UK Parliament Commemorates HIV Is Not A Crime Day

On Tuesday 5th March the HIV Justice Network hosted a reception with the All Party Parliamentary Group for HIV, AIDS and Sexual Health (APPGA) to mark the first global HIV Is Not A Crime Awareness Day.

Baroness Barker, co-chair of the APPGA, Lisa Power former Policy Director at the Terrence Higgins Trust and the first chair of the HIV Justice Network’s Supervisory Board, spoke alongside our Executive Director, Edwin J Bernard. The SERO Project’s, Kerry Thomas, an HIV criminalisation survivor and activist, appeared via video.

The event was attended by MPs and members of the House of Lords, as well as representatives of the UK and US governments, the Global Fund, UNAIDS, HIV philanthropic funders, and UK and international HIV policy organisations.

Edwin presented global and Commonwealth data, based on a briefing paper especially undertaken for the event by our policy analyst, Elliot Hatt, which demonstrated that the Commonwealth is far behind global HIV criminalisation law reform trends.

In the past five years, there were more adoptions of HIV criminalisation laws than there were repeals or reforms in the Commonwealth, whilst globally this was reversed.  Notably, the United States – formerly a world leader and exporter of HIV criminalisation – was now a world leader in ending it.

“It’s time for the UK to do the same, domestically, and throughout the Commonwealth,” he said.

[Show picture list]
UPDATE 22nd March: The Parliamentary event and our Commonwealth analysis led to questions being asked in Parliament by APPGA co-chair, Florence Eshalomi MP. 

To ask the Minister of State, Foreign, Commonwealth and Development Office:

What steps he is taking to help encourage the repeal of HIV specific laws in the 20 jurisdictions in the Commonwealth that still have them.

Whether his Department is providing support to (a) the HIV Justice Network and (b) other organisations working to repeal HIV-specific laws globally.

 

These questions were answered by Andrew Mitchell MP Minister of State for Development and Africa with the same answer for both questions:

Addressing stigma, discrimination and criminalisation is critical to ensuring equality of access to HIV prevention, testing and treatment services and to achieving progress in the global HIV response.

The UK is a champion of human rights around the world and we are committed to the principle of non-discrimination on any grounds, including on the basis of sexual orientation or gender identity. The UK’s network of over 280 Diplomatic Missions monitor human rights in host countries.

At the UN High Level Meeting on HIV in June 2021, the UK worked hard to secure the highest level of commitment from our global partners and garner support for the ambitious, rights-based Global AIDS Strategy 2021-2026, so the world has the best chance of meeting the 2030 goal to end AIDS. We also endorse the Global Fund’s 2023-2028 Strategy, with a focus on addressing inequities and structural drivers of HIV infection and AIDS-related deaths including barriers to services due to stigma, discrimination and criminalisation.

Our funding to the Robert Carr Fund and to UNAIDS helps to support legal and policy reform to combat stigma, discrimination and criminalisation, and to improve access to HIV services for those most at risk, as well as supporting civil society and grassroots organisations to challenge harmful policies and attitudes that exclude minorities and put them at greater risk of HIV infection and increase access to services for these groups.

 

We are grateful to the UK’s leadership, and its support of the Robert Carr Fund – which funds much of our work, and that of the HIV JUSTICE WORLDWIDE coalition – which is currently seeking replenishment for the next funding round, 2025-7, and we hope that the UK will be the first to commit to supporting the Fund once again.

HIV Is Not A Crime Awareness Day goes global!

Next Wednesday 28th February is HIV Is Not A Crime Awareness Day.

For the first time, HIV Is Not A Crime Awareness Day – which began two years ago in the United States – has gone global! This year’s theme is: “You care about ending HIV criminalisation – you just don’t know it yet!”

That’s why we’ll be producing a very special episode of our webshow, HIV Justice Live! on this important new date for global HIV decriminalisation activism, where I’ll be joined on my ‘virtual sofa’ by an inspiring group of community-based expert activists – Florence Riako Anam (GNP+); HIV and human rights consultant, Michaela Clayton; Mikhail Golichenko (HIV Legal Network); and Andy Tapia and Kerry Thomas (SERO Project) – to explain why HIV criminalisation impacts us all, and what you can do about it.

