Why people living with HIV should not be criminalised for donating blood

Preventing the transmission of blood-borne infection by imposing limitations on the donation of blood is an important and legitimate public health objective.

Since the beginning of the HIV epidemic, certain groups – including, but not limited to, gay men and other men who have sex with men – have been subjected to restrictions on their ability to give blood.

Sustained advocacy by gay rights organisations in many high-income countries has focused on the discriminatory nature of these so-called ‘gay blood bans’, highlighting significant advances in blood screening capabilities. This has led to a general softening of restrictions on blood donations for gay men in many of these countries – allowing donations with ‘deferral periods’, or allowing donations based on individual risk assessments.

However, this advocacy has generally not translated into the removal of HIV-specific criminal laws for donating blood, nor has there been a call for a moratorium on singling out people living with HIV for donating blood using non-HIV-specific general criminal laws – even though many of the same public health and human rights arguments apply to both the so-called ‘gay blood bans’ and to HIV criminalisation more generally.

That is why today, the HIV Justice Network has published Bad Blood: Criminalisation of Blood Donations by People Living with HIV. The report was written by Elliot Hatt and edited by Edwin J Bernard, based on research undertaken by Sylvie Beaumont, with additional input provided by Sarai Chisala-Tempelhoff and Paul Kidd (HIV Justice Network’s Supervisory Board); Sean Strub (Sero Project) and Robert James (University of Sussex).

We found that 37 jurisdictions in 22 countries maintain laws that criminalise people with HIV for donating blood. Notably, 15 jurisdictions in the United States (US) have laws which specifically criminalise blood donations by people living with HIV, while four US states – California, Illinois, Iowa, and Virginia – have repealed laws which previously criminalised this conduct.

Although prosecutions are relatively rare, we are aware of at least 20 cases relating to blood donation since 1987. Half of these cases have been reported in Singapore, including two as recently as 2021.

We argue that the criminalisation of blood donations by people with HIV is a disproportionate measure – even if the aim of protecting public health through the prevention of transfusion-transmitted infection is legitimate – and is the result of both HIV-related stigma and homophobia. It is not supported by science.

There is no good reason for any country or jurisdiction to have HIV-specific criminal laws – whether they focus on blood donation or on sexual exposure or transmission. HIV-specific criminal laws are discriminatory and stigmatising, especially since people with other serious blood borne infections – including hepatitis B and C and syphilis – are not singled out with specific laws, nor for prosecution under general criminal laws.

Blood donation criminal laws focused on HIV should be repealed, prosecutions based on general laws should end, and instead science-informed measures – such as individual donor risk assessments and universal blood screening – should be relied on to protect the public against transfusion-transmitted infection.

Read the report at: https://www.hivjustice.net/publication/badblood

Canada: Ruling from Ontario court of appeal opens the door for other people with HIV to seek to have their convictions overturned

‘I was made out to be a monster’: With her conviction for not disclosing her HIV status now overturned, one woman wants Canada’s laws to change

Jennifer Murphy was convicted for not disclosing her HIV status to a sexual partner, despite being unable to transmit the virus.

When Jennifer Murphy was found guilty of aggravated sexual assault, her face was splashed all over the news — her life changed due to a conviction that has now been overturned.

The 2013 conviction in a Barrie, Ont. courtroom was for not disclosing her HIV-positive status to a sexual partner in a consensual encounter. At the time, she had an undetectable viral load thanks to medication, and was therefore unable to transmit the virus.

“I was made out to be a monster,” she said in a statement to the Star last week.

Murphy was sentenced to more than three years in prison, minus 15 months for time served in pre-sentence custody.

“It was all over the news and my family and friends had to read that and feel the pain and agony,” she said. “They had to worry about their daughter or their mother and what would happen to her.”

Canadian law requires an individual living with HIV to disclose their status to a sexual partner if there is a realistic possibility of transmission. At the time of Murphy’s conviction, it was generally understood within the legal system that disclosure was not necessary if the individual had both a low viral load and used a condom. No condom was used in the Murphy case.

Earlier this month, the Ontario Court of Appeal overturned Murphy’s conviction and entered an acquittal, accepting fresh expert evidence that Murphy’s undetectable viral load meant there was no realistic possibility of transmission of the virus.

The decision opens the door for other people with HIV in Ontario, found guilty in situations similar to Murphy’s, to seek to have their convictions overturned.

