WATCH! From Moment to Movement: HIV Justice Live! Ep 3 – Oslo Declaration 9th Anniversary

From Moment to Movement: HIV Justice Live! celebrates the Oslo Declaration on HIV Criminalisation

The 3rd episode of HIV Justice Live! aired on Wednesday, February 17, to celebrate nine years since the publication of the historic Oslo Declaration on HIV Criminalisation. Hosted by HIV Justice Network’s Edwin J Bernard, the show featured some of the advocates who were behind the Oslo Declaration.

Kim Fangen, co-organiser of the side-meeting that finalised the Oslo Declaration, and who was the only person openly living with HIV on the Norwegian Law Commission, revealed that the Declaration was initially conceived as an advocacy tool to influence policy discussions in Norway as well as neighbouring Nordic countries.

Patrick Eba, now UNAIDS Country Director in the Central African Republic, explained that the reason the meeting took place in Oslo was because the Norwegian Government had supported UNAIDS to produce detailed guidance on how countries should deal with the overly broad use of the criminal law to HIV non-disclosure, exposure and transmission, by examining scientific, medical and legal issues.

Former ARASA ED, Michaela Clayton, now a member of HJN’s Supervisory Board, said the Oslo Declaration was the first time there was a coming together of activists from both the global north and south around HIV criminalisation. She noted that although there had been some work done regionally and in-country, this was the first global solidarity statement around HIV criminalisation.

Ralf Jürgens, now Senior Coordinator of Human Rights at The Global Fund, who attended the Oslo meeting in an advisory capacity, spoke about his relief and delight that the work that he and others had done as part of the ‘first-wave’ of advocacy against HIV criminalisation was now being undertaken by the HIV Justice Network. Jürgens currently oversees the innovative Global Fund initiative, Breaking Down Barriers, which supports 20 countries to remove human rights-related barriers to health services for HIV, TB malaria, and COVID-19. He said the Global Fund has invested resources to fight laws and policies and discrimination overall and ensure access to justice. He added that the HIV Justice Worldwide movement now plays an “incredibly important” part in this work by providing global leadership and a wide range of advocacy resources.

There was a surprise appearance by Susan Timberlake, who was UNAIDS’ Senior Human Rights Advisor when the Oslo meetings took place. She recognised the Oslo Declaration as the moment that the global movement around HIV criminalisation began. Susan recalled the main meeting fell on Valentine’s Day and participants made posters with “make love, not criminal laws” messaging.

Our regular Mind the Gap segment featured Ellie Ballan, a member of our Global Advisory Panel, who is based in Lebanon. He was interviewed by Julian Hows, HJN’s Partnerships and Governance Co-ordinator.

The Oslo Declaration, has so far, garnered over 1750 signatories from more than 115 countries and been translated into nine different languages, the most recent being Latvian and Turkish. It was also the template for the Mexican Declaration in 2017.  Pozitif Dayanışma, an HIV organisation based in Turkey recently translated the Declaration into Turkish, as well as producing an accompanying info-graphic and social media pack.

Further, the Oslo Declaration has been referred to as key guidance on HIV criminalisation from global organisations such as UNAIDS, Amnesty International, and PEPFAR/USAID, cited in several peer-reviewed journals and used as a strategic planning and advocacy tool all over the world. The Declaration has also been featured in high-profile media, such as the New York Times, the Huffington Post, and POZ magazine.

HIV Justice Live Ep 3: Celebrating 9th Anniversary of the Oslo Declaration

To celebrate the 9th anniversary of the Oslo Declaration on HIV Criminalisation, the HIV Justice Network’s web show for advocates and activists, HIV Justice Live!, will this week feature some of the civil society activists who were behind the influential global call for a cohesive, evidence-informed approach to the use of criminal law relating to HIV non-disclosure, exposure, and transmission.

On February 13, 2012, a group of individuals from civil society around the world, concerned about the inappropriate and overly broad use of the criminal law to regulate and punish people living with HIV for behaviour that in any other circumstance would be considered lawful, came together in Oslo to create the Declaration.

The meeting took place on the eve of the global High-Level Policy Consultation on the Science and Law of the Criminalisation of HIV Non-disclosure, Exposure and Transmission, convened by the Government of Norway and the Joint United Nations Programme on HIV/AIDS (UNAIDS).

