Criminalization and funding cuts threaten global progress against HIV/AIDS

High-risk HIV groups facing record levels of criminalisation as countries bring in draconian laws

Curbs on LGBTQ+ rights and a halt to US funding may reverse decades of progress in fight to end Aids epidemic, warns UNAids.

People at higher risk of HIV, such as gay men and people who inject drugs, are facing record levels of criminalisation worldwide, according to UNAids.

For the first time since the joint UN programme on HIV/Aids began reporting on punitive laws a decade ago, the number of countries criminalising same-sex sexual activity and gender expression has increased.

In the past year, Mali has made homosexuality a criminal offence, where the law previously only banned “public indecency”, and has also criminalised transgender people. Trinidad and Tobago’s court of appeal has overturned a landmark 2018 ruling that decriminalised consensual same-sex relations, reinstating the colonial-era ban. In Uganda, the 2023 Anti-Homosexuality Acthas “intensified the proscription of same-sex relations”, and Ghana has moved in a similar direction with the reintroduction of legislation that would increase sentences for gay sex.

The crackdown on gay rights comes as the fight against HIV/Aids has been hit by abrupt US funding cuts, which have combined with “unprecedented” humanitarian challenges and climate crisis shocks to jeopardise hopes of ending the global epidemic this decade, UNAids said.

Several groups of people, known as “key populations”, are more likely to be infected with HIV. They include sex workers, gay men and other men who have sex with men, people who inject drugs, transgender people, and those in prisons and other enclosed settings.

In 2025, only eight of 193 countries did not criminalise any of those groups or behaviours, or criminalise non-disclosure of HIV status, exposure or transmission, according to the report.

The number of people infected by HIV or dying from Aids-related causes in 2024 was the lowest for more than 30 years, according to the UNAids annual report, at 1.3 million and 630,000 respectively.

Progress was uneven – ranging from a 56% fall in infections since 2010 in sub-Saharan Africa to a 94% increase in the Middle East and North Africa. But coupled with scientific advances – such as twice-yearly drugs to prevent infection – the world had the “means and momentum” to end Aids as a public health threat by 2030, an internationally agreed goal, it said.

However, that has been “seriously jeopardised” in the early months of this year after sweeping US aid cuts that could undo decades of progress. In January, Donald Trump cut funding that had underpinned much of the global HIV response almost overnight.

The report highlights HIV-prevention services as an area of concern, with many particularly reliant on donor funding. The reported number of people receiving preventive drugs in Nigeria in November 2024 was approximately 43,000. By April 2025, that number had fallen to below 6,000.

Activists say access to prevention will be a particular issue for key populations, who may not be able to access mainstream healthcare due to factors such as stigma or fear of prosecution, but relied on donor-funded community clinics that have now closed.

Key populations were “always left behind”, said Dr Beatriz Grinsztejn, president of the International Aids Society (IAS).

The report is being released before an IAS conference next week in Kigali, Rwanda, where researchers will share data on the impact of cuts.

Modelling by Bristol University calculated that a one-year halt in US funding for preventive drugs in key populations in sub-Saharan Africa would mean roughly 700,000 people no longer used them, and lead to about 10,000 extra cases of HIV over the next five years.

UNAids modelling suggests that without any replacement for funding from US Pepfar (president’s emergency plan for Aids relief), an additional 4m deaths and 6m new infections could be expected globally by 2029.

However, Winnie Byanyima, executive director of UNAids, said 25 of the 60 low- and middle-income countries included in the report had found ways to increase HIV spending from domestic resources to 2026. “This is the future of the HIV response – nationally owned and led, sustainable, inclusive and multisectoral,” she said.

Benin: MPs attend workshop to gain up-to-date knowledge to support review of HIV Law

HIV/AIDS in Benin: towards a review of the law on prevention and care, MPs equipped

Translated with Deepl – Scroll down for original article in French

In Grand Popo, MPs and officials from the National Assembly are meeting for an update workshop on HIV/AIDS, an initiative aimed at strengthening the national response through the revision of existing legislation, which has become obsolete in the face of new challenges posed by the pandemic.

Members of the National Assembly’s standing committees and parliamentary administrators, brought together at the initiative of the Benin Parliamentary Institute (IPaB) and the Health Programme to Combat AIDS (PSLS), are attending a briefing workshop supported by UNAIDS. The objective is clear: to equip elected officials and managers with up-to-date knowledge to support the revision of Law No. 2005-31 of 5 April 2006, which is now outdated in light of the evolution of the pandemic.

MP Victor Topanou, chair of the education committee, opened the proceedings on Monday 30 June 2025. He emphasised the central role of parliamentarians in the fight against HIV/AIDS. In view of the decline in attention in recent years, particularly due to the COVID-19 health crisis, he reiterated the urgent need to revitalise political and legislative action. He stressed that MPs are both community leaders and lawmakers, and are responsible for ensuring the political will necessary to eradicate HIV/AIDS by 2030.

The call for legal reform was well received by participants. Dr Diallo Yayé Kanny, UNAIDS Country Director in Benin, highlighted the need to update the legal framework at a time when international standards are evolving and challenges remain. She called on MPs to examine the upcoming bill with diligence. She emphasised the importance of a text that incorporates scientific advances and human rights protection requirements.

According to Dr Anita Wadagni of the Ministry of Health, the future law aims to strengthen protection for people living with HIV/AIDS, guarantee equitable access to care, combat stigma and regulate the responsibilities of public and private actors. This modernised vision is part of an inclusive and humanistic approach, in line with the country’s public health ambitions.

The discussions also highlighted the current epidemiological picture. While the prevalence rate among adults aged 15 to 49 is declining (0.7% in 2024), disparities remain, with much higher rates in certain regions and key populations. The UNAIDS Country Director recalled that, despite significant progress—a 46% decline in new infections and a 55% decline in AIDS-related deaths between 2010 and 2023—international targets remain out of reach.

The workshop, punctuated by three presentations and lively debates, aims to equip parliamentarians to rise to the challenge.


VIH/SIDA au Bénin : vers la relecture de la loi portant prévention et prise en charge, des députés outillés

À Grand Popo, députés et cadres de l’Assemblée nationale se réunissent pour un atelier de mise à jour sur le VIH/SIDA, une initiative visant à renforcer la riposte nationale à travers la révision de la législation en vigueur, devenue obsolète face aux nouveaux défis de la pandémie.

Membres des commissions permanentes de l’Assemblée nationale et responsables administratifs du Parlement, réunis à l’initiative de l’Institut parlementaire du Bénin (IPaB) et du Programme santé de lutte contre le SIDA (PSLS), bénéficient d’un atelier de briefing soutenu par l’ONUSIDA. L’objectif est clair : doter les élus et cadres de connaissances actualisées pour accompagner la révision en vue de la loi No 2005-31 du 5 avril 2006, désormais dépassée face à l’évolution de la pandémie.

Le député Victor Topanou, président de la commission de l’éducation, a ouvert les travaux, lundi 30 juin 2025. Il a insisté sur le rôle central des parlementaires dans la lutte contre le VIH/SIDA. Face à la baisse d’attention observée ces dernières années, notamment en raison de la crise sanitaire liée à la COVID-19, il a rappelé l’urgence de redynamiser l’action politique et législative. Les députés, a-t-il souligné, sont à la fois relais communautaires et artisans du droit, garants de la volonté politique nécessaire à l’éradication du VIH/SIDA à l’horizon 2030.