We’ll be streaming live to YouTube and Facebook, so you’ll be able to interact with us during our Q&A session. By March 1st, Zero Discrimination Day, the show will also be available on our YouTube channel where it will be subtitled in English, allowing for automatic translation into any language.

HIV Is Not A Crime Awareness Day was the brainchild of our long-time HIV JUSTICE WORLDWIDE partner, the SERO Project’s co-Executive Director, Kamaria Laffrey. HIV Is Not A Crime Awareness Day was launched two years ago in collaboration with the Elizabeth Taylor AIDS Foundation, community activists and public policy organisations across the United States and grown in size and prominence ever since.

HIV Is Not A Crime Awareness Day takes place on 28th February for several reasons. It’s a date that bridges two major US awareness months – Black History Month in February and Women’s History Month in March. And it’s also a symbolic nod to the legacy of the late Hollywood icon and early AIDS activist, Elizabeth Taylor, who was born on 27th February.

HIV Is Not A Crime Awareness Day is an opportunity to amplify the voices of those who have been criminalised based on their HIV status; to remind people of the negative impacts of HIV criminalisation on health and rights; to celebrate the work of many individuals who are part of the growing global movement to end HIV criminalisation; and to recognise that there’s still much to do to achieve HIV JUSTICE WORLDWIDE.

You can find out what other events are taking place on and around HIV Is Not A Crime Awareness Day by visiting a dedicated Facebook page or by following the hashtag #HINACDay.

Announcing Living 2024:
The People Living with HIV Pre-conference at AIDS2024!

As we commemorate World AIDS Day, a coalition that so far includes: the Global Network of People Living with HIV (GNP+), the International Community of Women Living with HIV (ICW), the Global Network of Young People Living with HIV (Y+ Global), the HIV Justice Network (HJN), AIDS Action Europe (AAE), and the European AIDS Treatment Group (EATG) are delighted to announce our plans to host the People Living with HIV Pre-conference at AIDS2024.

Living 2024 is planned for 20th and 21st July 2024 ahead of the AIDS2024 conference in Munich. 
 
Looking back to 1983, when the very first gathering of people living with HIV developed the Denver Principles, setting the path to the greater involvement, engagement and leadership of people living with HIV in the AIDS response, we are committed to sustain that legacy and make Living 2024 a platform for people living with HIV and our close allies and partners to connect, and strengthen global solidarity for community leadership in the AIDS response. 
 
Living 2024 will be organised under the theme, ‘‘Communities leading: advancing health, dignity, equity”.
 
This is the first time since 2016 that the global community of people living with HIV in all our diversities will meet in person to reflect on the multiple socio-political challenges faced by people living with HIV that continue to limit the civic space needed for our advocacy, as well as the inequalities that fuel stigma, discrimination and criminalisation.

We plan to build power together and identify opportunities to strengthen access to affordable and optimised treatment and diagnostics including for addressing the unique challenges of ageing with HIV.

Living 2024, is also an opportunity for people living with HIV and affected communities to come together to reflect, re-imagine and define the future of the HIV movement, as well as  our place within the broader global health and development platforms in shaping the HIV sustainability plans beyond 2030. 
 
The organisers of Living 2024 call on countries and decision-makers to refocus, recommit, and ensure that communities lead. AIDS isn’t over, our lives and dignity are still under threat, and stigma, discrimination and criminalisation still prevent us from fully benefiting from the remarkable progress of HIV science. 
 
As we prepare for this crucial convening, we invite other networks, communities, partners, and potential funders to join us in making this event successful and historic. In the coming weeks, we will share more details. For any inquiries please reach out to us on email: living2024@gnpplus.net

Download this press release as a pdf

EECA Judges’ Forum on HIV, Human Rights and the Law meet to discuss challenges presented by punitive laws

Judges from Eastern Europe and Central Asia gather in Moldova to discuss the region’s pressing issues around health, HIV, human rights and the law

The Eastern European and Central Asian Judges’ Forum on HIV, Human Rights and the Law – an independent body of judges from the region yearly convened by UNDP – starts their two-day meeting on 27 November 2023 in Chișinău, Moldova, to discuss challenges that punitive laws present to the full realization of the rights of people living with and affected by HIV.