“I want them to get justice, too,” she said.

The ruling also comes as the federal government plans to reform the law on HIV nondisclosure, impacting the whole country — a move advocates hope will see the justice system finally recognize that the science has evolved around HIV, and that a person with an undetectable viral load simply cannot transmit the virus.

They say the ongoing criminalization of HIV nondisclosure continues to perpetuate stigma against people living with HIV.

“The community has been calling on the government to act for years,” said Alexander McClelland, assistant professor at the Institute of criminology and criminal justice at Carleton University, and a member of the Canadian Coalition to Reform HIV Criminalization.

“People living with HIV, legal experts, have been calling out the heinous record of Canada being a leading country in the world for criminalizing HIV nondisclosure.”

There are a number of reasons why a person doesn’t disclose their HIV status to a sexual partner, he said, including fear of violence.

“Our faces are on the covers of newspapers framed as violent perpetrators,” he said. “As someone who has done research on this, I can tell you nothing is further from the truth. People living with HIV want to protect their partners, they want to protect themselves, they want to live lawfully and freely and be able to have positive, healthy sex lives.”

As Murphy put it, “Right now, you can be convicted despite doing everything right — taking medication and suppressing your viral load.”

After several months of community consultation, the coalition released its second consensus statement in July, calling for changes to the Criminal Code that would limit prosecutions to the “very rare” instance where there was intentional, actual transmission of the virus.

The statement, signed by dozens of organizations, describes Canada as a “global hot spot” for nondisclosure prosecutions, saying there had been more than 220 by the end of last year, with the Black, Indigenous and gay communities being disproportionately affected.

There are no HIV-specific offences in the Criminal Code. The consensus statement points out that police and prosecutors will typically use the charge of aggravated sexual assault in nondisclosure cases, which carries a maximum prison term of life, mandatory designation as a sex offender, and “almost certain deportation” for non-citizens.

Murphy was required to take sex offender counselling in prison, “which was degrading and humiliating,” and she also had to deal with other inmates also knowing about her case.

“The outside world was judging me while the inside world was doing the same,” she said. “I would put myself in segregation just to get away from everyone.”

The federal government announced at the end of July that it will hold consultations in October “on how best to modernize the criminal justice system’s response to nondisclosure of HIV status” given the scientific evidence on sexual transmission of HIV.

Faced with criticism as to whether further consultation is necessary, Justice Minister David Lametti said in an interview last week it will not be lengthy, but rather “focused and targeted” with expert advocacy groups.

“I’m going to try to put an end, a positive end, to all of this as soon as possible,” he said. “No one should underestimate my good faith on this.”

After studying the issue, the House of Commons standing committee on justice recommended in 2019 that the government create a specific Criminal Code offence for actual transmission of infectious diseases, including HIV. The coalition is against adding an HIV-specific offence to the code for fear of perpetuating further stigma.

“I understand very well the point that such an offence would, in all likelihood, lead to continued stigmatization of people living with HIV and that is something we do not want to do,” Lametti said.

The coalition is calling for Criminal Code reform that would prohibit the ability to prosecute nondisclosure cases under sexual assault offences, and to limit the use of any other offence to intentional, actual transmission of the virus, while stating that the use of the criminal law should be a measure of last resort.

“The science around HIV has evolved, we know more now,” Lametti said. “We know that there’s stigma that’s been attached, that sexual assault laws are not appropriate and cumbersome and lead to results that are frankly unjust.”

An undetectable viral load can be achieved by taking medication, and essentially means “you cannot see the virus based on the conventional systems that we have to detect it,” said infectious diseases physician Dr. Isaac Bogoch. He highlighted a slogan that has gained much traction in recent years: U = U, undetectable equals untransmittable.

“It’s not only scientifically accurate, but it’s a way that we can help destigmatize HIV infection because it’s simple, it’s easy to understand, and it’s universal,” said Bogoch, a physician with the HIV Clinic at Toronto General Hospital.

“These are individuals who will not be able to transmit HIV to others. They just won’t.”

It was a 2012 Supreme Court of Canada decision known as R. v. Mabior that found a low viral load and condom were required to avoid prosecution for HIV nondisclosure, and it was that standard that was applied to Murphy’s case in 2013. But the top court also said the double requirement “does not preclude the common law from adapting to future advances in treatment.”

