New Zealand: New research reveals how HIV criminalisation is experienced in Aotearoa

HIV decriminalisation in Aotearoa: Survey findings

For the first time in Aotearoa New Zealand, we have national evidence on how HIV criminalisation is experienced by people living with HIV.

This research captures the voices of 247 people from diverse communities across the country. It documents how criminal law, public health processes, stigma, and modern HIV science intersect in real life. The project was undertaken collaboratively by Positive Women Inc, Burnett Foundation Aotearoa, Body Positive, and Toitū te Ao, reflecting the shared commitment of all four organisations to amplifying community experiences and informing meaningful change.

The findings highlight the need for greater clarity, alignment with contemporary science, and thoughtful public conversation.

About the research

This study explores:

Awareness and understanding of criminal and public health law
Attitudes toward HIV criminalisation
The lived impact of legal uncertainty
The role of stigma in shaping legal and social outcomes
Recommendations informed by participant experience

Participants represented a wide range of ages, genders, sexualities, ethnicities, migration histories, and lengths of time living with HIV.

This research centers lived experience while grounding analysis in contemporary HIV science, including the evidence behind U=U (Undetectable = Untransmittable).

Key findings

1. Preference for public health management

Most participants would prefer public health manage their HIV transmission rather than the police – because HIV is a health issue, not a crime.

2. Attitudes are nuanced

Participants held diverse and layered views about criminalisation. Support was often linked to cases of intentional harm, while broader criminalisation raised concerns about fairness, stigma, and unintended consequences.

3. Impact extends beyond prosecutions

Even where prosecutions are rare, the possibility of criminalisation shapes behaviour, disclosure practices, relationships, and wellbeing.

4. Stigma remains central

Legal frameworks do not exist in isolation. Participants described how stigma around HIV influences both public perception and perceived legal risk.

Why this matters

Effective HIV responses must reflect:

Modern treatment science
Public health best practice
Human rights principles
The lived experience of people living with HIV

Clear, evidence-informed discussion is essential to ensuring legal and policy settings support – rather than undermine – public health outcomes.

Recommendations

The report identifies areas for consideration, including:

Clearer, accessible legal guidance
Greater alignment between law and contemporary HIV science
Stigma reduction through public education
Meaningful involvement of people living with HIV in future policy conversations

What happens next

Positive Women Inc, Burnett Foundation Aotearoa, Body Positive, and Toitū te Ao will:

Share these findings across health, legal, and policy sectors
Engage stakeholders in informed discussion
Continue centering lived experience in advocacy and education
Support accurate public understanding of HIV and the law

This report is a foundation for evidence-based dialogue in Aotearoa.

For media enquiries, contact Kirk Serpes at kirk.serpes@burnettfoundation.org.nz

Read the full report here

Senegal: Same-sex relations, now punishable by five to ten years in prison

Senegal passes law imposing harsher penalties for homosexuality in the name of combating Western influence

Translated with Deep. Scroll down for article in French.

Homophobia has reached such heights in Senegal that it has become a government priority. According to a bill passed on Wednesday, ‘unnatural acts’ will be punishable by prison terms ranging from five to ten years.

‘This is the first bill I have personally sponsored.’ On 24 February, to the applause of MPs, Senegalese Prime Minister Ousmane Sonko took pride in personally initiating a bill to toughen penalties for homosexual relations in the country.

This bill was passed on Wednesday 11 March by the Senegalese National Assembly. The most symbolic measure in the new law is that it provides for ‘unnatural acts’ to be punished with five to ten years in prison, compared to one to five years currently. The maximum sentence will be imposed if the act was committed with a minor, according to the text. The law also provides for criminal penalties for the ‘promotion’ of homosexuality in Senegal.

In a country known for its tolerance in many respects, the repression of homosexuality has become a hot topic. The political calculations of the Sonko camp, which came to power in 2024 on a sovereignist platform, are in line with the concerns of a heated public opinion.

‘The Prime Minister is reacting to current events, which is normal,’ notes Thierno Alassane Sall, an opposition MP who did not vote in favour of the law – not out of concern for the rights of homosexuals, he explains, but because he considers the move to be demagogic. The elected representative refers to two group arrests carried out by the authorities in early February, which have been making headlines ever since. Fourteen people suspected of belonging to a paedophile ring with links to France and targeting young boys were arrested on 8 February. Some of the defendants are accused of knowingly transmitting HIV.

‘It’s a race to the bottom.’

A few days earlier, between 4 and 6 February, twelve other Senegalese nationals, including well-known figures such as a singer and a journalist, were arrested and accused of having homosexual relations. The HIV-positive status of some of the defendants was made public. Between the two cases, which are completely unrelated, confusion continues to reign on social media and in certain media outlets.

‘Confusion between paedophilia, homosexuality and the deliberate or accidental transmission of HIV has arisen and caused a great deal of fear and misunderstanding,’ regrets Dr Khoudia Sow, an anthropologist and specialist in the fight against AIDS. Since these two cases, arrests and attacks on people suspected of having homosexual relationships have been occurring at a steady pace. ‘These cases have led to a resurgence of mobilisation against homosexuality,’ acknowledges Thierno Alassane Sall.

Baba Dieng, a columnist in the Senegalese press, is one of the few public figures to be critical of the crackdown on homosexuality. ‘We can no longer discuss the subject calmly. It’s a race to the bottom,’ he laments. According to him, the prime minister is also acting under pressure from conservative lobbies, Jamra and And Samm Jikko Yi, which have been gaining influence since 2010 by making the fight against homosexuality their battle cry.

‘In recent weeks, even these organisations seem to have been overtaken. Online, voices are becoming even more radical. Everyone is putting forward their own proposals for homosexuals: life imprisonment, death, denial of burial…’, Baba Dieng points out.

‘These movements helped Ousmane Sonko and his party, the African Patriots of Senegal for Work, Ethics and Fraternity [Pastef], win the presidential election in 2024. It makes sense that he would make a gesture towards them,’ says Thierno Alassane Sall.

Playing the sovereignist rhetoric

Ousmane Sonko, who found allies among both progressive and conservative movements when he was in opposition, took advantage of the harsh criticism levelled by Jamra and And Samm Jikko Yi against the former regime of Macky Sall, accused of being lax towards homosexuality.

‘The law criminalising homosexuality will be one of the first I will push through,’ he promised in 2022.

The adoption of new legislation also comes at a complicated time for the government. Senegal is facing a worrying economic situation, with a budget deficit of nearly 14% of gross domestic product (GDP) and public sector debt estimated at 132% of GDP.

Many of the major promises in Pastef’s programme seem distant, such as the abandonment of the CFA franc. Tightening legislation on homosexuality allows the party to appear proactive at little cost, while continuing to play on sovereignist rhetoric.