The Oslo Declaration, published on the brand new hivjustice.net website on February 22, 2012, became the founding document of the HIV Justice Network. Within weeks, more than 1700 supporters from more than 115 countries had signed up to the Declaration, creating a network of diverse activists, all fighting for #HIVJustice.

Now, nine years later, HIV Justice Live! will meet some of the advocates behind this historic statement including former ARASA Executive Director, Michaela Clayton, now a member of HJN’s Supervisory Board; former Senior Human Rights and Law Adviser at UNAIDS in Geneva, Patrick Eba, now UNAIDS Country Director in the Central African Republic; HIV activist Kim Fangen, a former member of the Norwegian Law Commission and co-organiser of the Oslo Declaration meeting; and Ralf Jürgens, co-founder of the Canadian HIV/AIDS Legal Network, now Senior Coordinator of Human Rights at The Global Fund to Fight AIDS, TB and Malaria.

HJN’s Executive Director, Edwin J Bernard, who co-organised the meeting that created the Oslo Declaration with Kim Fangen will be discussing the importance of the Declaration as well as taking stock of developments around HIV criminalisation globally over the past decade.

HIV Justice Live! will be streamed on the HJN’s Facebook and YouTube channel on February 17, 2021, at 6 pm CET.

It’s all about justice and love this Valentines!

HIV Justice and Love

It’s Valentine’s Month! February is historically the month of love, and a time to show and share the love.

The HIV Justice Network is pleased to support campaigns in the month of love – February – focusing on HIV-positive living, loving, and justice.

Given the difficulty that some people living with HIV can face when it comes to finding love, including negotiating disclosure, sex for pleasure, and/or creating a family in the context of HIV criminalisation, it is important to acknowledge that everyone is deserving of love and affirmation.

To this end, the HIV Justice Network wishes to acknowledge the following Valentine’s campaigns for and about people living with HIV.

#LovePositiveWomen Campaign

The #LovePositiveWomen campaign is a global initiative running every Feb 1st-14th for each of us to express, share and support women living with HIV or as a friend of the community. It was developed and led by the International Community of Women Living with HIV (ICW), one of seven founding partners of HIV JUSTICE WORLDWIDE.

The campaign uses social media to link local grassroots gestures of love to each other. Using Valentines Day as a backdrop, #LovePositiveWomen “creates a platform for individuals and communities to engage in public and private acts of love and caring for women living with HIV.”

Going beyond romantic love to deep community love and social justice, the campaign is also a call to action. The HIV Justice Network has been supporting this campaign since 2017.

“#LovePositiveWomen is a response to the lack of attention and support and to make commitments. It requires participants to spend time reflecting on how they as either a woman living with HIV or an ally will commit to loving women living with HIV. Through action, change can be made to fueling economies of love and compassion. Working from a place of strength, it focuses on the idea of interconnectedness, relationship building, loving oneself, and loving one’s community. By starting from a place of love, within oneself, there are endless ways that the negative impacts that HIV has on women living with HIV can be lessened.”

You can follow the conversation using #LovePositiveWomen on social media.

#LoveandAccountability Campaign – What are you loving?

Initiated by Accountability International, their annual Valentine’s campaign has focused on a variety of thematic areas including consent, Resolution 275, and challenging criminalisation, among others.

For this year, their focus will feature some key messages around love, advocacy, human rights, justice, and accountability.

“Accountability International is well known for our fun and innovative Valentine’s Day campaigns and our collaborative, diverse, and inclusive way of working, so this year we have decided to put our Valentine’s campaign on steroids.”

Watch out for HJN’s Executive Director to be a part of the campaign, which uses the hashtags #LoveandAccountability and #LoveandHumanRights.

With love,

The HJN Team

Watch all the videos of Beyond Blame @HIV2020 – our “perfectly executed…deftly curated, deeply informative” webshow

Earlier this month, advocates from all over the world came together for two hours to discuss the successes and challenges of the global movement to end HIV criminalisation.

All of the recordings of Beyond Blame: Challenging HIV Criminalisation for HIV JUSTICE WORLDWIDE are now available on the HIV Justice Network’s YouTube Channel.

“HUGE pleasure 2B at #BeyondBlame2020 conference – deftly curated, deeply informative; speakers were great; the passion & commitment to #HIVjustice was palpable. Much progress yet a sober reminder that the work is far from over.”