The Forum, started in Moldova five years ago, returns this year to address challenges that remain in the region, as well as to highlight the progress made by countries like Moldova in addressing them.

“The Ministry of Justice is taking all measures to bring criminal policy in line with European standards, ensuring human rights is a priority. To this end, sanctions have been adjusted in criminal law with the aim of humanizing and clearly distinguishing cases of drug use from drug dealing. In addition, it is proposed to diversify the penalties in order to promote alternatives to imprisonment. Improving the human rights protection system remains a priority for the Ministry of Justice, and each of us understands that we must apply a proactive policy in the area of combating drug use, enhancing the role of the judiciary in ensuring the rights of this category of people are reconceptualized,” noted Veronica Mihailov-Moraru, Minister of Justice of the Republic of Moldova.

“At the core of our discussions during the Forum are real people – individuals whose lives and rights depend on the decisions made within the walls of courtrooms. It is our responsibility to protect these rights, to champion the cause of justice, and to ensure that no one is left behind in our fight against HIV,” said Andrea Cuzyova, UNDP Deputy Resident Representative to the Republic of Moldova.

The Eastern Europe and Central Asia (EECA) region is among three in the world where HIV infections and deaths are still on the rise. Fifteen countries in the region still criminalize HIV transmission, and many others, in law or practice, restrict access to life-saving services for key populations. People who use drugs are still the most impacted by HIV in the region; rigid drug policies often drive people away from vital health services. This exacerbates the HIV epidemic and facilitates high incarceration rates, contributing to a burgeoning tuberculosis epidemic and other health and social challenges for individuals upon release.

Prior to the war in Ukraine, labor migration has been a significant driver of HIV and TB epidemics in the EECA region, and currently internally displaced persons and migrants have limited access to vital health services, including HIV and tuberculosis, and legal support. HIV decriminalization and pro-active drug policy reforms are long overdue in the region.

“We now have evidence that countries with more enabling societal and legal environments where punitive policies are replaced with those that put people and health at the center and protect rights to non-discrimination are associated with bigger declines in HIV incidence,” said Vera Ilyenkova, Adviser, Key populations & Communities engagement in UNAIDS Regional Support Team for Eastern Europe and Central Asia. UNAIDS report this year focused on the opportunities that countries can take for legal reform and innovation to stem HIV epidemics.

“A large number of incarcerated people across the Eastern European and Central Asian region are serving prison terms for drug related offenses, in many cases simple possession with no harm to others. It is time to reflect on whether this is an effective measure, whether it is the right public investment, whether it is justified and proportionate. I invite all participants to the Judges forum to consider that the answer to these questions is NO and that drug policies in the region should undergo significant reforms” said Prof. Michel Kazatchkine, Special Advisor to the World Health Organization Regional Office for Europe (WHO/Europe)

The role of judges in addressing health and other social issues is critical. The justice system can either impede or facilitate social and public health efforts to provide equitable health care, thus ultimately contributing to the achievement of universal health coverage. In addition, an independent, impartial, accountable and professional judicial system, as well as the protection of fundamental rights, is increasingly a topic of discussion in the region, where some countries are candidates for EU accession.

“Our region is presented with many challenges and as judges we are also impacted. The choice is ours – not to pay attention to the issues or to ask hard questions and to apply the law with the view of protections of human rights, so that no one is left behind,” said Sharof Alanazarzoda, Judge of the Supreme Court of the Republic of Tajikistan and member of the Forum Steering Committee.

The two-day forum includes judges from Ukraine, Georgia, Kyrgyzstan, Tajikistan, Kazakhstan, Uzbekistan, Moldova; high-level officials from Moldova, Eastern and Central European and Central Asian Commission on Drug Policy; development partners and civil society leadership from the region and from Moldova. Topics addressed will include HIV decriminalization, EU integration, drug policy reform, migration and fostering collaboration between civil society, UN, and the judiciary in achieving high-level targets on HIV elimination.

Coming soon:
HIV Justice Live! Episode 5: Bringing Science to Justice

Five years ago, twenty of the world’s leading HIV scientists published the ‘Expert Consensus Statement on the Science of HIV in the Context of Criminal Law’ to address the misuse of HIV science in punitive laws and prosecutions against people living with HIV for acts related to sexual activity, biting, or spitting.