Le plaidoyer pour une réforme de la loi a reçu un écho favorable auprès des participants. Dr Diallo Yayé Kanny, Directrice-Pays de l’ONUSIDA au Bénin, a relevé la nécessité de mettre à jour le cadre légal, à l’heure où les standards internationaux évoluent et où les défis persistent. Elle a appelé les députés à examiner avec diligence le projet de loi à venir. Elle a souligné l’importance d’un texte qui intègre les avancées scientifiques et les exigences de protection des droits humains.

La future loi, selon Dr Anita Wadagni du ministère de la Santé, vise à renforcer la protection des personnes vivant avec le VIH/SIDA, garantir un accès équitable aux soins, lutter contre la stigmatisation et encadrer les responsabilités des acteurs publics et privés. Cette vision modernisée s’inscrit dans une dynamique inclusive et humaniste, en phase avec les ambitions de santé publique du pays.

Les échanges ont également mis en lumière le tableau épidémiologique actuel. Si le taux de prévalence chez les adultes de 15 à 49 ans est en baisse (0,7% en 2024), des disparités subsistent, avec des taux bien plus élevés dans certaines régions et populations clés. La Directrice-Pays de l’ONUSIDA a rappelé que, malgré des progrès notables — une baisse de 46% des nouvelles infections et de 55% des décès liés au SIDA entre 2010 et 2023 —, les objectifs internationaux restent encore hors de portée.

Les travaux de l’atelier, rythmés par trois communications et des débats nourris, visent à outiller les parlementaires pour qu’ils soient à la hauteur des enjeux.

New Zealand: Survey launches to find out how HIV criminalisation laws impact lives

New Zealand’s Outdated HIV Criminalisation Laws Need To Change

New Zealand is falling behind the rest of the world in decriminalising HIV. In Aotearoa people living with HIV can still be criminalised for not disclosing their status, even when there is no risk of transmission, creating barriers to the global goal of ending HIV transmission.

A new nationwide survey launched today is inviting people living with HIV in Aotearoa to share how the country’s outdated criminalisation laws and policies have affected their lives, as calls grow for urgent policy reform. The survey will also be assessing knowledge of the laws and public health pathways for managing HIV transmission.

Burnett Foundation Aotearoa, in partnership with Body Positive, Positive Women Inc and Toitū Te Ao, has launched the anonymous survey to gather insights from people living with HIV about how implementation of the current criminal laws, stigma, and public attitudes related to the management of HIV transmission have impacted their lives, wellbeing, and relationships.

“It is time that our laws and policies get up to speed with science, fairness, and human rights,” says Burnett Foundation Aotearoa Chief Executive Liz Gibbs. “Historically, we have been world leaders in our HIV response, but we are falling behind when it comes to how the law treats people living with HIV.”

“Criminalising people living with HIV doesn’t reduce transmission. It increases fear and stigma, which discourages people from testing and accessing treatment.”

Under the Crimes Act, it is a serious offence to deliberately infect someone with a disease—punishable by up to 14 years in prison—and HIV is the only condition this law is applied to.

Using a condom removes the legal need to disclose, but the law hasn’t been tested for people with an undetectable viral load, where there is zero risk of passing on the virus. New Zealand’s outdated legal system doesn’t reflect this scientific reality.

New Zealand among top HIV criminalisation hotspots

According to international research by the HIV Justice Network, New Zealand ranks among the top 15 HIV criminalisation hotspots in the world. There have been 10 criminal cases per 10,000 diagnosed individuals living with HIV. This places Aotearoa alongside countries like Canada, Russia, and the United States, despite its comparatively low HIV prevalence and small population.

“This kind of data shows how out of proportion our current response is,” says Gibbs. “It’s not just outdated, it’s excessive. And it targets some of the most marginalised and vulnerable people in our communities.”

Globally, HIV criminalisation has been shown to disproportionately affect people who already face systemic inequality, including those impacted by drug use, sex work, migration status, poverty, gender identity, and sexuality. Many prosecutions proceed even when no HIV transmission has occurred, often based on outdated ideas of risk.

Criminalisation a major barrier to HIV elimination

To meet the goals in New Zealand’s National HIV Action Plan and eliminate new transmissions, Gibbs says we must remove legal barriers that punish rather than support people living with HIV.

“We know what actually prevents transmission: testing, treatment, and education, not laws that scare people out of disclosing their status,” she says.

“We have an opportunity to lead the world again, but only if we listen to those most affected by our current legal framework.”

Have your say

The survey is open to anyone living with HIV in Aotearoa and takes around 10 minutes to complete. All responses are anonymous. The results will help shape future advocacy, inform legal reform, and improve access to health services.

Survey link: www.surveymonkey.com/r/NZHIVCRIM
More info: burnettfoundation.org.nz/hiv-criminalisation-survey

Mexico: Federal Health Ministry issues favorable opinion on HIV decriminalisation initiative

Jaime López celebrates the Ministry of Health’s favourable opinion to repeal the crime of ‘danger of contagion’ from the Federal Criminal Code

Translated with Deepl. Scroll down for original article in Spanish.

• The president of the Diversity Commission also reports on the 2025 LGBT Cup, with the participation of more than 2,000 athletes from across the country
• He announces that weddings and gender identity procedures will be held during the 47th LGBTTTIQ+ community march tomorrow, Saturday

Legislative Palace of San Lázaro, 27-06-2026.- Deputy Jaime López Vela (Morena), president of the Diversity Commission, welcomed the favourable opinion issued by the Ministry of Health (Ssa) to repeal the crime of ‘danger of contagion’ contained in the Federal Criminal Code, which has been criticised by UNAIDS, the international body that dictates policies for the Human Immunodeficiency Virus (HIV) AIDS pandemic.

At a press conference accompanied by Alejandro Pizano, director of Sexual and Gender Diversity in the state of Colima, and Almendra Negrete, national secretary for Sexual Diversity for Morena, as part of Pride Month activities, he recalled that UNAIDS has previously stated emphatically that this criminalisation further delayed positive results.
He therefore mentioned that in 2024 he presented an initiative to repeal the crime of ‘danger of contagion’ provided for in the Federal Penal Code, in order to end the criminalisation of people with sexually transmitted infections, such as the Human Immunodeficiency Virus (HIV) AIDS, which was endorsed by the Justice Commission.

‘Among the components needed to bring this initiative to the floor was the opinion of the Ministry of Health, and the good news is that yesterday, through the Legal Department of the Ministry, of the Federal Government led by President Claudia Sheinbaum, we received a favourable opinion, affirming that it is necessary to repeal this crime in order to allow for better care for the HIV pandemic.’

In addition, López Vela stressed that the proposal is part of the ‘new model of HIV care,’ developed in collaboration with the National Centre for the Prevention and Control of HIV/AIDS (CENSIDA).

On the eve of the 47th march of the LGBTTTIQ+ community, the deputy also reported on the 2025 LGBT Cup, with the participation of more than 2,000 athletes from across the country, and announced that weddings and gender identity procedures will be held during the march.

‘The Mexico City Government has provided a space for couples who wish to get married to do so (…) we are also going to sponsor a couple of friends who came expressly from Puerto Vallarta,’ he explained.
López Vela reiterated the commitment of the Diversity Commission and said, ‘here we are working with pride and dignity for equality and non-discrimination.’

Alejandro Pizano Gómez, director of Sexual and Gender Diversity Services for the state of Colima, highlighted the state’s progress in terms of inclusion.

‘Colima has been a national benchmark. When other states prohibited same-sex marriage, in Colima (…) thanks to our current governor, people were able to access this right,’ he said.

He recalled that in 2023, the crime of danger of contagion was repealed in the state, and he emphasised the comprehensive support provided to transgender people in their identity procedures. ‘Colima is the smallest state in Mexico, but it is the largest in cultural wealth (…) and above all, it is great because we are recognised in our diversity.’