Many Senegalese people perceive homosexuality as a Western phenomenon. Homophobic movements accuse foreign embassies and international NGOs of wanting to impose laws favourable to homosexuals.

In 2024, Ousmane Sonko himself seemed to make homosexuality a relatively important issue, emphasising that it is ‘not accepted, but tolerated’, but firmly pointing the finger at Western attempts to change Senegalese ways of ‘dealing with this reality’.

Punishing denunciations without proof

In the eyes of many Senegalese, by toughening the law on homosexuality, the Prime Minister, elected on the basis of a patriotic discourse fuelled by anti-colonialism, is standing up to the West and taking on the role of defender of values presented as Senegalese.

‘Ultimately, while homophobia activists in Senegal claim to be motivated by [Muslim] religiosity, the homophobic dynamic is highly political,’ says Baba Dieng.

On 24 February, the Prime Minister nevertheless denounced the public disclosure of people’s HIV status, which has become increasingly common on social media and in certain media outlets. While Jamra leader Mame Mactar Gueye has been threatening for several years to reveal a list of homosexuals he claims to have in his possession, the Prime Minister’s bill also plans to introduce penalties for unsubstantiated denunciations, which are rife on social media.

Ousmane Sonko also took care to emphasise the importance of continuing to allow health organisations to pursue their work against AIDS. ‘The Prime Minister wants to regain control of the issue. The hype is such that, here and there, even Pastef is accused of being close to the gay community,’ says one MP on condition of anonymity. As a result, some find the Prime Minister too timid and regret that his bill does not formally criminalise homosexuality, but merely emphasises its repression.

More than half of African countries prohibit and repress homosexuality. The death penalty is imposed in Uganda, Mauritania and Somalia. A dozen countries and territories impose penalties ranging from ten years’ imprisonment to life imprisonment, including Sudan, Kenya, Tanzania and Sierra Leone.

Le Sénégal adopte une loi réprimant plus sévèrement l’homosexualité au nom de la lutte contre l’influence occidentale

L’homophobie a atteint des sommets au Sénégal, au point de devenir une priorité gouvernementale. Selon un texte adopté mercredi, les « actes contre nature » seront punis de peines allant de cinq à dix ans de prison.

« C’est le premier projet de loi que je porte moi-même. » Le 24 février, sous les applaudissements des députés, le premier ministre sénégalais, Ousmane Sonko, s’enorgueillissait d’être personnellement à l’initiative d’un projet de loi durcissant les peines réprimant les relations homosexuelles dans le pays.

C’est ce texte qui a été adopté, mercredi 11 mars, par l’Assemblée nationale sénégalaise. Mesure la plus emblématique, la nouvelle loi prévoit de punir les « actes contre nature » de cinq à dix ans de prison, contre un à cinq ans actuellement. La peine maximale sera prononcée si l’acte a été commis avec un mineur, selon le texte. La loi prévoit également des sanctions pénales contre la « promotion » de l’homosexualité au Sénégal.

Dans un pays réputé tolérant à beaucoup d’égards, la répression de l’homosexualité s’est imposée comme un thème porteur. Les calculs politiques du camp Sonko, arrivé au pouvoir en 2024 sur un discours souverainiste, rejoignent les préoccupations d’une opinion publique chauffée à blanc.

« Le premier ministre réagit à l’actualité, ce qui est normal », remarque Thierno Alassane Sall, député de l’opposition, qui n’a lui-même pas voté en faveur de la loi – pas par souci de défense des droits des homosexuels, explique-t-il, mais parce qu’il considère que la démarche est démagogique. L’élu fait référence à deux arrestations groupées réalisées par les autorités au début du mois de février, qui défraient depuis la chronique. Quatorze personnes, suspectées d’appartenir à un réseau pédocriminel remontant jusqu’à la France et visant de jeunes garçons, ont été interpellés le 8 février. Certains prévenus sont accusés d’avoir transmis le VIH en connaissance de cause.

« C’est la course à la radicalité »

Quelques jours plus tôt, entre le 4 et le 6 février, douze autres Sénégalais, parmi lesquelles des personnalités, notamment un chanteur et un journaliste, avaient été arrêtées, accusées de leur côté d’avoir eu des relations homosexuelles. La séropositivité de certains des prévenus a été rendue publique. Entre les deux affaires, parfaitement indépendantes l’une de l’autre, l’amalgame est entretenu sur les réseaux sociaux et dans certains médias.

« Une confusion entre pédophilie, homosexualité et transmission volontaire ou involontaire du VIH est apparue et a suscité beaucoup de peur, d’incompréhensions », regrette la docteure et anthropologue Khoudia Sow, spécialiste de la lutte contre le sida. Depuis ces deux affaires, les arrestations, mais aussi les agressions de personnes soupçonnées d’entretenir des relations homosexuelles, s’enchaînent à un rythme soutenu. « Ces affaires ont entraîné un regain de la mobilisation contre l’homosexualité », reconnaît Thierno Alassane Sall.

Baba Dieng, chroniqueur dans la presse sénégalaise, est l’une des rares personnalités à se montrer critiques de la répression de l’homosexualité. « On ne peut plus discuter du sujet de manière apaisée. C’est la course à la radicalité », regrette-t-il. Selon lui, le premier ministre agit aussi sous la pression de lobbys conservateurs, Jamra et And Samm Jikko Yi, qui n’ont cessé de gagner en influence depuis 2010 en faisant de la lutte contre l’homosexualité leur cheval de bataille.

« Depuis quelques semaines, même ces organisations semblent dépassées. En ligne, des voix se font encore plus radicales. Chacun y va de sa proposition pour les homosexuels : enfermer à vie, tuer, priver de sépulture… », souligne Baba Dieng.

« Ces mouvements ont aidé Ousmane Sonko et son parti, les Patriotes africains du Sénégal pour le travail, l’éthique et la fraternité [Pastef], à remporter l’élection présidentielle en 2024. Il est logique qu’il fasse un geste envers eux », souligne Thierno Alassane Sall.

Jouer de la rhétorique souverainiste

Ousmane Sonko, qui a trouvé des alliés tant du côté de mouvements progressistes que conservateurs lorsqu’il était dans l’opposition, a profité des critiques très dures portées par Jamra et And Samm Jikko Yi contre l’ancien régime de Macky Sall, accusé d’être laxiste vis-à-vis de l’homosexualité. « La loi criminalisant l’homosexualité sera l’une des premières que je ferai voter », promettait-il ainsi en 2022.

L’adoption d’une nouvelle législation intervient aussi dans une période compliquée pour le pouvoir. Le Sénégal est confronté à une situation économique préoccupante, avec un déficit budgétaire de près de 14 % du produit intérieur brut (PIB) et une dette du secteur public estimée à 132 % du PIB.

Beaucoup des grandes promesses du programme du Pastef semblent lointaines, à l’instar de l’abandon du franc CFA. Le durcissement de la législation sur l’homosexualité permet au parti de se montrer volontariste à peu de frais, tout en continuant à jouer de la rhétorique souverainiste.