More than 70 scientists from 46 countries endorsed the Expert Consensus Statement prior to its publication in the Journal of the International AIDS Society (JIAS). The Statement was launched on 25th July 2018 at AIDS 2018, with the press conference generating global media coverage.

Building upon our initial 2020 scoping report, we recently undertook further extensive research to examine the impact of the Expert Consensus Statement in the five years since its publication.

On 25th July 2023 – exactly five years to the day of the original launch – we will not only be presenting our findings at the 12th IAS Conference on HIV Science (IAS 2023), we will also be launching the five-year impact report during our live webshow, HIV Justice Live!

Hosted by HJN’s Executive Director, Edwin J Bernard, the show will include a discussion with the report’s lead author, HJN’s Senior Policy Analyst Alison Symington, as well as interviews with Malawian judge Zione Ntaba, Taiwan activist Fletcher Chui, and SALC lawyer Tambudzai Gonese-Manjonjo on the Statement’s impact.

We’ll also hear from some of the Expert Consensus Statement’s authors, including Françoise Barré-Sinoussi, Salim S Abdool Karim, Linda-Gail Bekker, Chris Beyrer, Adeeba Kamarulzaman, Benjamin Young, and Peter Godfrey-Faussett.

Ugandan lawyer and HJN Supervisory Board member Immaculate Owomugisha will also be joining us live from the IAS 2023 conference in Brisbane, Australia where she is serving as a rapporteur, to discuss the Statement’s legacy and relevance today.

There will be opportunities to let us know the impact the Expert Consensus Statement has had in your advocacy and to ask questions live, so please save the date and time.

HIV Justice Live! Episode 5: Bringing Science to Justice will be live on our Facebook and YouTube pages on Tuesday 25th July at 3pm CEST (click here for your local time).

 

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

Today, on On Zero Discrimination Day, HJN was delighted to participate in a webinar — co-hosted with the Global Partnership to end HIV-related Stigma and Discrimination and the Not A Criminal Campaign — that explored how law reform is possible.

You can watch the entire webinar here: https://fb.watch/i-79fP5bYV/

I was asked to provide some closing remarks.  As we were running late, I had to cut some of my prepared remarks, which are included here in square brackets [ ].  Here they are in full.

We all know decriminalisation is possible. But it’s not easy.  Still, it can and does happen. 

It can happen thanks to the strong commitment of the three most important pillars that make change possible:
  • It starts with community leadership
  • It ends with government commitment and political will
  • And it happens with the support of the broader UN family (co-ordinated by UNAIDS) working closely with partners like the Global Fund and PEPFAR. 
This is why the Global Partnership is the ideal mechanism to cement those three pillars together.
 
But what does it actually take to change laws?  Successful strategic litigation or law reform doesn’t happen in a vacuum. That means not only funding the legal or human rights organisations challenging the laws, but also (a non-exhaustive list):
  • Funding the communities impacted by those laws, supporting people to know their rights;
  • Funding the community-based paralegals to help frightened and vulnerable people navigate the harsh realities of criminal legal system;
  • Funding community-based organisations to monitor rights violations, produce shadow reports, and document the evidence of the harms of criminalisation;
  • Funding community-led training and sensitisation of police, prosecutors and judges, and law-and policy-makers;  and
  • Funding the community-based  organisations supporting and co-ordinating the work regionally and globally, creating tools for challenge including working with the media where so much of the stigma created by these harmful laws is perpetuated, but can be also where hearts and minds can be changed.
So it takes a (global) village. 
 
And time – which we don’t have much of if we are to reach those ambitious 10-10-10 targets by 2025, or 2030. 
 
And money – which we never seem to have enough of. 
 
But it is possible, and it can happen. 
 
We’ve heard today about various forms of decriminalisation.  And you all saw the map that Tinashe shared earlier showing that HIV criminalisation laws have been reformed or repealed in 15 countries over the past decade, but there’s still another 129 countries to go!
 
And although we didn’t get to hear today from our colleagues working with people who use drugs, and in drug policy, over 30 countries around the world have adopted legal reforms to remove the criminalisation of certain activities related to drug use.
 