For her part, Almendra Negrete Sánchez, Morena’s national secretary for sexual diversity, called on citizens to join the party’s contingent during tomorrow’s march:‘From this platform, I call on our representatives to march with the LGBTTTIQ+ community on 28 June to demand the rights and freedoms that have always been denied us,’ she said.

On another issue, López Vela condemned the events that took place in the Senate, where Senator Lili Téllez (PAN) verbally attacked members of the LGBTTTIQ+ community during a forum convened by Senator Alejandra Arias (Morena).

‘From the Chamber of Deputies, we tell Senator Lili Téllez that her actions do not surprise us. This is precisely how these intolerant groups, these disrespectful groups, these PRIAN groups act,’ he said.

The deputy denounced that, although some political actors appear to empathise with the community, their actions reveal the opposite. ‘They say they are very “gay friends”, but the truth is that when it comes to their votes and their interventions (…) it is very clear who they are. They don’t need to come out of the closet, they have lived outside the closet of intolerance.’


Celebra Jaime López opinión favorable de la Ssa para derogar el delito de “peligro de contagio” del Código Penal Federal

• El presidente de la Comisión de Diversidad informa también sobre la realización de la Copa LGBT 2025, con la participación de más de 2 mil atletas de todo el país
• Anuncia que se celebrarán bodas y trámites de identidad de género durante la 47 marcha de la comunidad LGBTTTIQ+, mañana sábado

Palacio Legislativo de San Lázaro, 27-06-2026.- El diputado Jaime López Vela (Morena), presidente de la Comisión de Diversidad, celebró la opinión favorable emitida por la Secretaría de Salud (Ssa) para derogar el delito de “peligro de contagio” contemplado en el Código Penal Federal, el cual ha sido criticado por ONU SIDA, organismo internacional que dicta las políticas de atención a la pandemia del Virus de Inmunodeficiencia Humana (VIH) Sida.

En conferencia de prensa acompañado de Alejandro Pizano, director de Atención a la Diversidad Sexual y de Género del estado de Colima y de Almendra Negrete, secretaria nacional de Diversidad Sexual de Morena, en el marco de las actividades por el Mes del Orgullo, recordó que ONU SIDA ha declaró anteriormente, de manera contundente, que esta criminalización retrasaba más los resultados positivos.

Por ello, mencionó que en 2024 presentó una iniciativa para derogar el delito de “peligro de contagio” previsto en el Código Penal Federal, a fin de acabar con la criminalización de las personas con infecciones de transmisión sexual, como el Virus de Inmunodeficiencia Humana (VIH) Sida, la cual fue avalada por la Comisión de Justicia.

“Entre los componentes que hacen falta para poder subir esta iniciativa al Pleno, se encontraba la opinión que debe verter la Secretaría de Salud, y la buena noticia es que el día de ayer, a través de la Dirección Jurídica de la Secretaría, del Gobierno Federal dirigido por la presidenta Claudia Sheinbaum, hemos recibido la opinión favorable, afirmando que es necesario derogar este delito, a fin de permitir una mejor atención a la pandemia del VIH”.

Además, López Vela destacó que la propuesta forma parte del “nuevo modelo de atención al VIH”, trabajado de la mano con el Centro Nacional para la Prevención y Control del VIH/SIDA (CENSIDA).

En la víspera de la 47 marcha de la comunidad LGBTTTIQ+, el diputado también informó sobre la realización de la Copa LGBT 2025, con la participación de más de 2 mil atletas de todo el país, y anunció que se celebrarán bodas y trámites de identidad de género durante la marcha.

“El Gobierno de la Ciudad de México ha dispuesto de un espacio para que aquellas parejas que deseen contraer matrimonio lo puedan hacer (…) vamos a apadrinar también una pareja de amigos que vinieron expresamente desde Puerto Vallarta”, detalló.

López Vela reiteró el compromiso de la Comisión de Diversidad y dijo “aquí estamos trabajando con orgullo y dignidad por la igualdad y la no discriminación”.

En su oportunidad, Alejandro Pizano Gómez, director de Atención a la Diversidad Sexual y de Género del estado de Colima, destacó los avances de la entidad en materia de inclusión.

“Colima ha sido un referente a nivel nacional. Cuando en otros estados se prohibía el matrimonio igualitario, en Colima (…) gracias a la que hoy es nuestra gobernadora, las personas pudieron acceder a este derecho”, relató.

Recordó que en 2023 se derogó el delito de peligro de contagio en la entidad, y subrayó el acompañamiento integral a personas trans en sus trámites de identidad. “Colima es el estado más pequeño de México, pero más grande en riqueza cultural (…) y sobre todo grande porque nos reconocen en nuestra diversidad”.

Por su parte, Almendra Negrete Sánchez, secretaria nacional de Diversidad Sexual de Morena, convocó a la ciudadanía a unirse al contingente del partido durante la marcha de mañana:

“Desde esta tribuna hago un llamado a nuestras representaciones para que este 28 de junio marchemos con la comunidad LGBTTTIQ+ en la exigencia de los derechos y libertades que nos han sido por siempre negadas”, expresó.

En otro tema, López Vela reprobó los hechos ocurridos en el Senado de la República, donde la senadora Lili Téllez (PAN) agredió verbalmente a integrantes de la comunidad LGBTTTIQ+ durante un foro convocado por la senadora Alejandra Arias (Morena).

“Desde la Cámara de Diputados le decimos a la senadora Lili Téllez que no nos extraña su actuar. Ese es el actuar justamente de estos grupos intolerantes, de estos grupos irrespetuosos, de estos grupos del PRIAN”, afirmó.

El diputado denunció que, aunque algunos actores políticos aparentan empatía con la comunidad, sus acciones revelan lo contrario. “Muy ‘gay friends’ dicen ellos, pero lo cierto es que al momento de sus votos y al momento de sus intervenciones (…) queda muy claro quiénes son. A ellos no les hace falta salir del clóset, han vivido fuera del clóset de la intolerancia”.

HJN’s Executive Director remarks to the
56th UNAIDS Board (PCB)

These remarks were made during the discussion of the proposed new Global AIDS Strategy (2026-31), the outline of which can be found here.

I’m the Executive Director of the HIV Justice Network, speaking on behalf of HIV JUSTICE WORLDWIDE, a coalition of community-led and community-based organisations working to end HIV criminalisation and related injustices.

Last June, I was a panellist during the Thematic Meeting on the Sustainability of HIV Response. You may recall that I highlighted that decriminalisation not only saves lives but it also saves money.

And so we welcome the direction of the new Global AIDS Strategy – especially Priority 2: People-focused – equity, dignity, and access, and Priority 3: Powered communities leading the HIV response, and the related results areas 6: End stigma and discrimination and uphold human rights and gender equality, and 8. Ensure community leadership.

But these priorities and results will remain aspirational unless they are backed by sustained, core funding for community-led networks.

Like UNAIDS itself, the HIV justice movement was born out of crisis, but it is sustained by hope. We know change is possible because we’ve seen it, even under the most difficult conditions. In fact, in just the past five years, 25 jurisdictions in 11 countries have repealed or revised their HIV criminalisation laws – motivated by everything from the futility of enforcement to the need to uphold privacy rights, recognise up-to-date science, and avoid harm to public health.

We have been making progress. But it is patently clear we cannot take any of that progress for granted. Communities, even if they and their organisations are criminalised, will continue to do much of the heavy lifting – reaching those who are excluded, challenging stigma and discrimination, and holding legal systems and governments accountable. That work takes time, trust, and skills – and it’s only possible when core funding is available to sustain expert teams and nurture leadership.