Beaucoup de Sénégalais perçoivent de fait l’homosexualité comme un phénomène occidental. Les mouvements homophobes accusent les ambassades étrangères et les ONG internationales de vouloir imposer des lois favorables aux personnes homosexuelles.

En 2024, Ousmane Sonko lui-même semblait faire de l’homosexualité un sujet d’importance relative, soulignant qu’elle n’est « pas acceptée, mais tolérée », mais pointait fermement du doigt les volontés occidentales de changer les manières sénégalaises de « gérer cette réalité ».

Punir les dénonciations sans preuve

Aux yeux de nombreux Sénégalais, en durcissant la loi sur l’homosexualité, le premier ministre, élu sur la base d’un discours patriotique nourri d’anticolonialisme, tient ainsi tête à l’Occident et endosse un rôle de défenseur de valeurs présentées comme sénégalaises. « Au final, si les militants de l’homophobie au Sénégal se prévalent de religiosité [musulmane], la dynamique homophobe est très politique », analyse Baba Dieng.

Le premier ministre a tout de même dénoncé, le 24 février, les divulgations publiques des statuts sérologiques de personnes, qui se sont multipliées sur les réseaux sociaux et dans certains médias. Alors que le leader de Jamra, Mame Mactar Gueye, menace depuis plusieurs années de dévoiler une liste d’homosexuels qu’il aurait en sa possession, le projet de loi du premier ministre prévoit aussi d’introduire des punitions pour les dénonciations sans preuve, qui vont bon train sur les réseaux sociaux.

Ousmane Sonko a aussi pris soin de souligner l’importance de continuer à permettre aux organisations de santé de poursuivre leur action contre le sida. « Le premier ministre veut reprendre la main sur le sujet. L’emballement est tel que, çà et là, même le Pastef est accusé de proximité avec la communauté gay », glisse un député sous couvert d’anonymat. Résultat : certains trouvent le premier ministre trop timoré et regrettent que son projet de loi ne criminalise pas l’homosexualité formellement, s’en tenant à accentuer sa répression.

Plus de la moitié des pays africains interdisent et répriment l’homosexualité. La peine de mort est encourue en Ouganda, en Mauritanie ou en Somalie. Une dizaine de pays et territoires prévoient des peines allant de dix ans de prison à la perpétuité, parmi lesquels le Soudan, le Kenya, la Tanzanie et la Sierra Leone.

Senegal: Rising homophobia drives patients away from HIV care and prevention services

Senegal’s LGBTQ+ community lives in fear as fight against AIDS faces setback

The country has regularly seen homophobic protest fueling assaults and public denunciations. Within this climate, organizations working to fight HIV worry that individuals will turn away from vital care and prevention services.

On February 20, Ousmane gathered a few belongings and fled his home. “Since then,” the Senegalese man said, speaking under a pseudonym, “I’ve been living in hiding, in a city I can’t name. I’m petrified. People in my neighborhood found out things about my life. They know I’m gay.” If word spreads, the man in his 30s went on, “I risk being beaten and arrested, or arrested and then beaten. I don’t see any solution other than leaving for another country as soon as I can.”

Denunciations, extortion and assaults: Over the past several weeks, people who are gay or who are suspected of being gay have faced a surge of hostility across Senegal, a country that has already been marked by regular homophobic mobilizations over the past decade.

Violence against LGBTQ+ people has escalated dramatically following the arrests in February of 14 suspected members of a pedocriminal ring targeting young boys; two days earlier, 12 men, including local media figures, were accused of homosexuality. The two cases are entirely unrelated.

Several media outlets, relying on evidence gathered by police, published the HIV status of some defendants in both cases, fueling “the conflation, already present at times in Senegal, between homosexuality and pedophilia, homosexuality and HIV positivity,” said Marane Kane, a French-Senegalese consultant and a specialist in gender issues based in France. “Since then, there has been a surge in reports of assaults, and people are living in hiding,” she stressed.

Calls for hatred

According to Free Sénégal, a support network for LGBTQ+ people, about 30 arrests have taken place since then in Dakar, Touba and Saint-Louis. “I’m afraid of everyone’s gaze. I feel like I could be denounced at any moment. I don’t eat, I don’t sleep,” explained a young man.

Prime Minister Ousmane Sonko responded to the media frenzy and, reiterating a promise made three years ago, announced on Tuesday, February 24, that he had submitted a bill to toughen sentences targeting “acts against nature” – a term that includes same-sex relations – raising the penalty to five to 10 years in prison, up from the current one to five years. The move was hailed by Mame Mactar Gueye, the influential leader of the Islamic NGO Jamra, which campaigns for the criminalization of homosexuality; his supporters, meanwhile, are demanding even harsher repression.

On TikTok and on Facebook, in videos viewed hundreds of thousands of times, influencers, including some based in Europe, have hurled condemnations at both ordinary citizens and public figures. The well-known actor Sanekh, star of the hit series Bété Bété, has been targeted. And Elimane Ndao, the Senegal correspondent for the French television channel France 24, has filed a complaint for similar reasons. To avoid being singled out, some people have even started posting proof of their HIV-negative status on social media.

Encouraged by these calls for hatred, assaults have multiplied, often taking the form of carefully planned ambushes. “He doesn’t want to talk to you, he’s too scared. I’ll tell his story for him,” said a Senegalese man living in France, describing a friend in Senegal. “He was chatting with a man on a dating app. They agreed to meet. It was a trap. He was threatened with a knife and had to hand over money to get away. Things like this happen all the time.”

The situation is alarming human rights advocates. “Gay people have become scapegoats for society. There’s the conflation with pedophilia, conspiracy theories painting them as Trojan horses for Western values, to the detriment of all local knowledge… Everything that goes wrong is blamed on them,” explained Kane. “Meanwhile, real issues like sexual violence against children are forgotten. People think they’ve done enough by cracking down on homosexuality.”

‘There’s nothing left to do but flee’

This pressure has organizations that work to fight AIDS worried that people will turn away from care and prevention services. Senegal has managed to keep HIV prevalence low (0.5% of the population in 2020). “We’re already seeing a drop in consultations. Many patients are skipping appointments, and the few who dare to come hide their identities,” said Safiatou Thiam, the executive secretary of the National Council for the Fight Against AIDS in Senegal.

After the disclosure of some citizens’ HIV status, panicked patients have asked health centers to erase their records. As for the network of community outreach workers serving at-risk populations, it has collapsed; outreach staff no longer dare ask about people’s health or try to promote prevention among a group facing such intense stigma.