But we also heard about the many challenges that remain.
 
Yesterday was the 2nd ‘HIV is not a crime day‘ in the US. It was fantastic to see so many activities and events raise awareness of an issue that is so close to my heart and which for too long has been underfunded and overlooked. In fact yesterday Funders Concerned About AIDS highlighted that in 2020 only around 0.5% of all philanthropic funding supported HIV decriminalisation work globally.  Today, the HIV Justice Network and the HIV JUSTICE WORLDWIDE coalition is grateful to the Robert Carr Fund for civil society networks, to allow us to ensure that the message that ‘HIV is not a crime’ is heard, understood, and acted upon globally.  But this work, like all decriminalisation work, needs more resources.
 
[This work is sometimes really hard and sometimes doesn’t always lead to success – at least the first time around. Despite the best efforts of our colleagues at KELIN and UGANET, we were disappointed to learn at the end of 2022 that constitutional challenges to Kenya’s and Uganda’s HIV-specific criminal laws were unsuccessful. Nevertheless, both will appeal these retrograde rulings, because they – and we – are on the right side of history. After all, Zimbabwe repealed their HIV-specific criminal law last year following years of advocacy following unsuccessful strategic litigation.
 
We know that HIV criminalisation mostly serves as a proxy for other kinds of discrimination – discrimination based on class, ethnicity, gender identity, migrant status, race, sex, sexual orientation, and other potential markers of social vulnerability.
 
And we know that most aggressive push to criminalise people living with HIV tends to occur at the intersection of several stigmatised or criminalised identities.
 
And so we firmly believe that this work must be intersectional and collaborative.]
 
We also know that decriminalisation alone will not address the full complexity of the intersecting stigmas behind these laws and their enforcement. As with other manifestations of discrimination, the ultimate solution lies in equality and empowerment. This is a marathon, not a sprint, and dismantling systems that have been built over decades and that oppress people living with HIV and key populations takes time.
 
We heard today from the South African Deputy Minister of Justice about the Sex Work Decriminalisation Bill.  We, and many others in our global network have written letters of support to the South African government welcoming this change.  This Friday, 3rd March, is International Sex Workers Rights Day. Let’s make sure South Africa knows the world is watching and that South African sex workers  know we have their back.
 
HIV is not a crime, and sex work shouldn’t be a crime, either!
 
Let’s use our collective power across all social media and and on #ZeroDiscrimination Day use the hashtags  #SexWorkIsWork and #HIVIsNotACrime.

Two significant days in the HIV justice calendar

28th February marks the second HIV is Not a Crime Awareness Day. Launched by the Sero Project — our US partners in the HIV JUSTICE WORLDWIDE coalition — in collaboration with The Elizabeth Taylor AIDS Foundation, ­ the day has four overarching aims: to STRENGTHEN the movement by committing to ENGAGE with networks of people living with HIV and our allies working to REFORM HIV criminalisation so we can OVERCOME over-policing and targeting of people with HIV, understanding the intersection with racial, gender and sexual and reproductive justice.

The choice of date is the bridge that connects two other important US awareness days: National Black HIV/AIDS Awareness Day (7th February) and National Women & Girls’ HIV/AIDS Awareness Day (10th March). Black and Brown communities — including Black and Brown women and women of trans experience — are most impacted by HIV criminalisation in the US. This date is also a symbolic nod to the legacy of the late Hollywood icon and notable AIDS activist, Elizabeth Taylor, in celebration of her birthday on 27th February.

You can find events taking place all over the United States on the HINAC Day Facebook page or by following the hashtag #HINACDay. If you would like to sign on as an individual and/or organisation in support of the US movement to end HIV criminalisation, click here.

The following day, 1st March, sees an important global event, Zero Discrimination Day, first established by UNAIDS in 2014. Zero Discrimination Day is a global solidarity movement that celebrates the right of everyone to live a full and productive life with dignity. It highlights how people can become informed about and promote inclusion, compassion, peace and, above all, a movement for change.

Each year has a specific theme. This year’s theme is Save lives: Decriminalise. With this theme, UNAIDS is highlighting how the human rights goals of decriminalisation of people living with HIV and key populations could have a major impact on health and wellbeing — as well as help advance the end of AIDS a public health threat. 

