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News by the HIV Justice Network
Opinion

‘Punishing vulnerability through HIV criminalization’

8 July 2022
Articles Discrimination Resources Social science 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than reforming or repealing HIV-specific criminal laws – even though that is a pre-requisite and each law reformed or repealed a major step forward.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

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HIV Justice Live! Episode 5: Bringing Science to Justice

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HJN's Executive Director remarks
to the UNAIDS Board (PCB)

June 28, 2023

Our 2022 Annual Report
A Turning Point for HIV Justice

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New HIV Justice Academy content: Lessons from the Central African Republic’s HIV law reform success

June 2, 2023

News curated from other sources

New report from Williams Institute finds that HIV criminalisation in Arkansas disproportionately impacts Black men

Enforcement of HIV Criminalization in Arkansas
September 21, 2023

Costa Rica: Organisation of People Living with HIV responds to proposed law to reinstate HIV Criminalisation

Policies that criminalise HIV are policies of death
August 31, 2023

Mexico: Greater collaboration needed between civil society, health authorities and legislators

HIV stigma: A social struggle that needs political reinforcement
August 11, 2023

Austria: Care organisations refuse to provide home care for 81-year-old man living with HIV

Just like in the 80s: No 24-hour care for HIV-positive people.
August 2, 2023

Russia: Parliament to consider requirement for certificate indicating HIV status before marriage

Russians may be obliged to report their HIV status before getting married
July 28, 2023
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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

Registered office:
Stichting HIV Justice (HIV Justice Foundation), Eerste Helmersstraat 17 B 3, 1054 CX Amsterdam, The Netherlands

The HIV Justice Network is supported by a grant from the Robert Carr Fund provided to the HIV Justice Global Consortium.

The HIV Justice Network is also grateful to The Monument Trust for its generous support between 2012-15.

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