In his address, Sonko insisted on the ban on sharing people’s health status. He also emphasized that the prison sentences in his bill for “promoting” so-called “acts against nature” – a provision targeting NGOs and advocacy groups that might defend the rights of gay people – should not prevent the health system from continuing its work on AIDS prevention. According to health professionals, they discreetly reached out to the government as soon as rumors emerged of a possible bill imposing harsher penalties for homosexuality.

“We can’t live in our country anymore. It’s too dangerous, there’s nothing left to do but flee,” said a young man in his 30s, his voice breaking with sobs, who spent all his savings to escape Senegal for Europe five months ago. “I can’t imagine a gay person seeking medical care in this climate.”

As for Gueye, he is showing no sign of ending his campaign. After thanking “all the TikTokers, valiant defenders of our cause,” he recently announced his intention to “tackle the scourge of lesbianism.”

Senegal: Right to defence tested in Senegal’s high-profile homosexuality and HIV criminalisation cases

The Senegalese bar facing the “file of shame”

The case involving defendants prosecuted in particular for “unnatural acts” and “voluntary transmission of HIV”, places Senegalese lawyers infant of an unprecedented ethical dilemma. According to Les Échos, while the file has nearly 40 defendants, only eight lawyers – mostly young colleagues – have agreed to constitute themselves.

According to the newspaper’s investigation, this unusual reluctance within the Senegalese bar, despite fees deemed attractive, is explained by a mixture of social pressure, religious considerations and fear of stigmatization.

Several black dresses, interviewed by the same source, recognize that the gaze of society is a major brake. One of the lawyers already constituted also confides, under anonymity:

“I don’t even want people to know that I’m in this case. It’s a very sensitive file. You hesitate several times before setting up and you even have to consult your loved ones before starting. ”

In a context where the lawyer is often assimilated to the cause he defends, some fear being labeled “the lawyer of goordjiguenes” (homosexuals) and seeing their personal image or that of their firm tainted. This apprehension is all the more strong for those who are considering a political career. As a young lawyer explains:

“There is something infamous that makes many lawyers not want their names to be associated with these facts. ”

Beyond social pressure, the religious dimension also weighs in the choices of certain councils. A lawyer anticipated to join the defense says bluntly:

“I can’t take this file. Never. When I myself read a passage from the Koran where God says it is the worst of abominations, I cannot accept. ”

For him, the proposed fees do not change his decision. He even adds:

“I don’t want this money to be used by my family. It’s money unfit for consumption. ”

In the face of these positions, other lawyers point out, however, that the right to the defence remains a fundamental principle. A dean of the bar, with more than thirty years of career, adopts a decisive position:

“Even the biggest criminal has the right to a lawyer. I took an oath to defend the widow and the orphan. If someone constitutes me and pays me accordingly, I defend him accordingly. It’s my job. ”

In the same vein, another council compares the role of the lawyer to that of a doctor:

“The lawyer defends a case, he does not defend a goordjiguène. It’s like the doctor who has a patient in his hands: he cannot refuse to treat him because of his status. ”

Some lawyers have also agreed to set up on principle, sometimes even without collecting fees. One of them explains:

“I constituted myself because I didn’t like some things that happened at the brigade that day. But I didn’t ask for any fees. ”

However, the daily interlocutor acknowledges the complexity of the file and the pressure of opinion:

“In Senegal, we are used to assimilating the lawyer to the cause he defends. “

Senegal: National Assembly to examine new bill that increases penalties for same-sex relations

“We find ourselves in prison alongside criminals”, a bill provides for doubling the penalties against homosexuality

The National Assembly of Senegal must examine on Wednesday, March 11, a bill to toughen the repression of homosexuality, with penalties of up to ten years in prison. This initiative comes in a climate of tension marked by arrests and criticism from human rights organizations.

The deputies of the National Assembly of Senegal will meet in plenary session on Wednesday, March 11, 2026 to examine a bill aimed at strengthening sanctions against same-sex relations. According to a document from the single chamber of Parliament received by AFP, the text provides for doubling the penalties incurred, which could reach up to ten years in prison.

The bill was made public last month by Prime Minister Ousmane Sonko. In addition to the tightening of sentences for homosexual relations, it also plans to punish anyone who “apology” homosexuality with three to seven years in prison.

A wave of arrests in recent weeks

The parliamentary debate comes in a context of increased repression against people suspected of homosexuality. In early February, 12 men, including two local celebrities, were arrested and charged with “unnatural acts”, an expression used to refer to same-sex relationships.

According to the local press, this operation was followed by a series of almost daily arrests of at least 30 people. Some would have been identified as a result of complaints or searches of their phones.

In several cases, the media published the names of the arrested persons. A practice that led the Council for the Observance of the Rules of Ethics and Deontology in the Media (CORED) to remind editorial offices of the importance of respecting “human dignity” and the “privacy of individuals”.

On the spot, the gay community lives in fear. At RTL’s microphone, El Hadj confides that he no longer dares to leave his small apartment in Dakar except to go to work. “You wake up one fine day and you hear that we have caught five people, the next day you hear that we have caught two, that’s what happens. Because of your sexual orientation you are in danger, and that should not be the case in 2026”.

A feeling he shares with his friend now living in France, who was arrested in 2021 for homosexuality. “I’ve been in prison for three months, we don’t hurt anyone. We find ourselves in prison alongside criminals,” he said on RTL’s microphone.

A sensitive subject in a very religious country

Mostly Muslim and deeply religious, Senegal widely considers homosexuality as a deviance. In some recent cases, arrested people have also been accused of deliberately transmitting HIV, which has fueled virulent anti-homosexual rhetoric.

The tightening of legislation is also an old promise of the ruling camp, politically promising in the country. For several years, very influential religious associations have been calling for more severe criminalization of homosexuality, regularly calling on the authorities to strengthen sanctions.

Outdated HIV criminal laws under scrutiny in Central Asia

Not only disease: how HIV turns into a criminal case

When Aziza (name changed) came to work in a beauty salon in Tashkent that morning, she did not expect that she would soon become a defendant in a criminal case. Her HIV status, which had previously remained part of a medical secret, became known and turned out to be not just personal information, but a legal fact.

At that time, Uzbekistan had a list of professions prohibited for people living with HIV. Today it has been significantly reduced and it mainly concerns medical specialties, but then the restrictions were wider. Work in the field of beauty was prohibited.

In itself, employment in the salon was qualified as “deliberingly placing another person at risk of HIV infection”. In other words, the risk was assumed automatically – without the need to prove the real threat of virus transmission. There were no scientific grounds for this approach: HIV is not transmitted through household contacts, and if standard sanitary standards are observed, work in the salon does not pose an epidemiological danger.

Nevertheless, a criminal case was opened against the woman under Article 113 of the Criminal Code – “Spreation of venereal disease or HIV/AIDS infection”. The court found her guilty, despite the absence of facts of infection transmission or actions that create a real risk.

A similar article is present in the Criminal Code of Tajikistan – 125 – “HIV infection”.