Kene Esom, Policy Specialist: Human Rights, Law and Gender, United Nations Development Programme (UNDP)

 

The full-length director’s cut version – with enhanced audio and video – is now available in English as well as with the audio track of the recorded simultaneous translation in French, Spanish, Russian, and Portuguese.

The English version is also available as a YouTube playlist in ‘bite-size’ chunks, with each segment of the webshow available as standalone videos.  This means, for example, if you just want to watch (or share) the segment on ‘women challenging HIV criminalisation in Africa‘, or on ‘bringing science to justice, and justice to science‘, it’s now possible.

“That webinar was perfectly executed. Great sound, engaging transitions (they actually played people on and off!), and multiple speakers in various collections. Having ALL OF THEM back at the end showed the breadth of this technical accomplishment and the depth of the speakers’ field of expertise. Not everyone may notice these things but boy, I sure do, and it was totally pro. I’ve seen big name conferences who couldn’t get this right… Congratulations all around, and especially to [director] Nicholas Feustel.

Mark S King, My Fabulous Disease

 

We have also made available for the first time the standalone recording of Edwin Cameron’s closing speech, which inspired so many.  The transcript is included in full below.

“We have been being battling this fight for many years. Since the start of the HIV epidemic we as gay men, as gay women, as queers, as transgender people, as sex workers, as people using drugs, have been persecuted by the criminal law. And I’m here to say, “Enough! Enough!

We have achieved a great deal with our movement, with the HIV Justice Network. We have achieved a great deal in conscientizing law makers, law givers and the public. It is now time for us to join in unison to demand the end of these stigmatising, retrograde, unproductive, hurtful, harmful laws.

It is a long struggle we’ve engaged in. And it’s one that has hurt many of us. Some of us here today, some of us listening in, some of us who have spoken, have felt the most brutal brush of the law. They have been imprisoned, unjustly prosecuted, unjustly convicted, and unjustly sent away.

HIV is not a crime. But there is more to it. Criminalising HIV, criminalising the transmission or exposure of HIV, as many countries on my own beautiful continent Africa do, is not just stupid and retrograde. It impedes the most important message of the HIV epidemic now, which is that this epidemic is manageable. I’ve been on antiretroviral treatment now for very nearly 23 years. My viral load has been undetectable for more than 20.

We can beat this, but we have to approach this issue as public health issue. We have to approach it rationally and sensibly, and without stigma, and without targeting people, and without seeking to hurt and marginalise people.We’ve made calamitous mistakes with the misapplication of the criminal law over the last hundred years, in the so-called ‘war on drugs’. We continue to make a calamitous mistake in Africa and elsewhere by misusing the criminal law against queer people like myself. We make a huge mistake by misusing the criminal law against people with HIV.

Let us rise today and say, “Enough!”

 

HIV JUSTICE WORLDWIDE COVID-19 criminalisation statement now available in Arabic

Today, the HIV JUSTICE WORLDWIDE Steering Committee statement on lessons learned from HIV criminalisation as it relates to COVID-19 criminalisation, has been published in a fifth language, Arabic.

Download the statement in Arabic / تحميل البيان باللغة العربية

We are grateful to our Global Advisory Panel member, Elie Balan, head of the LGBT Health Department (M-Coalition) at the Arab Foundation for Freedoms and Equality, for undertaking the translation. 

The statement was originally published on 25 March in English, French and Spanish, and on 26 March in Russian.

The HIV Justice Network (HJN) continues to monitor the many ways legal, policy and police responses to COVID-19 is negatively impacting the human rights of people living with HIV, as well as individuals and communities most impacted by HIV. 

Each week, Sylvie Beaumont, HJN’s Research / Outreach Co-ordinator, curates our HIV Justice Weekly newsletter. She ensures that all of the previous week’s key articles and podcasts critiquing punitive responses to HIV and/or COVID-19, as well as HIV and COVID-19 criminalisation cases can be found in one place.

If you haven’t already signed up to receive the newsletter, published each Friday, you can do so at: https://www.hivjustice.net/hiv-justice-weekly

 

Canadian study provides damning evidence of the “dramatic overrepresentation” of Black men in HIV criminalisation news reporting

A new study published this month by a group of leading Canadian social science academics provides damning evidence of the extraordinary over-representation of Black and Black immigrant male defendants in news reporting of Canadian HIV criminalisation cases.

