rights Alliance for Southern Africa (ARASA): communications@arasa.info, +27 72 960 8991
Annabel Raw, Southern Africa Litigation Centre (SALC): annabelr@salc.org.za, +27 10 596 8538
See www.achpr.org for more about the African Commission on Human and Peoples’ Rights (ACHPR) and the report.
US: PJP Update – November 2017
The November 2017 edition of the Positive Justice Project newsletter is available here.
Philippines: LGBTQ rights groups and advocates appeal to government authorities and medias to "Stop HIV shaming"
‘Stop HIV shaming’: When status is not the story
MANILA, Philippines – When agents of the Philippine Drug Enforcement Agency (PDEA) arrested 11 men in a drug bust at a hotel in Taguig City on Monday, November 27, the agency revealed more information than necessary during its press conference the following day.
Aside from announcing the raid yielded P387,000 worth of party drugs, PDEA showed mug shots of suspects and even mentioned that one of them is positive for HIV.
Immediately, mugshots photos of the suspects and keywords like “gay men,” “orgy,” and, “HIV” appeared in headlines and social media posts referring to the raid.
Netizens and advocates from the lesbians, gays, bisexuals, transexual, and queer (LGBTQ) community slammed the PDEA and media outlets that carried the angle for baring the mugshots and the disclosure of one’s HIV status. They argued that, by doing so, PDEA and the media outlets only helped perpetuate the stigma attached to the LGBTQ community and people living with HIV.
Unfortunately, this incident took place only 3 days before the world observes the World AIDS Day on Friday, December 1.
Guidelines for authorities
Disclosing to the media that one of the suspects tested positive for HIV was unnecessary, according to Senator Risa Hontiveros and several LGBTQ rights groups and advocates, like Dakila, Red Whistle, Pedal HIV, and UP Babaylan.
Their appeal to government authorities is the same: Stop HIV shaming. (READ: [DASH of SAS] Better police handling, media coverage of drugs and HIV needed)
“While the use of prohibited drugs is illegal, their sexual orientation and HIV status are unimportant and should have been treated with utmost sensitivity and respect,” UP Babaylan said in a statement.
While PDEA has since apologized, Hontiveros said in a statement released on Wednesday, November 29, that PDEA and law enforcement agencies should train themselves on the ethics and protocols in the proper handling of persons living with the human immunodeficiency virus (PLHIV).
“I welcome PDEA’s apology, but we cannot ignore the mental and emotional damage already inflicted on the said person. Living with HIV is not a crime. Whatever legal and criminal charges he is facing, testing positive for HIV has nothing to do with them,” Hontiveros said.
Hontiveros added that government agencies like PDEA should be at the forefront when it comes to fighting the stigma attached to PLHIV.
“Our authorities should help in telling the public that the HIV-AIDS epidemic can be effectively addressed and that persons living with HIV should have their rights protected. Our authorities should not aid the further stigmatization of those living with the disease,” she added.
Media reporting
Advocates, on the other hand, chided media groups that carried the angle for their unethical and sensational reporting. According to them, media groups that unnecessarily highlighted the HIV reference violated the confidentiality clause stated in the Republic Act 8504 or the Philippines AIDS Prevention and Control Act of 1998.
Article 6 of the HIV law generally aims to promote confidentiality in handling all medical information, particularly the identity and status of PLHIV. (INFOGRAPHIC: How is HIV transmitted?)
In the Philippines, there are no clear guidelines and prohibition in media on HIV disclosure. Bills filed by Dinagat Island Representative Kaka Bag-ao and Senator Risa Hontiveros seek to address this gap by strengthening the confidentiality clause of the current HIV law.
Globally, groups observe the following ethical guidelines and principles in reporting about HIV and AIDS:
- Accuracy is critical.
- Misconceptions should be debunked.
- Clarity means being prepared to discuss sex.
- Balance means giving due weight to the story.
- Journalists should hold all decision makers to account.
- Journalists should ensure that the voices and images of people living with and affected by HIV and AIDS are heard and seen.
- Journalists should respect the rights of people with HIV and AIDS.
- Particular care should be taken in dealing with children.
- Discrimination, prejudice, and stigma are very harmful.
These guidelines were echoed by the Center for Media Freedom and Responsibility (CMFR), a media watchdog.
In a phone interview with Rappler, CMFR editorial manager Lawrence Idia said journalists bear the responsibility of discerning which information to report to the public.
“On the part of the media, when you obtain information, you should also make sure that it does not cause any harm or violate privacy. In this case, the stigma should not have been reinforced,” he said in a mix of English and Filipino.