Later, Aziza, trying to earn a living, faced problems again. The employee of the internal affairs bodies actually disclosed her diagnosis publicly, despite the fact that information about the state of health is classified as confidential and is subject to protection. Employees who work with such cases are required to undergo special training and take into account both medical and legal aspects, including the requirement to maintain medical confidentiality. However, in practice, these norms are not always observed – including due to a lack of understanding of confidentiality responsibilities.

Aziza was convicted under the norm, which was later revised. The restrictions were recognized as unjustified, and the list of prohibited professions was significantly reduced.

As of December 1, 2025, according to the Republican AIDS Center of Uzbekistan, 52 thousand people with HIV live in the country. As of September 30, 2025, 13,045 people living with HIV were registered in Tajikistan.

In 2023, 20 cases were recorded in Uzbekistan when people living with HIV became suspects, interrogated and brought to justice under Article 113 of the Criminal Code. According to the HIV Justice Network, from 2008 to 2026, 442 cases related to the criminalization of HIV were registered in the country.

In Tajikistan, according to specialized studies, 64% of people living with HIV report cases of discrimination, including from medical workers. At the same time, there are virtually no mechanisms for reviewing such cases, rehabilitation or compensation for damage. Even after the change in legislation, the consequences for convicts remain – legal, social and professional. The system adjusts the norms, but does not restore fate.

The criminal article automatically reveals the diagnosis

A person living with HIV, who leads a full life, builds relationships and does not violate medical prescriptions, under certain legal conditions may find himself in the status of a potential accused. And this despite the fact that other norms of legislation are directly enshrined: HIV status cannot serve as a basis for discrimination.

“The problem is that the criminal article itself automatically discloses the diagnosis: if a person is tried under the article on the spread of HIV, his status becomes obvious. This violates the confidentiality of the diagnosis and, accordingly, the right to privacy. Thus, a person not only gets a criminal record, but also faces the disclosure of his diagnosis,” says Timur Abdullayev, a consultant on law and public health.

There are also problems with employment. As a rule, these are episodic cases, information about which reaches public figures. Many cases remain unknown because people are afraid to take any steps not to reveal their diagnosis.

“If the law itself creates discrimination, it cannot be called good. The paradox is that the HIV prevention law explicitly states the inadmissibility of discrimination in the field of labor and education. But at the same time, there are norms according to which a person can be brought to justice simply for the fact that he continues to work. As a result, there is a contradiction: discrimination is formally prohibited, but in fact it is possible”.

According to Zebo Kassymova, a lawyer representing the interests of women living with HIV within the framework of the Global Fund project in Tajikistan, under Article 125, as in Uzbekistan, the majority of applicants are women.

“Article 125 of the Criminal Code of the Republic of Tatarstan is discriminatory against people living with HIV in terms of respect and observance of human rights,” she says.

The article provides for a composition not only for intentional transmission of HIV, but also for endangering HIV infection. According to the lawyer, almost all PLWH who have sexual contact fall under this article, and thus this norm deprives PLWH of the right to sexual health as an element of the right to physical and mental health.

“And this disposition does not take into account the informed consent of the other partner, does not take into account such moments as the use of condoms as a means of safety during sexual contact or the unidentified viral load, in which HIV is not transmitted according to the latest scientific research, the “window period” during which HIV is detected (from 3 to 6 months),” she says.

The legislation does not define the ways of HIV transmission. Meanwhile, until recently, the courts issued convictions only if there was HIV status, regardless of whether there was a risk of infection or not, says Zebo Kassymova.

Depression and lack of rehabilitation

Aziza, whose HIV status was revealed, was in a serious psychological state for a long time. At the same time, she had a small child who needed to be supported.

“She was deprived of her last source of income. Moreover, this was done by the state, which convicted it under an article that would actually no longer be applied today – her profession is no longer on the list of prohibited,” says Timur Abdullayev, a consultant on law and public health.

Aziza’s criminal record has already been extinguished, but rehabilitation has not been carried out. At the same time, the very fact of the investigation, trial and sentence still affects her life.

Almost all Central Asian countries have retained the criminalizing articles inherited from the Soviet period, although they were partially revised and edited over time.

“The problem is that the very concept of “knowness”, which is used in such articles, is legally blurred. The Criminal Code does not explain what exactly “knowingly” means. Knowledge is not an element of the crime – such an element is intent,” Abdullayev notes.

This article appeared back in the 1980s, when it was believed that criminal prosecution would help stop the epidemic. Forty years have passed – the article remained, the epidemic has not disappeared anywhere, says the expert.

There are cases of discrimination on the basis of HIV, but the problem is that there is no system that would record them. There are no studies and regular monitoring. As a result, we get a paradoxical situation: there is no monitoring system – it means that there are no problems, says the expert.

Timur Abdullayev says that in Uzbekistan it would be possible to study what discrimination people with HIV face, but there was not enough money and specialists for this. They wanted to include this item in the international application for funding, but it was not approved – and in the end the study was not conducted.

The expert notes that the full picture of the situation is not visible, and reports of violations appear regularly, especially when the diagnosis is disclosed.

“For example, a person is tested for HIV, he receives a call from a medical institution, and if he is not there, they can tell relatives that they need to come to the center. It used to happen regularly, but even now such cases pop up periodically.”

The UN Committee on the Elimination of All Forms of Discrimination against Women recommended that Uzbekistan repeal the article criminalizing the transmission of HIV, especially its part on “at risk of infection”. The logic is simple: women suffer disproportionately from this norm, so it is considered discriminatory by the Committee. “But there was no reaction. The article was and remained,” Abdullayev says.

Decision

International organizations such as the UN, UNAIDS and the World Health Organization (WHO) are actively opposing the criminalization of HIV. According to their recommendations, criminal liability for HIV should be limited only to cases of intentional transmission of HIV infection, when a person knowingly and intentionally infects another.

In Armenia, the provision on “leavement in danger” was excluded, retaining responsibility for the actual transmission of infection – intentional or negligent.

In the United States, some states still criminalize HIV transmission, while others have abandoned such norms. At the same time, studies show that the presence or absence of such articles does not have a statistically significant impact on the level of infection spread.

There are two problems here. The first is the automatic disclosure of the diagnosis: if the article directly mentions HIV, the very fact of criminal prosecution makes the diagnosis public. The second is a wide space for abuse. There are situations when after the conflict one partner writes an application for the other, although both of them knew about the diagnosis for a long time.

In many countries – Belarus, Kazakhstan, Moldova, Russia, Kyrgyzstan – the legislation has been amended, according to which responsibility does not come if the partner was aware of the HIV status and voluntarily took a possible risk. Similar changes are currently being discussed in Tajikistan.

The situation in Tajikistan

On December 26, 2023, Tajikistan began the process of decriminalizing responsibility for endangering HIV infection and transmission in order to ensure justice for people living with HIV.