Murphy’s appeal lawyer, Colleen McKeown, asked the Court of Appeal to “identify a new set of circumstances” in which there’s no realistic possibility of transmission — and therefore disclosure is not necessary — namely that the person has a suppressed viral load and is taking antiretroviral medication. The court’s ruling on that issue is pending.

“I hope that it offers a path forward for people who might be in a similar situation to see their convictions overturned as well,” McKeown said of the Murphy appeal. She said even individuals who pleaded guilty when the “legal landscape” was different could take steps to see if they could get their convictions overturned.

In the years since the Mabior decision, at least four provinces — Ontario, Quebec, British Columbia and Alberta — have adopted a mix of official guidelines and unofficial policies to curb HIV nondisclosure prosecutions.

In the territories, where federal prosecutors handle criminal cases, Crown attorneys have been told not to prosecute if there is an undetectable viral load, and to “generally” not prosecute where a condom was used or if the person engaged only in oral sex, even if the viral load was not suppressed.

In Ontario, Crowns were instructed through provincial guidelines in 2017 not to prosecute if the individual is on medication and had an undetectable viral load for at least six months, but is silent on condom use alone.

“The result of prosecutorial guidance is you get an inconsistent approach across Canada,” said India Annamanthadoo, policy analyst at the HIV Legal Network and member of the coalition. “Why we’re advocating for Criminal Code reform is that it will be a consistent approach across Canada.”

McClelland added that “being someone living with HIV, having an inconsistent understanding or uncertainty about what I could be prosecuted with and where, is a completely unreasonable way to live a life in Canada as a Canadian resident.”

The coalition is also calling on the government to end the deportation of non-citizens following a conviction, and to review past convictions.

“There are a lot of people who were convicted in discriminatory and unscientific circumstances and those convictions need to be reviewed,” said Annamanthadoo, “so people do not have to live under the label of a criminal and a sex offender.”

Murphy said she’s still absorbing the impact of the Court of Appeal’s decision.

“I am worried that, even with my conviction overturned, there will still be people who will judge me. I shouldn’t have to live with it, but I do,” she said. “It doesn’t erase the stories on the internet. All the negative publicity will still be there.”

But she said it means she gets to focus on changing the law, urging the federal government to take action and finally provide some certainty to people living with HIV.

“It’s a human rights issue. It discriminates against people who have an illness,” she said.

“I want the public to know that people with a suppressed viral load pose no threat to anyone.”

 

United Nations Development Program continues to advocate for the global decriminalization of HIV

Decriminalization of HIV is ‘Scientifically Proven and Morally Correct’

Across the globe, one hundred and thirty-four countries are criminalized or prosecuted due to criminal laws against HIV transmission, non-disclosure and exposure. Lower rates of HIV treatment and viral suppression are present and more likely in those countries that criminalize the virus. In a recent article by Mandeep Dhaliwal, director of the HIV and Health Group for the United Nations Development Program, states that the decriminalization of HIV is “scientifically proven and morally correct.”

Laws that target people living with HIV hinder the progress of the United Nations’ political declaration to ends AIDS by 2030, which is supported by 165 countries.

Dhaliwal explains that criminalization is constructively harmful, cost lives, and wastes money. HIV criminalization targets fixed populations that include sex workers, men that have sex with men, transgender people, needle users and their partners, and other marginalized groups. In 2021, these groups, combined, accounted for 70 percent of new HIV cases.

In order to reach the goal to end HIV as a public health threat, the idea to achieve “10-10-10.” The 10-10-10 initiative is a set of targets that encourages countries to repeal punitive laws and policies in conflict with ending stigma, discrimination, and gender-based violence.

Specifically the targets would need to achieve: “less than 10 percent of people living with HIV and key populations experiencing stigma and discrimination; less than 10 percent of people living with HIV, women and girls, and key populations experiencing gender-based inequalities and gender-based violence; and less than 10 percent of countries with legal and policy environments that deny or limit access to HIV services.”

Dhaliwal also helped assemble the Global Commission on HIV and the Law, which works to help countries and their communities end discriminatory laws that wrongfully punish people, perpetuate illness and poverty, and prevent the progress of ending HIV.

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.

Advancing HIV Justice 4: new report highlights more successes, continued challenges

A new report published today (July 22nd 2022) by the HIV Justice Network (HJN) on behalf of HIV JUSTICE WORLDWIDE shows that the global movement to end HIV criminalisation continues to achieve remarkable successes, despite the many challenges that COVID-19 has brought.