Eric Mykhalovskiy and Colin Hastings from York University, Toronto; Chris Sanders from Lakehead University, Thunder Bay; and Laura Bisaillon from the University of Toronto Scarborough, analysed 1680 English-language articles published between 1989 and 2015.

They found that Black men comprised 21% of those charged with HIV criminalisation offences – which under Canadian law relates to non-disclosure of known HIV-positive status, usually charged as aggravated sexual assault –  but were the focus of 62% of newspaper articles covering the issue. The pattern was amplified for Black men who were immigrants or refugees who made up 15% of those charged but were the focus of 61% of newspaper stories.

The researchers note:

“The result is a type of popular racial profiling in which HIV non-disclosure is treated as a crime of Black men who are represented as dangerous, hypersexual foreigners who threaten the health and safety of the public and, more broadly, the imagined Canadian nation.”

 

The study is important for more than its quantitative findings, as it also considers the role of the media in the construction of public perception.

The researchers argue that media reporting involves a process of “recontextualization,” which occurs when speech is selected and moved from one place (e.g. a court) and fitted into another for a different purpose (e.g. a media story). In other words, they say, information is “selectively reported and repurposed into news stories”.

Their analysis found that in media reporting of HIV criminalisation cases, ‘whiteness’ became a neutral position. This usually meant that when a person was white their ethnicity or immigration status was rarely, if ever, mentioned.

For Black men living with HIV, however, the researchers found that the reporting was racialised, depicting such men as morally blameworthy and discussing them in terms of their “immigration status, hypersexuality, and other forms of racialised difference”.

Consequently, they argue, Black men living with HIV are depicted in these news reports not only as a threat to individual complainants, but also as a threat to Canadian society.

The researchers also discussed how news media reporting routinely involves forms of writing that silence people facing HIV-related criminal charges. Their experiences are rarely heard which, they summise, is likely due to reporters’ decisions about who to quote, as well as defendants being discouraged by their laywers to publicly comment on their cases.

Consequently, people living with HIV involved in HIV criminalisation cases are only spoken about, and their lives are only known about within the context of crime stories.

The authors hope their analysis will help advocates “to intervene in popular news coverage of HIV non-disclosure”, urging the use of counter-narratives emphasising how HIV non-disclosure, exposure or transmission should be seen as a public health issue and not a criminal justice issue.

They conclude:

The profound silencing of Black immigrant men in newspaper coverage of HIV non-disclosure suggests the need to support strategies that create an affirmative presence in mainstream media for Black men living with HIV.

Source

Eric Mykhalovskiy, Chris Sanders, Colin Hastings & Laura Bisaillon (2020) Explicitly racialised and extraordinarily over-represented: Black immigrant men in 25 years of news reports on HIV non-disclosure criminal cases in Canada, Culture, Health & Sexuality, DOI: 10.1080/13691058.2020.1733095

Further resources

 

Spanish Supreme Court sets important HIV criminalisation precedent

The Spanish Supreme Court has set an important precedent for HIV criminalisation cases, making it clear that it is not solely up to the defendant to prove that they disclosed their HIV-positive status, as other factors can inform a court’s judgement about whether or not a complainant knew the accused was HIV-positive. The ruling should also make it more difficult for people to pursue vexatious or ‘revenge’ cases against ex-partners.

As outlined in a (Spanish-language) analysis by Professor Miguel Angel Ramiro Avilés, Legal Clinic Coordinator at the University of Alcalá, this decision is an important step forward in the construction of a rights-based HIV response in Spain, permitting a defence based on the principle of dubio pro reo, and the constitutional guarantee of the presumption of innocence.

However, in his conclusion he notes:

Finally, at no time during the proceedings before the Court was the relationship of causality questioned, and an attempt was made to carry out a phylogenetic analysis; nor was the question of [the defendant’s] viral load raised before the Court. This is a step in a long road ahead.

Spain does not have an HIV-specific criminal law – nor a law requiring HIV disclosure – instead relying on general criminal laws relating to injury to prosecute potential or perceived HIV exposure, or alleged HIV transmission.