In 2021, the world set ambitious law reform targets to remove criminal laws that are undermining the HIV response and leaving criminalised populations behind. Recognising decriminalisation as a critical element in the response, countries made a commitment that by 2025 fewer than 10% of countries would have punitive legal and policy environments that affect the HIV response, including HIV criminalisation.

Unfortunately, we’re far from those targets, but there is hope. You can find events taking place all over the world by following the hashtag #ZeroDiscrimination. On Zero Discrimination Day, we’re delighted to participate in a webinar — co-hosted by the HIV JUSTICE WORLDWIDE coalition, the Not A Criminal Campaign, and the Global Partnership to end HIV-related Stigma and Discrimination — from 12pm Central European Time that will explore how law reform is possible. Register at: http://bit.ly/3K5UJVd

 

HIV criminalisation highlights at AIDS 2022

The 24th international AIDS conference (AIDS 2022) held in Montreal and virtually between 29 July and 2 August integrated HIV criminalisation throughout multiple sessions – both in the main conference and during pre-conferences, satellites and in the Global Village.

Australian activist, lawyer, Track F rapporteur – and HJN Supervisory Board member – Paul Kidd has provided a thorough overview of many of these sessions in this Twitter thread, which can also be read as a single blog entry here.

Two major campaigns were launched at the conference – one global, and one focused on Canada.

GNP+ and HJN joined with networks representing young people, women, the LGBTI+ community, sex workers and people who use drugs to launch the “Not A Criminal” Campaign to decriminalise HIV non-disclosure, exposure and transmission; same-sex relationships; sex work and drug use. 

As part of the “Not A Criminal” Campaign, we are demanding countries remove bad laws and replace them with evidence-based legislation to protect our communities from criminalisation, discrimination and gender-based violence, and support the creation of independent human rights institutions. Additionally, the campaign calls on United Nations agencies and donors to develop strong, coordinated, and high-profile mechanisms to monitor progress on these member states’ commitments.

“Far from being a legitimate public health tool, criminalisation of our behaviours, choices and identities is about the enforcement of an oppressive morality through policing our bodily autonomy,” HIV Justice Network’s Executive Director Edwin J Bernard said in a press release announcing the campaign. “This punishment of our vulnerability also means we won’t be able to end the HIV epidemic by 2030.” 

The Canadian Coalition to Reform HIV Criminalization (CCRHC) made the most of the spotlight on Canada during the conference and launched its second Community Consensus Statement.  This Statement calls on the Canadian government to change the Criminal Code to limit HIV criminalisation only to very rare cases of intentional transmission using appropriate existing criminal statutes. Canada’s Justice Minister, David Lametti has since announced plans to launch a consultation this October on the criminal legal system’s overly draconian response to HIV non-disclosure.

However, the biggest – and most welcome – surprise of the conference was the recipient of the Elizabeth Taylor Legacy Award which was presented during Saturday’s prime session on HIV and Human Rights. Previous recipients have included Nancy Pelosi, Sharon Stone, Whoopi Goldberg, Michael Jackson and Elton John.

This year’s Elizabeth Taylor Legacy Award was presented posthumously to the late Rosemary Namubiru – recognising her extraordinary contribution to raising awareness of the injustice of HIV criminalisation.

Lillian Mworeko of the International Community of Women Living with HIV – East Africa (ICW-EA) received the award on behalf of Rosemary’s family. Rosemary’s daughter had planned to be there, but – like many Africans – was denied a visa.

It’s HIV Justice Network’s 10th Anniversary

Our founding document, the Oslo Declaration, was created 10 years ago this week

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 Oslo Declaration on HIV Criminalisation.

The Oslo Declaration, published on the brand new hivjustice.net website on February 22, 2012, became the founding document of the HIV Justice Network (HJN). 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 HIV justice.

HJN was formed due to a growing concern over increasingly punitive approaches to HIV prevention: in particular, the inappropriate use of criminal law, even though HIV criminalisation is discredited as a public health response. We have grown in size, capacity, and impact in the intervening decade thanks to our funders – the Monument Trust, the Robert Carr Fund for civil society networks, the Elizabeth Taylor AIDS Foundation and UNAIDS – our small-but-dedicated HJN team, our Supervisory Board, our Global Advisory Panel and our HIV JUSTICE WORLDWIDE partners.