The new resolution of the Plenum of the Supreme Court of the Republic of Tatarstan “On judicial practice in criminal cases related to human immunodeficiency virus infection” offers the courts to consider issues related to criminal liability under Article 125 of the Criminal Code more objectively. The resolution obliges judicial practice to be based on new norms that take into account international standards and recommendations.

“The Plenum Resolution is encouraging because it allows for a more fair interpretation of existing laws, but it does not establish new laws and does not change the Criminal Code, which still criminalizes HIV transmission. This step towards a fairer legal framework was the result of joint efforts of the Supreme Court and civil society organizations, as well as long-term advocacy of UNAIDS, UNDP and the Global Fund to Fight AIDS, Tuberculosis and Malaria, which reflects a holistic and inclusive approach to solving complex legal issues related to HIV,” says Zebo Kassymova, a lawyer from Dushanbe.

The article duplicates the norms

Timur Abdullayev believes that the need for a separate article on HIV in criminal legislation raises serious doubts. According to him, when it is proposed to cancel a special norm, most often there is an objection: “But then how to qualify the harm?”.

However, he notes, most criminal codes already provide for articles on causing harm to health – mild, moderate and severe, and the regulations explicitly indicate that biological impact can also be considered harm to health. In this sense, a separate article on HIV actually duplicates the existing norms. “In fact, the coordinated work of several departments and explanations is enough – and the need for a separate article disappears,” he emphasizes.

Abdullayev also draws attention to the widespread argument of law enforcement agencies that without a special article, people will allegedly begin to infect others en masse. He calls it a myth, emphasizing: “This norm has never stopped the spread of infection”. In his opinion, the price of her existence is too high – people get criminal records without committed actions that would really deserve criminal punishment.

The expert reminds that in case of cancellation of the special article, general norms on causing harm to health may be applied. According to him, in the practice of Uzbekistan, HIV transmission is often actually equated to serious bodily harm, which creates a disproportion to the punishment. As a result, several problems arise at once: there is a separate article, the application of which causes difficulties, and there is no sufficient judicial explanations, which increases legal uncertainty.

The organization “Ishonch va hayot” proposes to limit criminal liability in Uzbekistan only to cases of intentional transmission of HIV – when it is proven that a person knew about his HIV-positive status, acted with the direct intention of transmitting the virus and the infection really occurred.

Aziza’s story is not an isolated case, but an example of how legal norms can survive their time and continue to break lives. Until the legislation is brought into line with modern medicine and the principles of confidentiality, people with HIV will live not only with a diagnosis, but also with a constant risk of being accused.

Senegal: Arrests and breach of medical confidentiality trigger drop in HIV testing and treatment attendance

“Violation of medical confidentiality”: in Senegal, caregivers worried about allegations against homosexuals with HIV

In Senegal, people have been incriminated for their homosexuality and accused of HIV transmission. These arrests follow the announcement by Prime Minister Ousmane Sonko of the tightening of the law penalizing “unnatural acts”. Since these arrests, the actors in the fight against AIDS have seen a decrease in attendance at screening centers.

“Arrest for homosexuality: serious cases of unnatural acts with voluntary transmission of HIV/AIDS,” headlined the Senegalese daily Les Échos, on February 9. About thirty people have been accused of transmitting HIV and incriminated for their homosexuality, which is prohibited by law. The Senegalese government has just toughened this legislation on February 24. These arrests frighten patients with the virus, who no longer go to the Dakar screening center.

“Patients are afraid of being arrested and stigmatized,” explains Dr. Rassoul Diouf, at Fane Hospital, one of Senegal’s main health centers. Usually, this facility welcomes dozens of patients daily for HIV testing and monitoring. But in recent weeks, Dr. Rassoul Diouf has seen a significant drop in consultations.”The convocations for appointments are difficult to happen. We call them but there is reluctance,” he explains to TV5MONDE.

Breach of medical confidentiality

For the actors in the fight against AIDS, this disclosure constitutes a “violation of medical confidentiality“. The National AIDS Council recalls that a law in Senegal protects the identity of people with HIV.

“On an ethical level, this is not normal, but even less on a legal level,” says Dr. Safiatou Thiam, executive secretary of the National Council for the fight against AIDS. “HIV has the particularity of being framed by a law that prohibits the disclosure of people’s status. We do not know how or by what process medical results ended up in the public square,” she explains to TV5MONDE.

Misinformation and confusion about HIV transmission

Actors in the fight against AIDS also deplore confusion about the modes of transmission of the virus. However, Senegal has long been cited as an example for the means put in place to fight HIV. Since the end of the 1990s, the country made treatments accessible. “At the beginning of the epidemic [of HIV, ed.], many countries refused to recognize its existence. But Senegal said: not only does HIV exist, but I will treat it,” explains Dr. Khoudia Sow, doctor and anthropologist.

“When a person follows his treatment properly, he becomes undetectable and can no longer transmit the virus. On the other hand, if these people interrupt their treatment for fear of stigmatization, the risk is that in the short term new transmissions will appear,” she confides. Currently, the HIV prevalence rate in Senegal is estimated at 0.3%, one of the lowest in the region. However, if patients stop taking their treatment, for fear of stigma, this rate could increase in Senegal.

US: HIV criminalisation laws expose Black Americans to disproportionate arrest and prosecution rates

“Look at who’s in political control”: How HIV disclosure laws are steeped in racial bias

HIV criminalization arose in an atmosphere of fearful ignorance, disproportionately harming Black men. But activists are fighting back.

Today, 32 states have laws that criminalize people living with HIV (PLWH). These laws expose PLWH to the risk of prosecution and incarceration for engaging in consensual sexual activity while not disclosing their status. Of those states, 28 enhance criminal penalties based on an individual’s knowledge of their HIV status. In many of these states, arrests and convictions due to HIV criminalization disproportionately impact Black populations, because HIV disproportionately impacts Black populations.

A new study of 16 states by the Williams Institute shows Black Americans are more likely than any other race to be arrested and convicted for HIV-related allegations, and were arrested for HIV-related crimes at higher rates than their overall share of the population. In 64% of the states analyzed, Black Americans faced higher rates of arrest than their share of PLWH in the state. In 75% of the states, Black Americans were convicted at higher rates than their share of PLWH in the state.

Legislation criminalizing the transmission of HIV started in the 1980s, in response to events largely fueled by fear that the AIDS epidemic — which at the time was perceived as gay men’s disease, and was originally called Gay Related Immunodeficiency Syndrome (GRID) — would spread to heterosexuals. In 1987, Ronald Reagan’s Presidential Commission on the HIV Epidemic recommended that states adopt HIV-specific laws in response to rising infection rates among gay men, based on the belief that existing assault laws were too lenient to serve as a deterrent.