Advancing HIV Justice 4: Understanding Commonalities, Seizing Opportunities provides a progress report of achievements and challenges in global advocacy against HIV criminalisation. The report generally covers a three year period ending 31 December 2021 where Advancing HIV Justice 3 ended. However, significant law reform developments that took place in the first quarter of 2022 are also included in report’s maps and analysis.

The successes

During the reporting period, four HIV criminalisation laws were repealed; another HIV criminalisation law was found to be unconstitutional; and six laws were ‘modernised’ (i.e. applied up-to-date science on HIV-related risk or harm and/or legal and human rights principles to limit the application of the law) five of which were in the United States.

In addition, we saw precedent-setting cases in four countries and policy recommendations or improvements in four further countries — all of which have the potential to limit the overly broad application of the law to people living with HIV based on HIV-positive status.

While legislative processes slowed down or stalled in some places due to COVID-19 diminishing capacity for advocacy, more HIV criminalisation laws were modernised or repealed in the United States than during any other time period, the realisation of a maturing PLHIV-led HIV decriminalisation movement that began a decade or more ago.

These outcomes were primarily due to sustained advocacy – most of it led by PLHIV networks working with allies – using a wide range of strategies. These are analysed in the report by HJN’s senior policy analyst, Alison Symington.

The challenges

However, too many HIV criminalisation cases and continued high numbers of HIV-related criminal laws continue to be of great concern, requiring more attention, co-ordinated advocacy, and funding.

Our global audit of HIV-related laws found that a total of 82 countries (111 jurisdictions) have criminal laws that are HIV-specific. Of those, we are aware of 52 jurisdictions in 35 countries that have applied their HIV-specific criminal laws.

Another 89 jurisdictions in 48 countries have applied non-HIV-specific, general criminal laws in an overly broad manner since the first prosecution in 1986.

Our case analysis shows that HIV criminalisation continues to disproportionately impact women, racial and ethnic minorities, migrants, gay men and other men who have sex with men, transgender people, and sex workers.

Although the total number of cases has diminished in some US states as well as in countries that were previously HIV criminalisation hotspots – Canada, Czech Republic, Norway, Sweden, and Zimbabwe – too many unjust prosecutions and convictions continue to be reported.

During the reporting period, we recorded 275 cases in HJN’s Global HIV Criminalisation Database. However, when we include case numbers from several Eastern European and Central Asian countries that provide official data, we estimate almost 700 criminal cases over the reporting period.

Notwithstanding the limitations of tabulating cases globally, the highest number of reported cases during the period covered by this report were in:

The report is available to download in English, French, Russian and Spanish. 

Acknowlegements

Advancing HIV Justice 4 was conceived and edited by HJN’s executive director, Edwin J Bernard, and HJN’s senior policy analyst, Alison Symington. Alison Symington researched and wrote all chapters except for ‘Global Overview’, which was researched and written by Edwin J Bernard, using data collected by Sylvie Beaumont and analysed by Tenesha Myrie.

Additional input was provided by: Gonzalo Aburto (The Sero Project), India Annamanthadoo (HIV Legal Network), Stephen Barris (Ex Aequo), Sophie Brion (International Community of Women Living with HIV), Janet Butler-McPhee (HIV Legal Network), Nyasha Chingore-Munazvo (AIDS and Rights Alliance for Southern Africa), Kenechukwu Esom (United Nations Development Programme), Elie Georges Ballan (The Joint United Nations Programme on HIV/AIDS – UNAIDS), Alfredo González (Hondureños Contra el SIDA), Julian Hows (HIV Justice Network), Deidre Johnson (Ending Criminalization of HIV and Overincarceration in Virginia Coalition), Cécile Kazatchkine (HIV Legal Network), Svitlana Moroz (Eurasian Women’s Network on AIDS), Immaculate Owomugisha Bazare (Uganda Network on Law Ethics and HIV/AIDS), Stephen Page (Nevada HIV Modernization Coalition), Cedric Pulliam (Ending Criminalization of HIV and Overincarceration in Virginia Coalition), Florence Riako Anam (Global Network of People Living with HIV), Mianko Ramaroson (The Joint United Nations Programme on HIV/AIDS – UNAIDS), Demario Richardson (Missouri HIV Justice Coalition), Sean Strub (The Sero Project), and Alexandra Volgina (Global Network of People Living with HIV).