Global networks like ours are crucial in this ecosystem. With core, flexible funding – such as that provided by the Robert Carr Fund which has supported much of our work over the past decade – we support regional and national partners, strengthen the evidence base, build local advocacy capacity, and amplify community voices, including HIV criminalisation survivors. And we complement – not duplicate – Global Fund investments at the country level.

If we want a strategy that results in HIV justice, one that prioritises decriminalisation and is powered by communities, we must also continue to fund those communities that have brought us this far.

Canada: Decades of advocacy ignored as Canada rejects HIV criminalisation law reform

Why is the federal government still refusing to decriminalize HIV?

Advocates have demanded change for decades. Canada’s government says there’s no path forward for legal reform.

Since 1989 in Canada, more than 200 people have faced charges related to HIV non-disclosure. Here, a person can be charged for not disclosing their positive HIV status to someone they’ve had sex with, even if they have no intention of harming the other person, and even if they don’t transmit the infection. While activists have been fighting for nearly a decade to have these laws repealed, the federal government announced last year they would not be moving forward with efforts to decriminalize HIV non-disclosure. Xtra has spoken with the people at the front of the fight for decriminalization—and the people that these antiquated laws affect.

These are their stories.

The phone call

On November 5, 2024, a phone call that didn’t even last five minutes ended almost a decade of work to decriminalize HIV non-disclosure in Canada. Despite previously indicating that the law might be changed, a representative from the Justice Department told advocates that there would be no path forward to reform a set of policies that criminalize HIV non-disclosure in the country.

Never mind that for the past eight years, various promises had been made. Since 2016, Ottawa has acknowledged the overcriminalization of HIV non-disclosure in Canada. This recognition prompted hearings, consultations and studies that advocates had hoped would lead to reforming the country’s criminal code.

Despite not having HIV-specific legislation, Canada has some of the highest numbers of reported cases of HIV criminalization in the world—a burden, advocates say, that is felt disproportionately by LGBTQ2S+, Black and Indigenous peoples.

According to a 2022 report by the HIV Legal Network, from the first prosecution in 1989 until the end of 2020 in Canada, 206 people faced charges related to HIV non-disclosure in 224 separate cases. Of those cases, only the outcomes of 187 cases were known: 70 percent ended in convictions, and 83 of those convictions resulted from a guilty plea, rather than a guilty verdict following trial.

Although HIV non-disclosure prosecutions affect people of all genders in Canada, 89 percent of people charged are men, and nine percent are women. Of all prosecutions, an estimated 22 percent were Black men and 33 percent were Indigenous women.

On the day of the government’s phone call in November, André Capretti picked up the call on behalf of the Canadian Coalition to Reform HIV Criminalization (CCRHC), an organization founded in 2016 that calls on the federal government to engage in legal reform and limit HIV criminalization.

“It was, of course, very frustrating to hear. It felt like we had been taken for a ride and our time was wasted,” he says.

Capretti, who’s also a policy analyst and a lawyer at the HIV Legal Network, says that, at the time, he hadn’t been feeling optimistic, given the delays he and his fellow advocates had experienced while awaiting the federal government’s answer. In a way, he says, the phone call was a form of closure. However, he also felt frustrated—as an advocate but also on behalf of the people who are in the crosshairs of the criminalization of HIV non-disclosure in Canada.

“This is their everyday lived realities, and these are the risks that they face when they are in intimate relationships or choose to engage in sexual encounters with people,” he says.

“If they’re frustrated, disappointed or feel let down, that’s all completely valid.”

The human cost of a cruel policy

Tammy Jones still remembers the afternoon in July 2007 when she was arrested. (Xtra has given her a pseudonym to protect her privacy.) She was doing her chores and affirmations at a recovery home in Abbotsford, B.C., when she heard a knock at the door.

“Tammy Jones?” a police officer asked.

“Yeah,” Jones answered.

“We have a warrant for your arrest.”

The police didn’t explain what crime she’d committed. Jones thought to herself: Was it drug-related? Prostitution? Before going to the recovery house, Jones had worked as a sex worker in Vancouver and had been battling drug addiction.

Months before her arrest, a man with whom she’d had a relationship was diagnosed as HIV-positive. He confronted her and blamed her for transmitting the virus to him. At the time this ex-partner was diagnosed, Jones had been living with HIV for six years. She was on medication to treat her HIV, and sexual contact with him had always involved the use of condoms—her partner, she said, was aware of her positive status. But then, one night, Jones alleges, her ex-partner assaulted her while she was sleeping. He didn’t use a condom.

On the day of her arrest, Jones was driven about an hour away to Vancouver. When she arrived at the police station, she heard the cops saying: “She’s a sex offender.” She was confused by this remark initially, but she soon learned she was being charged with aggravated sexual assault for HIV non-disclosure.

Jones eventually met with a lawyer, who encouraged her to take a plea deal to shorten her sentence from eight years to three. She accepted the deal and was given a statutory release after serving two and a half years. But her guilty plea also meant that her name would be added to the national sex offender registry.

Jones and I first met in Vancouver last spring. While the sun was out, a slight breeze made us shiver. Jones cried as she remembered what had happened during her arrest and eventual release. She told me the lawyer who represented her didn’t put up a fight. She said she didn’t understand the implications of accepting the guilty plea—and didn’t grasp that she’d be registered as a sex offender—until after she got out of prison.

As we sat on a bench in the Olympic Village neighbourhood, Jones spoke so softly that the wind sometimes overpowered her voice. Recalling that day in 2007 and its implications to her life almost two decades later, she said: “They make me out to be this scary person, and I’m not that person. I’m not who they think I am.”

Jones said she feels there’s an irony—and an injustice—to being labelled as a sex offender when, she said, she was sexually assaulted by a family member as a kid, as well as by the man who laid the charges that led to her arrest. She turned to alcohol and drugs to cope with the trauma of both these abuses.

For people like Jones, who’s been on the sex offenders list for almost 20 years now, the brunt of the label reverberates in various aspects of her life, limiting her employment opportunities and holding her from achieving the future she dreams for herself.

Tricky legal ground 

Despite the severity of punishment HIV-positive Canadians can face for non-disclosure, there is no specific law that explicitly prohibits the non-disclosure of HIV status in Canada. Instead, legal precedents have developed through court decisions. Courts have relied on existing criminal offences, such as criminal negligence causing bodily harm and aggravated sexual assault, to convict people who are HIV-positive and who have failed to inform their sexual partner of their status.

While arrests related to non-disclosure date back to 1989, it wasn’t until 1998 when the Supreme Court of Canada ruled that people must disclose their HIV status before engaging in any type of sex with a new partner. Failing to do so, the court ruled, could be interpreted as a form of fraud that invalidates consent. In the court’s eyes, if a person has sex without disclosing their status, that sex is seen as non-consensual, similar to coercion in sexual assault cases.

Capretti, the lawyer at the HIV Legal Network, says that before a case is seen as an act of fraud, it needs to have two elements: proof that a person lies or hides their status, and an element of harm. “There’s physical harm from contracting HIV,” Capretti says. “But the law also considers the risk of exposing someone to HIV, even if they don’t get it, as harm.”

According to him, the legal framework in Canada still relies on outdated understandings of how HIV is transmitted, which can lead to unjust criminalization. He says people with a suppressed viral load pose virtually no risk of transmitting the virus, yet the law still requires disclosure in situations where the actual risk is minimal. This disconnect, he says, leads to unjust charges and perpetuates stigma against those living with HIV.