Idia said setting guidelines for the media on reporting sensitive issues like HIV and AIDS would be good starting point in helping break the stigma.
Fighting the stigma
Advocates agreed that the actions of PDEA and some media groups greatly affected the country’s fight against the stigma attached to PLHIV and against the health epidemic in general.
Last August, the Department of Health (DOH) cited the latest data from the UNAIDS Report on global HIV epidemic states, and announced that the Philippines has the “fastest growing” HIV epidemic in Asia-Pacific.
According to the report, the new HIV cases among Filipinos more than doubled from 4,300 in 2010 to 10,500 in 2016.
“Just reading the comments from the articles about the buy-bust is disheartening. This stigma against the LGBTQ+ Community and people with HIV/AIDS should not be tolerated,” Dakila communications director Cha Roque said.
In any case, this drawback did little to dampen the spirits of advocates who are at the frontlines in the goal to raise awareness about HIV and AIDS.
“We need to be constantly talking about how our society deals with the LGBTQ+ community. Dakila believes that as much as we celebrate that ‘love wins,’ we shall also remember that with love comes the right to express yourself, and not to be discriminated for it,” added Roque. – Rappler.com
US: Webinar on HIV criminalisation primarily aimed at defense lawyers organised by NACDL and CHLP on Dec 15
On December 7, 2017, the National Association of Criminal Defense Lawyers (NACDL) and The Center for HIV Law & Policy (CHLP), will co-host a webinar on HIV Criminalization that will provide participants with a medical primer about the current state of medicine with regard to HIV research and treatment. This primer, geared toward criminal defense attorneys, but open to all, will be coupled with a discussion on how to use medical research to develop defenses, present the court with mitigation, negotiate favorable pleas for clients, and litigate constitutional, evidentiary, and discovery issues. There will also be a section exploring the ethical issues that attorneys must grapple with when handling these cases.
Date: Thursday, December 7, 2017
When: 1:30 p.m. – 3:00 p.m. ET
Cost: FREE
CLE credit: Available for up to *1.5 hours of CLE (general) where self-study credit authorized and approved.
Register: Click here to register.
Note: Confirmed registrants will receive a web link via email the morning of the event.
Registrants will be sent a link to the written CLE materials in advance of the webinar.
Presenters
Dr. David Wohl (Chapel Hill, NC)
David Alain Wohl, MD is a Professor of Medicine in the Division of Infectious Diseases at the University of North Carolina (UNC). He is Site Leader of the UNC AIDS Clinical Trials Unit at Chapel Hill, Director of the North Carolina AIDS Education and Training Center (AETC) and Co-Directs HIV Services for the North Carolina state prison system. In 2014, he became Co-Director of the UNC-Duke-Clinical RM Ebola Response Consortium. Dr. Wohl’s research aims to optimize the treatment of HIV including the identification of the most effective therapeutic approaches, and minimizing adverse effects of therapy. He also is active in investigations focused on HIV vulnerable populations, such as the incarcerated. He is active within the US AIDS Clinical Trials Group and HIV Prevention Trials Network and served two terms as a member of the US Department of Health and Human Services Antiretroviral Guidelines Panel. As part of the response to the 2013-16 Ebola outbreak in West Africa, Dr. Wohl led UNC clinical research efforts to test interventions for Ebola Virus Disease in Liberia and now directs a clinical cohort of Ebola survivors. In addition to his research and administrative activities, Dr. Wohl maintains a large HIV continuity clinic at UNC.
Stephen Scarborough (Atlanta, GA)
Stephen R. (Steve) Scarborough is a criminal defense attorney in Atlanta whose practice focuses on appellate and post-conviction matters in state and federal courts. A graduate of Emory University and Yale Law School, he has been a longtime public defender, a staff attorney at the Southern Regional Office of Lambda Legal, and an attorney in private practice representing persons accused in serious felony cases. He is interested in the intersection of the criminal law and public health and has represented several persons who were accused of HIV-related offenses or were subject to enhanced sentences on account of their status. He is part of a community effort to replace Georgia’s outdated, HIV-specific reckless conduct statute, which imposes felony liability in a broad range of cases where transmission of HIV is nearly or totally impossible.