We would especially like to acknowledge the courage and commitment of the growing number of people living with HIV and allies around the world who are challenging laws, policies and practices that inappropriately regulate and punish people living with HIV. Without them, this report — and the victories reported herein — would not have been possible.

We gratefully acknowledge the financial contribution of the Robert Carr Fund to this report.

US: Enforcement of HIV crimes in Tennessee disproportionately affects women and Black people

150 people on Tennessee’s sex offender registry for HIV-related conviction

Nearly one-half of HIV registrants on the SOR were women and over three-quarters of HIV registrants were Black.

LOS ANGELES – At least 154 people have been placed on Tennessee’s sex offender registry (SOR) for an HIV-related conviction since 1993, according to a new report by the Williams Institute at UCLA School of Law.

Enforcement of HIV crimes in Tennessee disproportionately affects women and Black people. Nearly one-half of HIV registrants on the SOR were women and over three-quarters of HIV registrants were Black.

Tennessee’s two primary HIV criminalization laws—aggravated prostitution and criminal exposure—make it a felony for people living with HIV to engage in sex work or other activities, such as intimate contact, blood donation, or needle exchange, without disclosing their status. Both are considered a “violent sexual offense” and require a person convicted to register as a sex offender for life.

Examining Tennessee’s sex offender registry, researchers found that Shelby County, home to Memphis, accounts for most of the state’s HIV convictions. Shelby County makes up only 13% of Tennessee’s population and 37% of the population of people living with HIV in the state, but 64% of HIV registrants on the SOR. Moreover, while Black Tennesseans were only 17% of the state’s population and 56% of people living with HIV in the state, 75% of all HIV registrants were Black.

In Shelby County, 91% of aggravated prostitution convictions resulted from police sting operations in which no physical contact ever occurred. In addition, the case files showed that 75% of those convicted were Black women. When it came to criminal exposure case files, all of those convicted except one person were Black men.

“Tennessee’s HIV criminal laws were enacted at a time when little was known about HIV and before modern medical advances were available to treat and prevent HIV,” said lead author Nathan Cisneros, HIV Criminalization Analyst at the Williams Institute. “Tennessee’s outdated laws do not require actual transmission or the intent to transmit HIV. Moreover, the laws ignore whether the person living with HIV is in treatment and virally suppressed and therefore cannot transmit HIV.”

KEY FINDINGS

  • Incarcerating people for HIV-related offenses has cost Tennessee at least $3.8 million.
  • Of the 154 people who have been placed on Tennessee’s SOR for an HIV-related conviction, 51% were convicted of aggravated prostitution, 46% were convicted of criminal exposure, and 3% were convicted of both.
  • Women account for 26% of people living with HIV in Tennessee and 4% of people on the SOR, but 46% of the SOR’s HIV registrants.
  • Black people account for 17% of people living in Tennessee, 56% of those living with HIV, 27% of people on the SOR, but 75% of the SOR’s HIV registrants.
  • Black women were the majority of aggravated prostitution registrants (57%), while Black men were the majority of criminal exposure registrants (64%).
  • People with an HIV-related offense are more economically vulnerable when compared to others on the state’s SOR.
    • One in five (19%) HIV registrants were homeless compared to 9% of all SOR registrants.
    • 28% of HIV registrants reported an employer address compared to about half (49%) of all SOR registrants.
  • Shelby County has one aggravated prostitution conviction for every 115 people living with HIV in the county, and Black people were 90% of all people convicted for aggravated prostitution.
    • Over 90% of aggravated prostitution convictions in Shelby County were the result of police sting operations.
    • Only 3% of aggravated prostitution convictions in Shelby County alleged any intimate contact.
    • Nearly all (95%) people arrested in Shelby County for criminal exposure were Black men, compared to 64% of people statewide.

The Williams Institute has conducted research on HIV criminalization in numerous U.S. states.

US: New study from the Williams Institute analyses data on HIV criminalization in Tennessee

Enforcement of HIV Criminalization in Tennessee

Tennessee’s two primary HIV criminalization laws—aggravated prostitution and criminal exposure—are considered a “violent sexual offense” and require a person convicted to register as a sex offender for life. Using data obtained from Tennessee’s sex offender registry, this study examines the enforcement of HIV criminalization laws in Tennessee from 1991 to 2022.