In more recent history, the 2012 Supreme Court ruling, R. v. Mabior,has shaped how cases of alleged HIV non-disclosure are treated in the country. In this case, a man was charged with nine counts of aggravated sexual assault based on his failure to disclose his HIV‑positive status to nine complainants, although none of them contracted HIV. The Supreme Court ruled in that case that people living with HIV have a legal responsibility to disclose their status if they have a “realistic possibility” of transmitting the virus. (According to the ruling, an HIV-positive person is not required to disclose their status if they use a condom and have a viral load below 1,500 copies/ml.)

This precedent has since been interpreted differently in various parts of the country, Capretti says. For example, in 2018, a directive was issued to limit charges for HIV non-disclosure in the Northwest Territories, Nunavut and Yukon, ending the use of sexual assault laws in these cases; instead, they could be prosecuted on simple assault or other charges like criminal negligence. It also specified that individuals with a suppressed viral load (under 200 copies/ml) should not be prosecuted for HIV exposure, as they are unlikely to transmit the virus. Cappreti says using simple assault and other charges, as opposed to a sexual assault charge, is important to continue to fight stigma related to HIV.

 “The whole country’s legal landscape has failed to evolve alongside the scientific advances in HIV research.”

In Ontario, B.C., Alberta and Quebec, prosecutors have been instructed not to charge individuals with a suppressed viral load, whether or not they used a condom. Policies differ on how long a person’s viral load must be suppressed—Ontario requires at least six months, while B.C., Quebec, and Alberta allow four to six months. There is no minimum time limit in the three territories, and information from other provinces is limited.

“The state of the law in Canada is inconsistent,” Capretti says. “It means that someone in Ontario would have different legal obligations than someone in Manitoba, someone in New Brunswick, or someone in British Columbia.” If a person travels outside their home province, they would be subject to the rules of the province in which sexual contact occurs.

On top of this, he says the type of sex a person has is significant because of the different levels of risk associated with HIV transmission. A partner who is receptive during anal sex, for example, has a higher risk of contracting HIV than someone who engages in oral sex.

“That’s relevant because certain provinces have prosecutorial directives,” Cappretti says. He gives B.C. and the Territories as an example. There, someone who has oral sex without disclosing their status would not be prosecuted.

These policy differences mean that while the whole country’s legal landscape has failed to evolve alongside the scientific advances in HIV research, some regions lag further behind than others.

A changing scientific landscape

While HIV prevention and treatment have greatly improved in the past decade, non-disclosure laws have not moved at the same pace. Daily antiretroviral medications now allow those who take them to lessen the amount of HIV in the blood to the point that the virus is undetectable through testing—and therefore untransmittable to anyone else. When taken correctly, HIV drugs that prevent infection, such as pre-exposure prophylaxis (PrEP) and Post-Exposure Prophylaxis (PEP), can also help those who are exposed to HIV avoid contracting the virus. In May last year, Health Canada approved APRETUDE, the first long-acting injectable for HIV prevention. Earlier this year, Quebec became the first province to offer injectable PrEP for free.

These massive scientific advancements have saved lives and transformed what it means to be diagnosed with HIV today. Still, Canada’s judicial system largely fails to take the usage of these drugs into account.

Capretti says this ultimately undermines public health by discouraging testing and treatment. In the recent national HIV estimates, 65,270 Canadians are living with HIV. Of this number, it’s estimated that around 10 percent don’t know their status.

HIV activist Muluba Habanyama says criminalizing HIV non-disclosure impacts treatment in Canada. She warns that fear of criminal charges may lead people to avoid testing. “If you don’t want to risk criminalization, you might not want to know your status.”

Habanyama was born with HIV and has long fought against HIV stigma. She recalls being eight when her mother told her: “You’re Black, you’re female and you’re living with HIV. You have to work three times [harder] to get half of what others have.”

The criminalization of HIV non-disclosure, according to Habanyama, creates a dilemma where people may avoid testing to escape legal risks, which in turn harms public health efforts. “It’s sad that people feel they have to pick one or the other,” she says. “I don’t think we should be a country that promotes that.”

Removing this barrier to testing is particularly urgent, as HIV is on the rise in Canada. According to the most recent data, 1,848 new infections occurred in Canada in 2022, a 15 percent increase from 2020. That means five people were infected with HIV in the country each day.

“On the one hand, the public health response is encouraging people to get tested, and then on the other hand, it’s putting them in jail.”

Canada has failed to meet its testing, treatment, and prevention targets. The country initially pledged to achieve a 90-90-90 target by 2020, meaning 90 percent of people living with HIV know their status, 90 percent of HIV-positive people have access to treatment and 90 percent of people receiving treatment are undetectable. However, by 2022, Canada had still not met those goals. The new target is to reach 95-95-95 by 2025.

Brook Biggin, director of Education, Knowledge Mobilization, and Policy at the Community-Based Research Centre (CBRC), an organization that promotes the health of people of diverse sexualities and genders, says the government’s investment in reaching undiagnosed individuals is a major focus of the public health response in Canada.

“On the one hand, the public health response is encouraging people to get tested, and then on the other hand, it’s putting them in jail. And so it’s contradictory,” he says. “Until that’s resolved, I think Canada’s HIV response will continue to be hobbled.”

How criminalization affects LGBTQ2S+ people 

Biggin got involved in HIV awareness advocacy shortly after being diagnosed with HIV in 2011. Eight years later, he spoke in front of the Standing Committee on Justice and Human Rights during one of its meetings to study the criminalization of HIV non-disclosure.

“I do not believe that we would have the rights that we have today as queer and trans people if it weren’t for people living with HIV,” he says. “I think it’s incumbent on us as queer people who gain so much from people living with HIV over the years to return the favour.”

In the 2022 report from the HIV Legal Network examining key trends and patterns of HIV criminalization in Canada, 27 percent of all the HIV non-disclosure cases from 1989 to 2020 involve gay, bisexual and other men who have sex with men (GBMSM). GBMSM are still the demographic that makes up the highest proportion of new HIV cases in the country, and according to the report, they also represent the highest risk of prosecution.

“I see criminalization as unhelpful and counterproductive to all the advances that have been made in science,” says Sean Hosein, science and medicine editor at CATIE, a national organization that aims to strengthen Canada’s response to HIV, hepatitis C and drug use.

Hosein was working in Toronto as a community educator when the AIDS crisis erupted. He turned his attention to HIV education and advocacy in 1986, motivated by the impact of HIV on his friends and community. Hosein watched some fall ill to the virus, and others die. “I have lost people, and it still hurts,” he says. “I want to try and make sure that doesn’t happen to other people.”

Biggin would like to see more people respond this way. “It’s a shame that so many years have passed and that we, as a community, have, in some ways, been relatively silent about this injustice that’s facing people living with HIV,” he says.

“Leaders in the early days of the AIDS crisis demonstrated that when something’s not right, when marginalized people within our communities are struggling, we have to respond.”

A string of broken promises 

On June 3, 2011, Chad Edward Clarke’s family picked him up as he was released from prison in Ontario. He walked right past his teenage son. He didn’t recognize him; he had grown taller since the last time he saw him almost four years prior.

“Dad!” his son called. “What are you doing?”

Clarke had been incarcerated for more than three years after a former partner said she contracted HIV from him. He was charged with aggravated sexual assault and was put on the national sex offender registry for life.

His uncle and son had come to pick him up, and the trio drove away from the prison along the highway. As he looked around the areas they passed by, Clarke started to cry—it was the first time in more than three years that he saw the wide roads from a vast window and not through the peephole of the van they used to transport him on the way to court or the hospital.

Clarke’s uncle took him and his son to some of their favourite spots in Toronto, including a sandwich place he had missed and a harbour by Lake Ontario. As they stood by the water, Clarke and his son hugged. They skipped rocks. Clarke accidentally threw his ring, a Celtic knot, a homage to his Irish heritage, right into the lake.