In 1990, the Ryan White Comprehensive AIDS Resource Emergency (CARE) Act was enacted, providing funding to states on the condition that their criminal laws addressed intentional HIV exposure and transmission.

Subsequently, flurries of punitive legislation arose amid highly publicized, sensationalized cases involving young Black men, such as that of Nushawn Williams in the late 1990s. Accused of having sex with younger women while HIV-positive, Williams pleaded guilty to reckless endangerment and statutory rape and was sentenced to 12 years in prison. He remains imprisoned after serving his sentence because the New York attorney general initiated involuntary civil commitment proceedings against him just days before his release.

“Available research confirms what we knew back then — criminal laws do not reduce HIV transmission or the behavior that causes it,” says Catherine Hanssens, the founding executive director of The Center for HIV Law and Policy.

Robert Suttle, an HIV criminalization policy expert, tells LGBTQ Nation that these laws became more about control than prevention. “HIV criminalization became a proxy to control certain populations — queer people, sex workers — especially to stop people diagnosed with HIV from having sex,” says Sutter. “It’s never worked.”

Indeed, recent studies have found that HIV criminalization laws have “no detectable prevention effect.”

Not only do HIV criminalization laws, conceived at a time when an HIV diagnosis was essentially considered a death sentence, fail as preventative measures, but they also eliminate burdens of proof and intent to do harm, which are required under criminal law.

Most of these laws only require simple exposure with the failure to disclose HIV status. Most state laws don’t require evidence of transmission or intent to harm. Several target interactions in which spit and other bodily fluids come into contact with law enforcement, correctional employees, and first responders, criminalizing behavior that has no chance of transmitting HIV.

Again, these laws — which have stood for decades — reflect a time when little was known about how HIV was spread, and a diagnosis was considered fatal.

Black bodies on trial: The case of “Tiger Mandingo”

The case of Michael Johnson, also known by his screen name “Tiger Mandingo,” illustrates many of the problems with HIV-criminalization laws and how they intersect with the historic policing of Black Americans.

Johnson, a Black gay wrestler at Linwood University in St. Charles, Missouri, was arrested in 2013 for not disclosing his HIV-positive status to six former male sex partners, four of whom were white. At the time, Missouri’s law required PLWH to inform their partners of their status, regardless of safe-sex practices. The law did not require intent to transmit or actual transmission of HIV, but only that a person was aware of their status and unable to prove that they informed their partners before engaging in sex.

Johnson faced a stacked deck before his trial even started. Of the 51 potential jurors, only one was non-white. Half said they believed being gay was a choice, and two-thirds believed it was a sin. All were straight, HIV-negative, and believed that PLWH who do not disclose to their partners deserved to be prosecuted. The final jury consisted of four white men, seven white women, and one retired Black nurse. Most of the jurors appeared to be in their 50s or 60s.

Several discrepancies arose during Johnson’s trial. Johnson maintained that he disclosed his status and that all of his partners engaged in consensual sex without condoms. Each of his partners testified that they’d asked if he was “clean” or STD-free, and that he’d assured them that he was. This contradicted what they initially told police. But the jury never heard of these discrepancies, either because his defense attorney failed to raise them or because she was overruled when she did.

Telling people that they are a potential criminal based only on a diagnosed health condition is harmful, particularly to people who have been told for centuries that they are not worthy of equal treatment under the law based on race, sexual orientation, or gender identity.”

Catherine Hanssens, executive director of The Center for HIV Law and Policy.

One partner testified that Johnson had actually infected him, but told the police he’d told Johnson he was HIV-positive when he met him. No genetic evidence linked Johnson’s strain of HIV to the virus in the other men, suggesting that they may have contracted it from someone else.

The prosecution employed stereotypical tropes. Images of Johnson’s penis — from a sex video made with one of his partners — were shown to the nearly all-white, all heterosexual, HIV-negative jury, literally criminalizing his “contagious” Black body, and reducing him to his sex organ, described in graphic, lurid detail in police reports and on the witness stand as “very large” and “too tight” for condoms.

In 2015, the jury sentenced him to 30 years for transmitting HIV without disclosure to six former sexual partners, and 30.5 years for exposing four others without disclosure, for a total of 60.5 years — a longer sentence than many convicted of involuntary manslaughter. The judge ultimately reduced the sentence to 30 years.

However, Johnson served only a fraction of his sentence. His conviction was overturned in December 2016 due to egregious prosecutorial misconduct. Johnson accepted a plea deal and was released from prison on July 7, 2019.

In 2021, Missouri reformed its HIV-criminalization law, downgrading “reckless exposure” of someone to HIV from a Class B felony to a Class D felony. Moving away from the AIDS panic of the 1980s, the law applies to all “serious infections and communicable diseases,” instead of singling out HIV. Prosecutors must now prove someone “knowingly” exposed someone to HIV.

Policing Black bodies in a culture of fear

While HIV criminalization laws were originally targeted at gay men, they represent a small number of actual arrests.

“Based on the best data available, women of color who are sex workers and Black men targeted by police or those currently incarcerated make up most of the arrests and convictions,” Hanssen says.

Hanssen also describes how HIV criminalization laws don’t necessarily impact transmission, but may discourage vulnerable communities from accessing essential resources. “As I’ve suggested, laws based on myths and misconceptions surrounding HIV will perpetuate HIV stigma,” Hanssen said.

HIV-related stigma creates real obstacles for PLWH. The behaviors often associated with acquiring HIV — such as being gay or using intravenous drugs — are still stigmatized, and confirming or disclosing one’s HIV status is still widely perceived as socially dangerous. HIV-related stigma can discourage testing and prevention practices. Individuals may fear confirming their HIV status, let alone accessing education about transmission and prevention. HIV criminalization laws increase those fears.

“But look at who’s in political control — and who controls public health and the legal system. Those systems get off the hook by shifting blame to individuals. Instead of investing money into prevention, education, and awareness, they criminalize people.”

Robert Suttle, an HIV criminalization policy expert

“Telling a newly diagnosed person they will be prosecuted as a felon if they expose another person to HIV may not discourage them from having sex,” she said, “but it might discourage them from entering and staying in health care, particularly when medical mistrust is already so high among the vulnerable populations targeted by these laws.”

This is especially true for Black Americans, among whom medical mistrust may be a deeply rooted reaction to historical exploitation by incidents like the Tuskegee experiment and ongoing systemic racism.

Suttle explains how these laws cause particular harm to Black LGBTQ+ people by creating a culture of fear. “Is the public health system or legal system helping the people they claim to protect?” he asks, “The evidence shows they’re doing more harm than good.”

“For Black people — especially Black LGBTQ+ people — HIV isn’t just a medical condition,” he says. “It’s shaped by laws, policies, and institutions that operate from a culture of fear rather than science, and from control rather than care.”

Hanssen echoes Suttle, saying, “Telling people that they are a potential criminal based only on a diagnosed health condition is harmful, particularly to people who have been told for centuries that they are not worthy of equal treatment under the law based on race, sexual orientation, or gender identity.”

