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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than reforming or repealing HIV-specific criminal laws – even though that is a pre-requisite and each law reformed or repealed a major step forward.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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March 10, 2023

On Zero Discrimination Day:
law reform is not easy, but it's possible

March 1, 2023

Two significant days in the HIV justice calendar

February 24, 2023

Celebrating love and advocacy this Valentine's Day

February 10, 2023

Thought-provoking new report from Canada on alternatives to HIV criminalisation

January 27, 2023

News curated from other sources

Mexico: Civil society urges Supreme Court to rule against the constitutionality of law penalising HIV or STI exposure

Changes to the Penal Code of Querétaro, would endorse “discrimination”.
March 11, 2023

Mexico: Nayarit congress repeals laws criminalising the transmission of HIV and other infectious diseases

Nayarit Congress approves reforms to combat discrimination against people living with HIV
March 10, 2023

New principles lay out human rights-based approach to criminal law

New legal principles launched on International Women’s Day to advance decriminalization efforts
March 9, 2023

US: Bill put forward in Minnesota would repeal HIV criminalisation law

Democrats propose repealing law against knowingly exposing someone to HIV
February 24, 2023

US: New bill would repeal Minnesota's criminal statute on HIV exposure and transmission

January 26, 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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