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News by the HIV Justice Network
Opinion

‘Punishing vulnerability through HIV criminalization’

8 July 2022
Discrimination Articles Social science Resources Research
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The HIV Justice Network recently had an editorial published in a special supplement of the American Journal of Public Health. The supplement highlights the importance of moving toward actions to reduce HIV-related intersectional stigma and discrimination.

Our editorial, ‘Punishing vulnerability through HIV criminalization’ explores the links between HIV criminalisation and other punitive laws and policies that regulate bodily autonomy, including reproduction, sexuality and gender.

What we have observed in analysing the research we undertake – when we document all the known cases of HIV criminalisation for our newsletter and then categorise them for further analysis in our Global HIV Criminalisation Database – is this:

“HIV criminalisation is not only a manifestation of state-sponsored HIV stigma but also a proxy for other forms of stigma and discrimination. Exacerbated by heavy-handed policing and vitriolic media coverage enabled by unjust laws that fly in the face of science and human rights, HIV criminalisation thrives at the intersection of social vulnerabilities.”

 

Although anyone living with HIV could be accused under HIV criminalisation laws or policies, the reality is that HIV criminalisation disproportionately impacts people who are either additionally criminalised, or who are otherwise mistreated by discriminatory legal systems – or both.

These include but are not limited to: sex workers; transgender people; irregular migrants; people who use drugs; gay and bisexual men; people in prison and other closed settings; unsheltered individuals; and people with disabilities, notably with mental health issues.

We also see people discriminated against on the basis of gender, race, religion, ethnicity, and/or country of birth.

That is why we not only cover HIV justice-related issues in our newsletter, but also issues relating to punitive responses to other marginalised populations and identities.

And it’s why we work with a wide range of partners in our work to achieve HIV justice.

Ending HIV criminalisation and truly achieving HIV justice requires much more than reforming or repealing HIV-specific criminal laws – even though that is a pre-requisite and each law reformed or repealed a major step forward. 

 But, as we conclude in the editorial,

…modernizing or repealing HIV-specific laws alone will be insufficient to address the full complexity of the intersecting stigmas behind both misguided attempts to protect people from HIV infection and intentional criminalization of groups of people (e.g., based on sexual or gender identity, sex work, or drug use). As with other manifestations of discrimination, the ultimate solution lies in equality and empowerment.

News by the HIV Justice Network

Zimbabwe's victory:
A beacon of hope for HIV justice amid global challenges

March 28, 2025

New case study and documentary examines how Zimbabwe repealed its HIV criminalisation law

March 5, 2025

HIV Is Not a Crime Awareness Day:
A Call to Action in a Time of Crisis

February 28, 2025

UK Parliamentary Reception Marks HIV Is Not A Crime Awareness Day

February 28, 2025

HJN's Executive Director's remarks at the UK Parliamentary event commemorating HIV is Not a Crime Awareness Day

February 26, 2025

News curated from other sources

USA: Louisiana lawmaker renews push to criminalise STI exposure

Bill revives effort to criminalize non-consensual STD exposure in Louisiana
April 25, 2025

Canada: Canada’s broken promise on HIV criminalisation reform

HIV criminalization and the Canadian government’s failed law reform project: Another. Incredible. Disappointment. Surprise!
April 3, 2025

US: North Dakota Governor signs into law House Bill 1217 to reform outdated HIV criminalisation laws

North Dakota decriminalises State HIV laws
March 28, 2025

Ukraine: Parliament approves bill removing HIV criminalisation article from criminal code

A separate article for HIV or other incurable infectious disease virus will be removed from the Criminal Code – the Verkhovna Rada has approved the changes
March 18, 2025

[Update] US: After years of effort, HIV decriminalisation bill heads to Governor’s desk

State lawmakers vote to decriminalize HIV in North Dakota
March 14, 2025
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Disclaimer

This website operates as a global hub, consolidating a wide range of resources on HIV criminalisation for advocates working to abolish criminal and similar laws, policies and practices that regulate, control and punish people living with HIV based on their HIV-positive status. While we endeavour to ensure that all information is correct and up-to-date, we cannot guarantee the accuracy of laws or cases. The information contained on this site is not a substitute for legal advice. Anyone seeking clarification of the law in particular circumstances should seek legal advice. Read more

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