“There is now plenty of evidence demonstrating how HIV criminal laws increase stigma,” says Catherine Hanssens. “These laws create a uniquely harmful, un-American legal standard and produce felony penalties rooted in lack of knowledge about HIV transmission – that alone is enough to demand their repeal.”

Reforms vs. real change

Thanks to the work of state-based organizations like Free State Justice in Maryland, Equality California, and Washington State’s HIV Justice Network, so far, eight states have taken steps to reform their HIV criminalization laws, though not all have repealed them.

California and Washington State have made the biggest changes. Now, both states require proof that someone intended to transmit HIV or actually did so before they can be convicted. They have also removed most laws that made exposure to HIV or other diseases a crime, except in some cases involving sex offenders. Intentional transmission is now a misdemeanor in California, with a maximum sentence of six months, or in Washington State, 30 days.

By comparison:

North Carolina still connects criminal liability to viral load and engagement in care.
Iowa eliminated its sex offender registry requirement and tightened up intent requirements, but added “recklessness” as a standard for liability.
Virginia reformed its bill, but retains felony-level offenses.

Beyond reforms to state laws, Suttle suggests a paradigm shift away from focusing on individuals and toward the legal and justice systems is necessary for effective change.

“In an individualistic society, if HIV is happening, it’s treated like we [PLWH] caused it,” he says. “But no single individual can cause an epidemic. Instead of addressing external factors — poverty, lack of education, lack of access to healthcare — systems punish individuals. Those conditions are by design, not because people ‘created’ HIV.”

“But look at who’s in political control — and who controls public health and the legal system. Those systems get off the hook by shifting blame to individuals. Instead of investing money into prevention, education, and awareness, they criminalize people.”

“For Black LGBTQ communities, this is a matter of survival,” Suttle says. “HIV in America today isn’t simply defined by medicine. It’s defined by whether laws and institutions will catch up with science, provide equity, and understand the reality we’re living in.”

Subscribe to the LGBTQ Nation newsletter and be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.

Terrance Heath is a longtime LGBT equality activist, writer, and award winning blogger. He lives in Chevy Chase, Maryland, with his two sons.

US: Report from the Williams Institute examines how HIV stigma contributes to HIV criminalisation

HIV stigma is pervasive and increasing among US adults

This study uses data from the nationally representative General Social Survey to assess the prevalence of HIV stigma in the U.S. and examine the ways HIV stigma contributes to the criminalisation of people living with HIV.

The full brief can be downloaded here: https://williamsinstitute.law.ucla.edu/wp-content/uploads/HIV-Stigma-Feb-2026.pdf

Senegal: CNLS issues guidelines on medical confidentiality and HIV care in prisons

Medical records and HIV: The CNLS imposes a strict ban targeting the prison administration

Health management in places of deprivation of liberty in Senegal is undergoing a major overhaul. In response to human rights issues, the National Council for the Fight against AIDS (CNLS) has issued a strategic guidance note detailing care protocols. According to information reported by the newspaper Le Quotidien, this approach aims to establish clear rules regarding the monitoring of people living with the virus in prisons.

The central point of this directive concerns medical confidentiality. The Executive Secretariat of the CNLS prohibits the disclosure of prisoners’ HIV status. In practical terms, the medical records of prisoners living with HIV (Pvvih) must be kept separate from the records managed by the prison administration. These documents remain the sole responsibility of the medical staff assigned to the infirmary.

The CNLS text also includes a scientific clarification intended for the day-to-day management of detention. The document specifies that an inmate carrying the virus can live in the community and share the same cell as other inmates without any risk of transmission.

From a medical standpoint, the protocol applied is in line with international standards, guaranteeing inmates the same care as the general population. Consultations are carried out in health centres or specialised hospital services, under the supervision of the prison medical service. Our editorial team also notes that HIV testing in prison is not compulsory; it is offered with the prisoner’s free consent, after psychosocial support.

The system provides for a full medical assessment upon incarceration. If the new arrival is already undergoing antiretroviral treatment, contact is established with their treating physician to prevent any interruption in treatment, a known factor in virus resistance. This initial examination also makes it possible to identify other comorbidities such as diabetes, hypertension or substance use disorders.

To support the implementation of these guidelines, the CNLS is rolling out training and advocacy sessions in the field. These meetings are aimed directly at professionals working in prisons, including senior nurses, warders and directors of detention and correctional centres (MACs).

Medical records and HIV: The CNLS fixe une interdiction stricte ciblant l’administration pénitentiaire

La gestion de la santé dans les lieux de privation de liberté au Sénégal fait l’objet d’un recadrage précis. Face aux enjeux liés aux droits humains, le Conseil National de Lutte contre le Sida (Cnls) a diffusé une note d’orientation stratégique détaillant les protocoles de prise en charge. Selon les informations rapportées par le journal Le Quotidien, cette démarche vise à instaurer des règles claires concernant le suivi des personnes vivant avec le virus au sein des prisons.

Le point central de cette directive concerne le secret médical. Le Secrétariat exécutif du Cnls pose l’interdiction de divulguer le statut sérologique des détenus. Concrètement, le dossier médical d’un détenu vivant avec le VIH (Pvvih) doit être impérativement séparé des dossiers gérés par l’Administration pénitentiaire. Ce document reste sous la responsabilité exclusive du personnel soignant affecté à l’infirmerie.

Le texte du Cnls intègre également une mise au point scientifique destinée à la gestion quotidienne de la détention. Le document précise qu’un détenu porteur du virus peut vivre en communauté et partager la même cellule que les autres pensionnaires sans aucun risque de transmission.

Sur le plan médical, le protocole appliqué s’aligne sur les normes internationales, garantissant aux détenus les mêmes soins qu’à la population générale. Les consultations s’effectuent dans des centres de santé ou des services hospitaliers spécialisés, sous la supervision du service médical carcéral. Notre rédaction note également que le dépistage du VIH au sein de la prison n’est soumis à aucune obligation ; il est proposé avec le libre consentement du détenu, après un accompagnement psychosocial.

Le dispositif prévoit une évaluation médicale complète dès l’incarcération. Si le nouvel arrivant suit déjà un traitement antirétroviral, une liaison avec son médecin traitant est établie pour prévenir toute rupture thérapeutique, un facteur connu de résistance au virus. Cet examen initial permet dans le même temps d’identifier d’autres comorbidités telles que le diabète, l’hypertension ou les troubles liés à l’usage de substances.

Pour accompagner l’application de ces directives, le Cnls déploie des sessions de formation et de plaidoyer sur le terrain. Ces rencontres ciblent directement les professionnels intervenant en milieu carcéral, notamment les infirmiers major, les surveillants et les directeurs des Maisons d’arrêt et de correction (Mac).