However, informed consent (usually obtained by proving prior disclosure of known HIV-positive status by the accused to the complainant) can be a defence, as is the case in most jurisdictions using general criminal laws, and so cases hinge on whether or not a complainant was aware of an accused’s HIV-positive status before sex occurred and consented to the risk of ‘harm’.

The case

The March 2020 Supreme Court decision relates to the case of a woman who began a romantic relationship with the defendant in 2012, living with him for approximately 18 months. She was diagnosed HIV-positive in September 2013. Police were called to their home in June 2014 following an argument. They separated approximately three months later.

Following the separation, the woman complained to the police based on her belief that she had acquired HIV from her ex-partner. The police filed an assault charge using Article 149.1 of the Spanish Penal Code: causing aggravated injury. The charge was based on her assertion that if she had known her partner had been living with HIV, she would not have had condomless sex with him.

After an initial ‘not guilty’ verdict at the Provincial Court of Madrid (due to the complainant’s inconsistent testimony), the case was elevated to the Supreme Court. Like the Provincial Court, the Supreme Court did not consider evidence relating to whether or not the man had actually transmitted HIV to the woman (considering neither viral load nor phylogenetic analysis), accepting the assertion of HIV transmission at face value. Instead, the case hinged on the credibility of the woman’s testimony and associated evidence, as considered through a lens of dubio pro reo, (‘in cases of doubt, then for the accused’; i.e. innocent until proven guilty.)

Evidence

The woman testified that she had specifically asked her ex-partner whether he had HIV and he had denied it, so she did not know he was HIV-positive.

The court, however, was not convinced that she was unaware of his HIV-positive status for a number of reasons. She testified that she had used cocaine and hashish with him, which suggested to the Court that she knew he engaged in ‘high risk’ activities associated with HIV transmission. A former friend testified that ‘the entire neighbourhood knew’ that the accused had HIV, so he could not understand how the woman would not have known. The accused’s sister had also warned the woman to ‘protect herself’ and ‘take measures’: the sister said she was sure that the woman had understood her meaning given the context of their conversation.

Medical evidence showed that during the relationship the defendant had visible lesions on his penis, which worsened during and after sex, which the Court found the woman must have seen and understood to be evidence of a sexually transmitted infection.

Further, the court took a dim view of the fact that she reported her partner only after their separation, making no mention of the issue after her diagnosis or when police attended their home months earlier.

Points of law

The Court considered several points of law, including how to evaluate the available evidence. The judgement outlines that, generally, criminal law is not an appropriate tool where a person understands the risk; has as much control of the risk as the other party; consents to the act causing injury; and is injured as a result. These factors are comparable to a person deciding to have condomless sex with a partner they know has HIV, knowing that doing so can transmit HIV, with HIV transmission resulting.

Consequently, the Court found that instead of needing to focus legal analysis on the ‘presumption of innocence’ in relation to the accused, the appropriate principle to be tested was dubio pro reo, which tests whether ‘a credible doubt arises as to the veracity of the assertion of facts’. This principle means that, if ambiguity is found, the matter should be resolved in favour of the more lenient finding.

Ultimately, the court dismissed the charges of aggravated injury as the court found there was “a reasonable doubt as to the ignorance of the woman about the health status” of her ex-partner. The decision suggests that the woman could have deduced or may have known her partner had HIV.

Acknowledgement: Thank you to Miguel Angel Ramiro Avilés for making his analysis of the court decision so promptly available to HJN.

UNAIDS “extremely concerned” by new COVID-19 laws that target people living with or vulnerable to HIV

This week, echoing the concerns of the HIV JUSTICE WORLDWIDE Steering Committee, amongst others, UNAIDS issued a strongly worded press release condemning governments for abusing the current state of emergency over the COVID-19 pandemic for overreaching their powers and enacting laws that target people who are living with, or vulnerable, to HIV.

“In times of crisis, emergency powers and agility are crucial; however, they cannot come at the cost of the rights of the most vulnerable,” said Winnie Byanyima, Executive Director of UNAIDS. “Checks and balances that are the cornerstone of the rule of law must be exercised in order to prevent misuse of such powers. If not, we may see a reversal of much of the progress made in human rights, the right to health and the AIDS response.”

Notably, UNAIDS singles out EU member states, Hungary and Poland.