“I guess it’s time for new beginnings, Dad,” his son said.

He was right; it was a new beginning in Clarke’s life. That year, he promised to fight so that other people would not experience what he and his family had been through.

Thirteen years later, in April 2024, Clarke spoke to me from his home in Chatham, Ontario. He told me about his family and how his home keeps him grounded. He then showed me a new tattoo he said he had just gotten the day before: a red ribbon that passes through another tattoo of a jail cell.

“It’s the cell I was in,” he said. “The red ribbon is the blood that runs through my body, which caused me to experience injustice in Canada.”

Since 2011, Clarke has become an advocate, sharing his story throughout his journey. Nine years ago, he even testified in front of the justice committee about the effects of the criminalization of HIV non-disclosure on him. He said he’s seen multiple cabinet shuffles and different ministers of justice come and go, yet there’s not much political will to change.

In a run-in with former minister of justice David Lametti in Ottawa, Clarke said he told the minister: “I’m tired of the lip service, ‘When are you going to fix this and give me my life back?’”

Clarke said the minister acknowledged his remark and said only: “Those are strong words, Chad.” That acknowledgment did not translate into meaningful action, Clarke said, which fuelled his determination to continue fighting for justice and reform in the system.

Being on the national sex offender registry has limited Clarke’s ability to find full-time employment and move through life. It’s also affected his family, as well as his children’s mental health. He knows sharing his story is essential, but he admits reliving it puts his mental health in a regressive state too.

“How many more times do I have to pull this scab off?” he asks.

In 2019, after meeting with scientists, researchers, and legal and public health experts, the House of Commons Standing Committee on Justice and Human Rights released a report that recommended the federal government limit the use of criminal law in dealing with HIV non-disclosure. It suggested that HIV non-disclosure should not be an offence punishable by sexual assault charges. The committee also recommended that the government limit the prosecution to extreme cases where it can be shown that a person intentionally transmits HIV with malicious intent.

In October 2022, the Department of Justice launched a consultation website to solicit input on possible criminal law reforms related to HIV non-disclosure—part of the federal government’s first 2SLGBTQI+ Action Plan, launched in August of that year.

The following June, the department released the result of the consultation in a report titled What We Heard. In an online survey responded to by 980 people, 85 percent agreed that the Criminal Code should be amended to ensure that sexual assault offences cannot be used where the only issue in the case is HIV non-disclosure, demonstrating the public’s will to reform the law.

Capretti says that after the release of What We Heard, the coalition had direct conversations with then justice minister Lametti and his policy advisors to discuss the decriminalization of HIV non-disclosure cases in Canada. He says it felt like the process was moving forward at the time. But things stalled after a 2023 cabinet shuffle, which saw Lametti removed from the Justice file and replaced by Arif Virani.

According to Cappretti, after Virani stepped in at the end of July 2023, the federal government scheduled—then postponed—multiple meetings with the CCRHC.

In May 2024, Virani finally met with the CCRHC for the first and only time. Advocates say it seemed like the meeting was an “appearance for the sake of an appearance” and still didn’t have any commitment to the promise of law reform.

Almost six months later, in November, Cappreti, on behalf of the coalition, received the call from the Justice Department saying there was no path forward in decriminalizing HIV non-disclosure in Canada.

“After years of promises and commitments, we have been told by the Canadian government that there is no longer a path forward on law reform as the federal election looms. Instead of demonstrating bravery and finally ending criminalization, our political leaders have shut down progressive reforms,” Alexander McClelland, chair of the CCRHC, said in a press conference weeks after the CCRHC received the phone call.

“They have told us they are not moving forward on evidence-based approaches, that they are not moving forward on findings from their consultations, and that they are not going to change this context, which puts the over 65,000 people living with HIV in this country at risk, who are currently made to live their lives in a context of fear and uncertainty and violence.”

Shortly after the press conference, Xtra contacted then minister of justice Virani to ask what he would say to the advocates who felt the federal government had abandoned years of discussion and collaboration. Virani’s spokesperson, Chantalle Aubertin, said via email at the time: “Minister Virani remains committed to listening and working toward evidence-based changes within the Canadian criminal justice system. This is a sensitive and deeply important matter that has required thoughtful input from all affected groups.

“Regrettably, Conservative obstructing and filibustering through privilege motions this fall has disrupted much of our Government’s ability to move forward on important priorities. This has forced us to make difficult decisions about what can be advanced in this session. We deeply appreciate the patience and resilience of advocates and want them to know that their efforts continue to inspire the work ahead.”

Various emails between the coalition and the federal government, however, show multiple attempts to meet the then minister before the fall of 2024 and before the federal NDP withdrew its support for then prime minister Justin Trudeau’s minority government in September of last year.

Since the Liberals won a minority government under Prime Minister Mark Carney, no further movement appears to have been made this spring.

When asked whether Sean Fraser, Canada’s new minister of justice, will pick up this file and continue looking into the issue that was dropped in the last Parliament, Aubertin, who still works as a spokesperson with the Justice Department, says Fraser has not yet been “fully briefed” on the file. She said that the department will “follow up as soon as [they’re] in a position to offer more detail.” They declined to provide any more information.

Capretti points out that the new Liberal justice minister already has access to the same resources his predecessors have. “We’ve come up with different proposals, we’ve come up with ideas. So he’s coming to the position with much of the work already done,” Capretti says.

“We’ve done a lot of groundwork. He’s not starting from zero, and we shouldn’t act like we’re starting from zero.”

A lasting legacy

For as long as the government fails to take action, Canadians will continue to suffer.

Back in Vancouver on that day in April 2024, Tammy Jones gave a small smile when asked how she’d been doing these days.

She said she’d been focused on improving her life for years, going to therapy and building bridges to rekindle relationships with her children. An Indigenous woman, she said she also tried traditional medicines and sweat lodges. But, amidst all the progress, one thing still haunts her: being listed on the sex offenders’ registry. Most devastating is the way it prevents her from strengthening her bond with her family. The “sex offender” label, she said, feels like a firm grip that keeps holding her to a past she doesn’t want to define her future.

“I’m supposed to meet my niece this weekend, and she has a daughter,” she said. “I’m kind of nervous because of my [sex offender] label.”

In the long term, Jones said she hopes to take her case to the Supreme Court to try to clear her name. She said it would be an uphill battle, but she told me she believed it was worth the fight for her freedom.

She said she’s not losing hope that one day she’ll just be able to be herself: a proud Indigenous woman, a mother and someone not defined by a harmful label.

In that future, she’s just Tammy, and Tammy is enough.

Mexico: HIV criminalisation in Tamaulipas fuels fear and discrimination

Activists in Tamaulipas denounce that criminalisation of HIV is an obstacle to health and human rights

Translated with Deepl. For original article in Spanish, please scroll down.