Today, we collate authoritative data and information to build the evidence base against the unjust criminalisation of people living with HIV. We also raise awareness of the harms of this approach in critical arenas including among the scientific, medical, policy, advocacy, and donor communities.

Most importantly, we galvanise and nurture the global movement against HIV criminalisation, by providing an advocacy hub to bring individuals, national, regional, and global networks and organisations together to catalyse change.

Thank you to everyone who has supported the organisation on our journey so far. We couldn’t have done it without our funders and partners but, most importantly, we wouldn’t have achieved so much without the courage and commitment of the growing number of advocates around the world who are challenging laws, policies and practices that inappropriately regulate and punish people living with HIV.

Watch HIV Justice Live! which explores the history behind, and impact of, the Oslo Declaration on HIV Criminalisation. Hosted by HJN’s founder and Executive Director, Edwin J Bernard, the show, From Moment to Movement, featured some of the advocates who were behind the Oslo Declaration: Kim Fangen, Patrick Eba, Michaela Clayton, Ralf Jürgens and Susan Timberlake.

 

New Breastfeeding Defence Toolkit
launched at Beyond Blame 2021

Criminal prosecutions related to presumed HIV exposure via breastfeeding are all-too-often driven by stigma, misinformation, and the desire to protect a child from exaggerated risk.  People living with HIV require a vigorous defence based on principles of justice and human rights, good public policy, and accurate science.

Which is why this week we have launched the Breastfeeding Defence Toolkit as a new section of our HIV Justice Tookit.

The Breastfeeding Defence Toolkit provides materials to support lawyers and advocates supporting people living with HIV who face criminal charges or other punitive measures for breastfeeding, chestfeeding, or comfort nursing.

Although the Breastfeeding Defence Toolkit is currently only available in English, we are working on French, Russian and Spanish versions.  In addition, new resources will be added to the Toolkit as they become available.

The Breastfeeding Defence Toolkit was launched at Beyond Blame: Challenging Criminalisation for HIV JUSTICE WORLDWIDE on Tuesday 30 November 2021.  Watch the 10 minute segment below.

Background

In 1986, it was discovered that HIV could be transmitted from a woman to a child through 
breastfeeding. Since this time, women living with HIV have borne the weight of the 
responsibility of preventing HIV transmission to their offspring. This responsibility has been 
used to justify surveillance, judgement, and limitations on autonomy and decision-making for 
women living with HIV.

Some women living with HIV have faced criminal prosecution for exposing fetuses and/or 
infants to a risk of HIV infection, especially through breastfeeding. These numbers may be small 
compared to the number who have faced criminal charges with respect to HIV non-disclosure, 
exposure and transmission in sexual contexts, but cases are increasing.

The HIV Justice Network 
is aware of at least 13 such cases in the past decade, with a growing number of criminal prosecutions taking place 
across the African continent as well as in Russia since 2018. We are also aware of several cases 
that took place in North America and Europe between 2005 – 2012.

These cases include charges laid against mothers, community members and domestic 
employees. Various criminal charges have been used in these cases, including failure to provide 
the necessaries of life, grievous bodily harm, unlawfully doing an act likely to spread a 
dangerous disease, and deliberately infecting another with HIV.

In addition to these criminal 
cases, many more women have experienced punitive responses from service providers, public 
health, and child welfare authorities.

Criminal prosecutions and other punitive responses to breastfeeding by women living with HIV 
pose significant harms to both the accused and the child. HIV criminalisation threatens the 
health and well-being of people living with HIV and jeopardises the goals of ending HIV 
discrimination and, ultimately, the epidemic. Not only do punitive laws targeting people living with HIV lack a scientific evidence base they also serve as barriers to HIV prevention, treatment, 
and care, and perpetuate stigma.

Infant feeding choices should not be a criminal issue. Parents should be provided with full 
information to make the best choices for their families and infant feeding should be managed 
through clinical support. Science supports that the best outcomes for a mother and a child 
result from proper medical care, access to treatment and openness. Criminalising maternal and 
child health issues generally risks worse outcomes for the infant.