Webinar on Wednesday, Nov. 15: HIV Criminalisation Beyond Non-Disclosure: Advocacy Toolkits on Intersections with Sex Work and Syringe Use
Introducing HIV Criminalization Beyond Non-Disclosure: Advocacy Toolkits on Intersections with Sex Work and Syringe Use
Webinar: Wednesday, November 15, 3:30-4:30 pm ET
Join The Center for HIV Law and Policy, The National LGBTQ Taskforce, and Reframe Health and Justice Consulting for this webinar to learn about the jointly launched resource, HIV Criminalization Beyond Non-Disclosure: Advocacy Toolkits on Intersections with Sex Work and Syringe Use.
The toolkits highlight the intersections between advocacy for HIV criminal law reform, decriminalization of sex work, and safe syringe access. These different advocacy communities share many common goals and constituencies, yet do not generally work in close collaboration or collectively strategize.
The webinar will introduce you to these intersections and include a discussion of how the toolkits can enhance your own advocacy, as well as Q and A.
Click here to register!
HIV JUSTICE Toolkit to support advocacy against HIV criminalisation now online
HIV JUSTICE WORLDWIDE today announced the launch of the HIV Justice Toolkit, which aims to support advocates to oppose HIV criminalisation at all levels – from educating communities and lawmakers to defending individual cases.
Curated by Sally Cameron, Senior Policy Analyst at the HIV Justice Network (HJN) with input and assistance from HJN’s Global Co-ordinator, Edwin J Bernard and HJN’s Research/Outreach Co-ordinator, Sylvie Beaumont, the Toolkit’s creation was faciliated by the HIV JUSTICE WORLDWIDE Steering Committee, designed by Thomas Patterson/NAM, and supported by a grant from the Robert Carr civil society Networks Fund.
“We are delighted at the launch of this timely HIV Justice Toolkit. Advocates will find that the use of this Toolkit will increase collaborative and targeted responses for the most vulnerable – in our case women living with HIV, who often suffer the most because of HIV criminalisation. The Toolkit is timely in galvanising action and encouraging activists and communities to proactively mount evidence-based advocacy campaigns to end HIV criminalisation.”
Lynette Mabotte, Southern and East Africa Regional Programmes Lead,
The Toolkit is a comprehensive compendium of almost 300 documents and videos, organised under twelve main headings, each of which is broken down into futher subsections.
- How HIV criminalisation undermines the HIV response
- What the experts says
- Organising advocacy
- Understanding the law
- Initiating policy and law reform
- Supporting fair and robust trials
- Using science to prove your argument
- Working with police
- Educating prosecutors
- Educating judges
- Getting the message right
- Other toolkits
The entire Toolkit is also searchable by keyword.
“This easy-to-read summary of critical resources is a tremendous contribution to the fight to end HIV criminalisation. We will reference and utilise this important new addition to the HIV JUSTICE WORLDWIDE site frequently.”
Sean Strub, Executive Director, Sero Project
Although the Toolkit is currently only available in English, where documents already exist in other languages, these are included.
HIV JUSTICE WORLDWIDE are now working on a French version of the Toolkit, with other languages (i.e. Spanish and Russian) due in 2018, depending on demand, capacity and funding.
Explore the resources contained within the HIV Justice Toolkit at: http://toolkit.hivjusticeworldwide.org/
If you find the Toolkit useful and/or you have resources you would like featured in the Toolkit please contact us.
New video advocacy tool: How to organise to change the law – the story of the Colorado Mod Squad
The Toolkit also features a new video advocacy tool, ‘The Colorado Story’ which explains in 15 minutes how a group of dedicated advocates in Colorado ‘modernised’ their HIV-related laws to improve the legal environment for people living with HIV.
Featuring Barb Cardell and Kari Hartel of the Colorado Mod Squad and Colorado State Senator, Pat Steadman, the video was written and introduced by HJN’s Edwin J Bernard, with interviews by Mark S King, and directed / produced by Nicholas Feustel for the HIV Justice Network/HIV JUSTICE WORLDWIDE.
About HIV JUSTICE WORLDWIDE
HIV JUSTICE WORLDWIDE is a growing, global movement to shape the discourse on HIV criminalisation as well as share information and resources, network, build capacity, mobilise advocacy, and cultivate a community of transparency and collaboration.
The mission of HIV JUSTICE WORLDWIDE is to seek to abolish criminal and similar laws, policies and practices that regulate, control and punish people living with HIV based on their HIV-positive status.
We believe that this HIV criminalisation is discriminatory, a violation of human rights, undermines public health, and is detrimental to individual health and well-being.
To learn more, visit http://www.hivjusticeworldwide.org
US: PJP update – September 2017
The September 2017 edition of the Positive Justice Project newsletter is available here.