To read the full report, please go to: https://williamsinstitute.law.ucla.edu/publications/hiv-criminalization-tennessee/

We support the Support. Don’t Punish
2022 Global Day of Action

Now celebrating its tenth anniversary, the Support. Don’t Punish campaign promotes justice for people who use drugs – including people living with HIV. We wholeheartedly support the campaign’s messages:

  • The drug control system is broken and in need of reform.
  • People who use drugs should not be criminalised.
  • People involved in the drug trade should not face harsh or disproportionate punishments, where retained.
  • The death penalty should never be imposed for drug offences.
  • Drug policy should focus on health, well-being, harm reduction and meaningful community engagement.
  • Drug policy budgets need rebalancing to ensure health and harm reduction-based responses are adequately financed.

This Sunday, 26th June, is the campaign’s yearly high point, the 2022 Global Day of Action. The 26th June is symbolic as it is used by most governments to commemorate the International Day Against Drug Abuse and Illicit Trafficking to highlight their so-called ‘achievements’ in “the war on drugs.”

Last year’s Global Day of Action saw 365 events in over 260 cities in nearly 100 countries. In mobilising for change, most campaigners relied on a bottom-up and community-centred approach to organising, inviting potential and aspiring allies and accomplices to collectively create a world where drug policy promotes care and compassion, not discrimination and stigma.

According to the campaign’s website, “The 2022 Global Day of Action marks a very special anniversary for the Support. Don’t Punish campaign. For a decade, campaigners in all corners of the world have mobilised decisively to counter the harmful ‘war on drugs’ and the many systems of violence and neglect at its heart, and to build sustainable alternatives based on harm reduction and decriminalisation.”

This year, we urge you to join thousands of advocates and activists in supporting the Support. Don’t Punish Global Day of Action. Visit their homepage to check out where activities are taking place near you, and use these resources to amplify the campaign’s messages on social media, including on Facebook, Twitter and Instagram.

Mwayi’s Story: a short film about courage,
women’s rights, and HIV justice

Today we are delighted to share with the world a new short film, Mwayi’s Story, produced by the HIV Justice Network on behalf of HIV JUSTICE WORLDWIDE.

Mwayi’s Story is a story about courage, and about women standing up for their rights. The film is based on the story of a woman in Malawi who was prosecuted for briefly breastfeeding another woman’s baby and the subsequent successful advocacy in Malawi to prevent an HIV criminalisation statute being passed.

Ultimately, Mwayi’s Story is about HIV justice!

We wanted to produce a film that was authentic to the lived experience of an HIV criminalisation survivor but without making her go through the trauma of having to relive the experience by telling her story again.

HJN’s video, visuals and webshows consultant, Nicholas Feustel, who produced and directed the film, said: “Since this story is primarily about mothers and children, we decided to produce the film in the style of an illustrated children’s storybook. We searched for a female illustrator working in sub-Saharan Africa and found the wonderful Phathu Nembilwi of Phathu Designs.

“For our narrator, we found Upile Chisala, a storyteller from Malawi known for her short and powerful poems.”

The script by HJN’s Senior Policy Analyst, Alison Symington, was written in consultation with our Supervisory Board member, Sarai Chisala-Tempelhoff, a Malawian human rights lawyer and legal researcher with over 15 years of experience in women’s access to justice.

We also worked with our HIV JUSTICE WORLDWIDE partners, Southern Africa Litigation Centre (SALC) and AIDS and Rights Alliance for Southern Africa (ARASA), to ensure that the film was relevant to their ongoing advocacy in the region. In fact, Mwayi’s Story had its world premiere last week on Zambia’s Diamond TV, in anticipation of a verdict in a similar breastfeeding case.

The film will be shown in a number of forums over the next few months, including at AIDS 2022. It will soon be subtitled in French, Russian and Spanish, and we are also looking for partners to translate additional subtitles if they think the film can be useful in their own advocacy. If you’re interested you can get in touch with us at breastfeeding@hivjustice.net. We will send you the English subtitle file for translation. After you return the file to us, we will upload it to YouTube.

Mwayi’s Story is part of our ongoing work to end the criminalisation of women living with HIV for breastfeeding and comfort nursing, including our Breastfeeding Defence Toolkit. It is our goal to collaborate with advocates, researchers, service providers, organisations and community members around the world to raise awareness and prevent further unjust prosecutions against women living with HIV who breastfeed or comfort nurse. We are grateful to both the Elizabeth Taylor AIDS Foundation and the Robert Carr Fund for their financial support for this work, and this film.