Cd. Victoria, Tamaulipas.- People living with HIV in the state of Tamaulipas face not only the challenge of their health condition, but also the threat of criminalisation. Furthermore, Article 203 of the state penal code allows anyone to report another person for ‘risk of contagion’, which generates fear, discrimination and hinders prevention and early detection efforts.
Celso Pérez Ruiz, president of the civil association ‘Tendremos Alas’ (We Will Have Wings), denounced that this legislation discourages citizens from getting tested for HIV, as the fear of being singled out and prosecuted outweighs the need to know their health status.
‘In Tamaulipas, people living with HIV continue to be criminalised, and the current policy of prevention and early detection cannot move forward precisely because there is a law that criminalises them; so who is going to want to get tested for HIV under the fear of being reported if they test positive?’
He recalled that despite the fact that the Supreme Court of Justice of the Nation and the National Human Rights Commission have declared the law unconstitutional, the state has refused to repeal it.
In the last legislative session, Morena deputy Magaly de Andar presented an initiative to eliminate this article, but in her current term she has not followed up on it, leaving thousands of Tamaulipas residents in a situation of legal vulnerability.
This is not just a legal issue, it is a human rights issue. The criminalisation of HIV perpetuates stigma, alienates those living with HIV from health services and prevents them from exercising their right to a dignified life free from discrimination. It is time for Tamaulipas to move towards fairer and more humane legislation.
‘Article 203 of the Tamaulipas state criminal code criminalises people living with HIV, regardless of their sexual orientation or gender identity. All Tamaulipas residents living with the virus are under the premise that they can be reported by anyone for the risk of contagion,’ said Celso Pérez Ruiz.


Cd. Victoria, Tamaulipas.- En el estado de Tamaulipas viven con VIH enfrentan no solo el desafío de su condición de salud, sino también la amenaza de criminalización; además, el artículo 203 del código penal estatal permite que cualquier persona denuncie a otra por «peligro de contagio», lo que genera miedo, discriminación y obstaculiza los esfuerzos de prevención y detección oportuna.
Celso Pérez Ruiz, presidente de la asociación civil “Tendremos Alas”, denunció que esta legislación disuade a los ciudadanos de hacerse pruebas de VIH, pues el temor a ser señalados y perseguidos legalmente pesa más que la necesidad de conocer su estado de salud.
“En Tamaulipas se sigue criminalizando a las personas que viven con VIH, y la actual política de prevención y detección oportuna no puede avanzar precisamente porque hay una ley que criminaliza; entonces qué persona va a querer hacerse una prueba de VIH bajo el temor de que sea boletinada en caso de dar positivo”.
Recordó que a pesar de que la Suprema Corte de Justicia de la Nación y la Comisión Nacional de los Derechos Humanos han declarado la norma como inconstitucional, el estado se ha resistido a derogarla.
En la pasada legislatura, la diputada de Morena Magaly de Andar presentó una iniciativa para eliminar este artículo, pero en su actual gestión no le ha dado seguimiento, dejando a miles de tamaulipecos en una situación de vulnerabilidad legal.
Este no es solo un tema legal, es una cuestión de derechos humanos. La criminalización del VIH perpetúa el estigma, aleja a quienes lo viven de los servicios de salud y les impide ejercer su derecho a una vida digna y libre de discriminación. Es hora de que Tamaulipas avance hacia una legislación más justa y humana.
“El artículo 203 del código penal del estado de Tamaulipas criminaliza a las personas que viven con VIH, más allá de su orientación sexual o de identidad de género. Todos los tamaulipecos que vivan con el virus están bajo la premisa de que pueden ser denunciados por peligro de contagio por cualquier persona”, refirió Celso Pérez Ruiz.

US: PA House Committee considers bill to end HIV criminalization

Pennsylvania House committee hears testimony on bill to decriminalize HIV

On June 2, the Pennsylvania House Judiciary Committee held a hearing to debate HB632, “Decriminalizing HIV in Pennsylvania.” The bill, primarily sponsored by Philadelphia Rep. Ben Waxman (D-Dist 182), if enacted, would remove the last bit of criminal stigma attached to HIV in the PA Criminal Code.

Referring to the part of the Criminal Code his bill will change, Waxman said, “This is a statute of a bygone era.” The current Code provides that a person engaged in prostitution or other sex crime who exposes another person to HIV can face a “sentence enhancement” from a misdemeanor to a class 3 felony.

According to supporters, the American Medical Association, the American Bar Association, and other professional organizations have put forth guidance around HIV transmission. HB632 would modernize the criminal code to follow the guidance and science behind HIV transmission and remove stigmatizing language.

In his initial co-sponsorship memo, Waxman explained the rationale of decriminalization. In it, he said, in part, “While prostitution is typically a misdemeanor offense, people living with HIV in Pennsylvania who are charged with prostitution can be charged with a felony even if transmission would not be possible, because no physical contact occurred or the nature of contact is not a method of transmission. HIV criminalization laws do not reflect the science around HIV prevention, transmission and treatment. Instead, they stigmatize people living with HIV, and are contrary to federal and state anti-disability discrimination laws. Criminalizing conduct that cannot result in HIV transmission is stigmatizing as everyone living with HIV becomes a potential criminal by virtue of their diagnosis. Stigma undermines public health goals. According to the White House’s National HIV/AIDS Strategy for the United States 2022-2025, ‘HIV-related stigma and discrimination continue to undermine the effective use of tools to reduce HIV transmissions.’”

In addition to picking up over half a dozen co-sponsors (all Democrat), the bill has been supported by the PA District Attorneys Association. The AIDS Law Project of Pennsylvania also provided significant lobbying support, in collaboration with the Pennsylvania HIV Justice Alliance.

The committee heard testimony from a number of supporters in addition to Rep. Waxman, including Dr. Jay Kostman, Chief Medical Officer of Philadelphia FIGHT; Sean Strub, founder of POZ magazine; Ronda Goldfein, Executive Director of the AIDS Law Project; and Andrea Johnson, activist and HIV advocate.

In their testimony, Strub and Johnson spoke of their personal experiences with the stigma attached to HIV criminalization, while Dr. Kostman and Goldfein spoke from a medical and legal perspective.

Dr. Kostman emphasized public health goals.

“If people know they could face legal consequences for testing positive for HIV, they may avoid getting tested,” Dr. Kostman said. “In addition, fear of prosecution may prevent individuals from seeking care or disclosing their status to partners, contrary to what the laws are intended to encourage. These fears actually produce the opposite public health effect from what would be expected, and treating and identifying people with HIV becomes more difficult.

“We now know that when people are taking effective treatment against HIV (called antiretroviral treatment) the amount of HIV in their blood is at an undetectable level. There is broad scientific data that when people reach this undetectable level, they cannot transmit the virus to other people. The phrase U=U (undetectable = untransmittable) has been widely used based on extensive scientific data. So, when people are identified as HIV positive and stay in care and stay healthy, they will NOT transmit the virus to others.

“We should not subject people to laws that were enacted out of fear and reinforce stigma, and are not based on current scientific understanding.”

Ronda Goldfein addressed the impact of the stigma attached to HIV criminalization. “Over the years, the Pennsylvania Legislature has removed all but one reference to HIV in the criminal code. HB632 would remove the final reference, which is the felony enhancement for prostitution with HIV.

“This enhancement has never served an effective law enforcement purpose. In the 30 years since its enactment, it’s rarely been charged, and no credible research links harsher penalties with a reduction in HIV transmission.

“In 37 years, the AIDS Law Project has provided free legal services on 50,000 legal matters to 25,000 people living with HIV. We regularly hear from our clients how stigma impedes their life and dissuades them from seeking health care and sharing their diagnosis with others.

“To remove stigma, we need to root it out wherever it can be found, including in outdated legislation that doesn’t protect anyone.”

After listening to testimony and questioning the panelists, the committee adjourned without voting on the measure. That will happen at a future committee meeting, though supporters think it likely the bill will be approved. It then goes to the full State House for a vote; supporters are optimistic about passage. Then, it goes to the State Senate.

[Update] US: Felony charges for intentional STD transmission one step closer in Louisiana

House committee votes in favor of STD criminalization bill with changes

A bill that would make it a felony to “knowingly and intentionally infect” someone with an incurable sexually transmitted disease, or STD, is one step closer to passage after a tight committee vote on Wednesday (May 28).