In Hungary, a new bill has been introduced to remove the right of people to change their gender and name on official documents in order to ensure conformity with their gender identity, in clear breach of international human rights to legal recognition of gender identity.

In Poland, a fast-tracked amendment to the criminal law that increases the penalties for HIV exposure, non-disclosure and transmission to at least six months in prison and up to eight years in prison has been passed—a clear contravention of international human rights obligations to remove HIV-specific criminal laws.

In addition, UNAIDS condemns overly zealous policing that is especially targeting key populations already stigmatised, marginalised, and criminalised.

UNAIDS is also concerned by reports from a number of countries of police brutality in enforcing measures, using physical violence and harassment and targeting marginalized groups, including sex workers, people who use drugs and people who are homeless. The use of criminal law and violence to enforce movement restrictions is disproportionate and not evidence-informed. Such tactics have been known to be implemented in a discriminatory manner and have a disproportionate effect on the most vulnerable: people who for whatever reason cannot stay at home, do not have a home or need to work for reasons of survival.

They single out Uganda where “23 people connected with a shelter for providing services for the LGBTI community have been arrested—19 have been charged with a negligent act likely to spread infection or disease. Those 19 are being held in prison without access to a court, legal representation or medication.”

They also highlight Kenya as a model of cjvil society rapid response to human rights concerns following the release of an advisory note “calling for a focus on community engagement and what works for prevention and treatment rather than disproportionate and coercive approaches.”

The statement concludes:

While some rights may be limited during an emergency in order to protect public health and safety, such restrictions must be for a legitimate aim—in this case, to contain the COVID-19 pandemic. They must be proportionate to that aim, necessary, non-arbitrary, evidence-informed and lawful. Each order/law or action by law enforcement must also be reviewable by a court of law. Law enforcement powers must likewise be narrowly defined, proportionate and necessary.

UNAIDS urges all countries to ensure that any emergency laws and powers are limited to a reasonable period of time and renewable only through appropriate parliamentary and participatory processes. Strict limits on the use of police powers must be provided, along with independent oversight of police action and remedies through an accountability mechanism. Restrictions on rights relating to non-discrimination on the basis of HIV status, sexual and reproductive health, freedom of speech and gender identity detailed above do not assist with the COVID-19 response and are therefore not for a legitimate purpose. UNAIDS calls on countries to repeal any laws put in place that cannot be said to be for the legitimate aim of responding to or controlling the COVID-19 pandemic.

UNAIDS recently produced a new guidance document that draws on key lessons from the response to the HIV epidemic: Rights in the time of COVID-19: lessons from HIV for an effective, community-led response.   

On Human Rights Day, please endorse the EECA Statement against HIV Criminalization

Today, December 10, 2019, Human Rights Day, National and Regional Networks and Civil Society Organizations on HIV Criminalization in the EECA Region are asking you to support the movement against HIV criminalization by endorsing the following Statement.

Download a pdf of the Statement in English or Russian.

Endorse the Statement in English here.  EПодпишите заявление на русском языке здесь.

On November 25-26, 2019, the “Decriminalization of HIV transmission in the EECA region: the role of civil society and advocacy tools” meeting was held in Minsk, Belarus, by the Eurasian Women’s Network on AIDS (EWNA), the Global Network of People Living with HIV (GNP+) and CO “100 PERCENT LIFE”. Activists representing national, regional and international networks discussed the current situation with HIV criminalization in the EECA region and options available to strengthen the movement in order to counter that HIV criminalization in the EECA region.

HIV criminalization is a global issue that undermines human rights and impedes the development of public health and, as a result, weakens the efforts to eradicate the HIV epidemic. An analysis of recent HIV criminalization cases shows that they do not reflect the demographics of local epidemics, and the likelihood of persecution is compounded by discrimination against marginalized groups on the basic of drug use, ethnicity, gender identity, immigration status, sex work and sexuality.

The Global Commission on HIV and the Law, the United Nations Development Program (UNDP) and the Joint United Nations Program on AIDS (UNAIDS), among others, declare that any use of criminal law against people living with HIV should be strictly limited to exceptional cases of intentional and malicious HIV transmission to another person and only where real harm occurred. However, the law and law enforcement practice go beyond this limitation in many countries.