The bill — House Bill 76 — was first heard by the House Administration of Criminal Justice committee on May 7. Rep. Pat Moore, D-Monroe, who authored the bill, voluntarily deferred the legislation after significant pushback from public and sexual health advocates, as well as people living with sexually transmitted diseases and criminal defense lawyers.

The committee reheard an amended version of the bill on Wednesday , which raises the threshold for conviction to actual transmission of an STD, rather than simply exposure. Committee members voted 7-5 to advance the bill to the full House.

“If this is passed, it’s not going to please everyone,” Moore, who introduced a similar bill in 2021, said during the hearing. “But when you think about those victims who are asking for justice and say, ‘Do something about this,’ that’s in my heart and that’s in my mind. So, I think this can help.”

During the May 7 committee meeting, Moore brought along two women who claimed to have been unknowingly exposed and infected with incurable sexually transmitted infections, or STIs, including one who said she was infected by a DJ in New Orleans. The DJ was arrested earlier this year under Louisiana’s existing law that makes it a felony to intentionally expose someone to HIV without disclosure and consent.

The bill comes as other states have looked to reform or repeal similar laws, particularly those targeting people with HIV, over the past decade. Since 2014, 18 states have either loosened or repealed laws against exposure to HIV and other STDs, according to the Center for HIV Law and Policy. Studies have shown that criminalizing STDs does little to lower the number of cases and increase stigma toward people with STIs.

During testimony, public health advocates said Louisiana should invest more heavily in resources for testing and treatment, as well as sexual health education. They said these types of bills can reduce the incentive for people to get tested, since people can’t be prosecuted if they don’t know their status.

If the bill passes both legislative chambers and becomes law, a person found guilty of intentionally infecting someone else with an incurable STD without disclosing their own status could be fined up to $5,000 and be sentenced to up to 10 years in prison. The penalties would be worse if the victim is a minor, older than 65 or has an intellectual disability.

The four most common incurable sexually transmitted infections are hepatitis B, herpes simplex virus (HSV), human papillomavirus (HPV) and HIV. While no treatments exist to eliminate these viruses, all are treatable and manageable with medication, and HPV can sometimes clear up on its own.

Even with Louisiana’s current law against intentional HIV exposure, the state had the third-highest rate of new HIV diagnoses in the country in 2022, according to the Centers for Disease Control and Prevention. 

Mexico: Lawmaker introduces initiative to repeal HIV criminalisation from criminal code

As it is obsolete and discriminatory, PRI proposes to eliminate the crime of “risk of contagion”

Translated with Deepl. Scroll down for original article in Spanish.

Its existence in the Penal Code has served more as a tool for repression, has dissuaded people from going to health services and has sown fear in people living with HIV of being criminalized.

Mérida, Yucatan, May 22, 2025

With a call to ensure that no one is criminalized for their sexual identity or for living with HIV, the coordinator of the Legislative Fraction of the PRI, Gaspar Quintal Parra, presented an initiative to eliminate the crime of risk of contagion from the Yucatan Criminal Code, since it is totally discriminatory.

This proposal, which is an old demand of the LGBTQ+ population, does not arise between desks or from technical isolation, but is a direct result of the participation of active and committed citizenship.

In that sense, the deputy especially recognized the law student Isabel Martínez, member of the Diversity Front of the UADY, who, hand in hand with her legislative technical team, has been able to give life to this proposal.

“Organized citizens told us clearly: the crime of contagion risk is obsolete, ambiguous and discriminatory. Its existence has served more as a tool for repression than for justice. He has dissuaded people from going to health services for fear of being criminalized and has sown fear where there should be protection,” said the PRI leader.

For this reason, he proposed to repeal article 189 and modify other provisions, such as articles 361 and 379 of the local Criminal Code itself, in order to distinguish between living in a health condition and committing a crime with malice or intent to harm another person.

He added that the legislation must sanction wilful conduct, but never penalize a person’s state of health or make them a subject of criminal prosecution for living with a sexually transmitted disease.

“In a context such as Yucatan, which ranks first nationally in cumulative cases of HIV-AIDS, the punitive approach has proven to be ineffective. On the contrary, legislation is required that promotes evidence-based prevention, universal access to treatment, respect for confidentiality and the fight against all forms of stigmatization,” Gaspar Quintal emphasized.

The initiative of the PRI legislator also proposes to modify the Law to Prevent and Eliminate Discrimination in Yucatan, to update its language and incorporate a broader vision that makes sexual diversity visible, including concepts such as sexual orientation, gender identity and gender expression, replacing ambiguous terms such as “sexual preference” or phrases that reinforce heteronormativity.

Likewise, it incorporates new discriminatory behaviors that are not recognized in the law today, such as the non-consensual disclosure of the state of health, the arbitrary requirement of medical tests or harassment based on gender expression.


As it is obsolete and discriminatory, PRI proposes to eliminate the crime of “risk of contagion”

Su existencia en el Código Penal ha servido más como herramienta de represión, ha disuadido a personas de acudir a servicios de salud y ha sembrado miedo en las personas que viven con VIH de ser criminalizadas.

Mérida, Yucatán, 22 de mayo de 2025

Con un llamado a garantizar que nadie sea criminalizado por su identidad sexual o por vivir con VIH, el coordinador de la Fracción Legislativa del PRI, Gaspar Quintal Parra, presentó una iniciativa para eliminar del Código Penal de Yucatán el delito de riesgo de contagio, ya que es totalmente discriminatorio.

Esta propuesta, que es una antigua demanda de la población LGBTQ+, no surge entre escritorios ni desde el aislamiento técnico, sino que es resultado directo de la participación de la ciudadanía activa y comprometida.

En ese sentido, el diputado reconoció especialmente a la estudiante de Derecho Isabel Martínez, integrante del Frente por la Diversidad de la UADY, quien, de la mano con su equipo técnico legislativo, ha podido dar vida a la presente propuesta.

“La ciudadanía organizada nos lo dijo con claridad: el delito de riesgo de contagio es obsoleto, ambiguo y discriminatorio. Su existencia ha servido más como herramienta de represión que de justicia. Ha disuadido a personas de acudir a servicios de salud por miedo a ser criminalizadas y ha sembrado miedo donde debería haber protección”, sostuvo el dirigente priista.

Por tal razón, propuso derogar el artículo 189 y modificar otras disposiciones, como los artículos 361 y 379 del propio Código Penal local, a fin de distinguir entre vivir con una condición de salud y cometer un delito con dolo o intención de dañar a otra persona.

Agregó que la legislación debe sancionar la conducta dolosa, pero nunca penalizar el estado de salud de una persona ni convertirla en sujeto de persecución penal por vivir con alguna enfermedad de transmisión sexual.

“En un contexto como el de Yucatán, que ocupa uno de los primeros lugares a nivel nacional en casos acumulados de VIH-SIDA, el enfoque punitivo ha demostrado ser ineficaz. Por el contrario, se requiere una legislación que promueva la prevención basada en evidencia, el acceso universal al tratamiento, el respeto a la confidencialidad y la lucha contra toda forma de estigmatización”, enfatizó Gaspar Quintal.

La iniciativa del legislador del PRI también plantea modificar la Ley para Prevenir y Eliminar la Discriminación de Yucatán, para actualizar su lenguaje e incorporar una visión más amplia que visibilice la diversidad sexual, incluyendo conceptos como orientación sexual, identidad de género y expresión de género, sustituyendo términos ambiguos como “preferencia sexual” o frases que refuerzan la heteronormatividad.

De igual modo, incorpora nuevas conductas discriminatorias que hoy no están reconocidas en la ley, tales como la divulgación no consentida del estado de salud, la exigencia arbitraria de pruebas médicas o el acoso basado en la expresión de género.