According to HIV Justice Worldwide, Europe and Central Asia is the region with the second highest number of laws criminalizing HIV exposure, non-disclosure and transmission. 18 of the 19 countries where such laws have been adopted are in the EECA region. Many of them allow criminal prosecution for actions that do not pose a risk of HIV or pose a low risk only. These laws do not recognize condom use or low viral load as a means of protection against prosecution. They criminalize oral sex, individual breastfeeding cases, as well as bites, scratches, bites, or spitting. Such laws were developed in the times when efficient ARV therapy was not yet available and the HIV diagnosis was equated with a death sentence. The implementation of such laws is most often informed by myths, misconceptions on HIV transmission ways, and stigma against people living with HIV and vulnerable communities.

The laws of the EECA countries criminalizing the HIV transmission vary in their severity and in specific sanctions. The Russian Federation and Belarus are global and regional leaders in terms of the number of criminal cases related to HIV6. In Uzbekistan, a person living with HIV can be prosecuted regardless of whether his/her partner wants to initiate a criminal case. In 2019, a punishment was introduced in the law in Tajikistan for those who refuse to receive HIV therapy7. In many EECA countries, the punishment for any crime involving an HIV-positive person is exacerbated by the positive HIV status.

Concerned by the fact that prosecutions are not always informed by the best available scientific and medical evidence, 20 of the world’s leading HIV scientists have presented the Expert consensus statement on the science of HIV in the context of criminal law.

The criminalization of HIV transmission is a growing human rights issue in Eastern Europe and Central Asia. This fact is also confirmed by the first regional report, prepared in 2017 using the data of the communities of women living with HIV. The study was organized and conducted by EWNA with the support of GNP+ and HIV Justice Worldwide.

The study has shown that HIV criminalization is a gender issue10. The stories and cases documented in the report and other recently conducted studies illustrate that women are more likely to be persecuted, as they are often the first to become aware of their status through regular HIV testing during pregnancy, but they are less likely to safely disclose their HIV positive status to their partner due to gender inequality in the family, economic dependence and high levels of violence. In addition, women living with HIV are less likely to receive adequate legal assistance and to have competent representation in court. In their stories, women talk about violence, threats, and blackmail associated with their HIV-positive status. The laws adopted were designed to protect women from HIV. Unfortunately, this is not the case in the reality as HIV criminalization makes women more vulnerable to violence and structural disparities. HIV criminalization increases the vulnerability of women to deprivation of parental rights, property loss, and poverty.

EECA activists make essential efforts to advocate for the decriminalization of HIV infection. Thus, the active advocacy work conducted by the community of people living with HIV pushed Belarus to adopt an important legislative amendment: the HIV-positive partner should be exempt from criminal liability if he or she has timely warned the HIV-negative partner about HIV and the latter has voluntarily agreed to take actions, which created a risk of infection. However this step alone is not sufficient to solve the issue of HIV criminalization.

We call attention of the EECA countries to the fact that in a society with low stigma and discrimination, people are more likely to be voluntarily tested for HIV and, learning about their status, begin ARV treatment.

We urge communities of people living with HIV and other criminalized and marginalized communities, in particular sex workers, LGBT people, people who use drugs, to unite and take a consolidated position to counter HIV criminalization, presenting a united front against HIV stigma and discrimination embedded in the law.

We urge governments and parliamentarians to use general law to prevent HIV transmission in the harm to health context and, instead of applying criminal law in any cases other than actual infection transmission by malicious intent, take steps to encourage people to be tested, take ARV treatment, communicate their HIV status and have safe sex without fear of stigma, discrimination and violence. This can be achieved by adopting and applying anti-discrimination laws and organizing public information campaigns to dispel myths about HIV, as such campaigns are evidence-based and are led by people living with HIV.

We urge prosecution agencies and prosecutors, to use scientific evidence and evidence-based medicine, in particular the evidence included in the Expert consensus statement on the science of HIV in the context of criminal law, in pre-trial and trial proceedings, in order to limit or prevent abuse of criminal prosecution in cases of allegations of HIV transmission or exposure or in cases of non-disclosure of HIV status.

We urge the media to stop demonizing people living with HIV, presenting us as criminals and as sources of infection. We request the media to consider HIV related issues from the perspective of human rights and use facts and evidence-based medicine while covering such issues.

We encourage donors to invest in communities and advocates opposing HIV criminalization, which undermines human rights and public health.