New Zealand: New Zealand’s HIV progress undermined by stigma and outdated laws

Experts warn stigma, outdated laws obstacles to ending HIV transmission

New Zealand is on track to record its lowest number of new HIV diagnoses in decades – but advocates say progress is at risk because stigma and outdated laws still shape the lives of people living with HIV.

Just 95 people were diagnosed with HIV in 2024, with even fewer expected this year. But, despite the medical advances behind that decline, discrimination remains widespread.

Judith Mukakayange from Positive Women Inc said she still sees stigma harming families.

“I got a call about a family denied emergency housing because the mother is living with HIV. They believed she could transmit HIV just by sharing a house, which is not true.”

Burnett Foundation Aotearoa CEO Liz Gibbs said outdated criminal laws also contributed to the stigma.

“If you don’t declare your status and have unprotected sex, you can be criminally prosecuted under New Zealand law, despite being on treatment and having an undetectable viral load. They cannot transmit HIV, and therefore shouldn’t be criminalised.”

Rodrigo Olin German, who has lived with HIV for 22 years, said too few New Zealanders understood the science behind modern treatment.

“Very few people know that people with HIV cannot pass it on if they are on effective treatment. We need more education and wider national campaigns.”

A history of acceptance – a present-day problem

New Zealand once prided itself on its compassion toward people living with HIV. In the 1980s, Eve van Grafhorst, a young girl ostracised in Australia after contracting HIV through a blood transfusion, was welcomed in Aotearoa and able to live a normal life.

Advocates say that spirit has faded, and that public attitudes today are still shaped by fear rather than science.

Survey reveals widespread misunderstanding

New research released ahead World AIDS Day highlights the scale of the problem:

41% of New Zealanders are not comfortable having food prepared by someone living with HIV
82% say they would be uncomfortable having a sexual relationship with someone with HIV
23% would be uncomfortable shaking hands.

Calls for law reform and access to medication

At a World AIDS Day breakfast at Parliament, the Burnett Foundation called on the Government to update HIV criminalisation laws and improve access to modern medicines.

Gibbs said New Zealand was significantly behind other countries.

“Some of our medication regime is 15 years or longer behind best practice in OECD nations. In other countries, you would have access to long-acting injectable treatment.”

Government response

The Government says there are no current plans to review HIV criminalisation laws.

However, officials have been asked to provide advice on endorsing the U=U campaign, which highlightedthat HIV can be both undetectable and untransmittable with the right treatment.

Advocates say embracing U=U publicly, updating the law and improving medication access could put New Zealand on track to become one of the first countries in the world to reach zero new transmissions.

Canada: Advocates urge Liberals to honour the Trudeau government’s commitment to reform HIV disclosure laws

Words aren’t enough: Canada must deliver on HIV criminal reform

HIV criminalization is not a new concern. For decades, people living with HIV in Canada have faced the reality that they can still face public outing by authorities, prosecution by the “justice” system, and imprisonment for allegedly not disclosing their HIV status to a sexual partner. This continues to be the case today, even in situations where there was no realistic possibility of transmission, no intent to transmit, and no transmission actually happened.

And for decades, people living with HIV, activists and community advocates, legal minds, and public health and medical experts have shown again and again that Canada’s terribly punitive approach is discriminatory, scientifically outdated, and harmful to public health. It reinforces and codifies systemic injustices and inequalities based on race, migration status, sexual orientation, and gender. It contradicts current science on HIV transmission, and it entrenches HIV stigma, further cementing barriers that people living with HIV face to accessing care and treatment, not to mention housing, employment, and personal safety. How can we expect people to feel safe getting tested and learning their HIV status when it could later be vindictively used against them?

That’s why it really mattered when, on December 1^st, 2017, the Government of Canada acknowledged these very concerns and highlighted the problematic state of HIV criminalization on World AIDS Day in their report Criminal Justice System’s Response to Non-Disclosure of HIV. The problem is that since 2017, the government’s actions have not caught up to words and there has been little progress from Canada to right these wrongs. People living with HIV in this country continue to be forced to live in fear.

Over the last eight years, activists, led by people living with HIV themselves, have continued to move the needle on HIV criminalization. Thanks to their efforts, the federal government announced national consultations on HIV criminalization at the 2022 International AIDS Conference, which was held in Montreal. “Our government recognizes that the criminalization of people living with HIV can lead to stigmatization and significant hardships,” stated then-Minister of Justice David Lametti. “This is why we are consulting Canadians on the best approach to reform the criminal law regarding HIV non-disclosure. It will help us find solutions, and will lead to better outcomes for affected populations.”

Those consultations concluded in early 2023 and since that time, no law reform has been introduced. Productive meetings with advocates aimed at making meaningful change continued for a time, until the Government of Canada quietly informed us last year that it had put any plans for real justice on the backburner.

While other jurisdictions, including various American states, such as Nevada, Virginia, Maryland, and Illinois, narrow or eliminate misguided prosecutions, the threat of criminalization continues to hang over the heads of people living with HIV here in Canada. In parallel, at a time when fewer people are being diagnosed with HIV around the world, HIV cases rose a staggering 35.2% in Canada between 2022 and 2023. While preliminary data from 2024 indicate a slight decrease in new cases in Canada, only time will tell whether this represents a reversal from recent worrying trends. What remains clear is that Canada must do more – both in its legal and policy responses – to get back on track toward the goal of eliminating HIV as a public health threat by 2030.

And so, every World AIDS Day, advocates find themselves writing yet another op-ed urging Canada to act. The headlines over the past few years alone tell the story: “Unjust HIV Criminalization is a National Disgrace”; “The Government of Canada Must Act to End the Harms of HIV Criminalization”; “We Need to Stop Criminalizing People with HIV”; “Let’s Stop Criminalizing HIV Status.” How long until these headlines are finally replaced with news that Canada has followed through on its promises to end the harms of HIV criminalization?

With a new government in place, we are feeling more hopeful than we were last World AIDS Day. But this government still needs to take firm and decisive action to bring Canada’s laws in line with science and human rights, and remove the stigma and discrimination against people living with HIV that is currently entrenched in our justice system. In so doing, we could envision a very different headline for next year’s World AIDS Day op-ed, and a very different reality for people living with HIV in Canada.

Muluba Habanyama is the Chair of the Canadian Coalition to Reform HIV Criminalization

Colin Hastings is an Assistant Professor at the University of Waterloo

André Capretti is a Policy Analyst at the HIV Legal Network

Mexico: Baja California eliminates HIV Criminalisation from State Criminal Code

BC Congress eliminates crime of “danger of contagion”

Translated with Google Translate. Scroll down for article in Spanish.

Mexicali, Baja California.- The XXV Legislature of the Congress of Baja California approved the repeal of article 160 of the state Criminal Code, which considered the “danger of contagion” of communicable diseases a crime. The measure seeks to eliminate the criminalization of people with sexually transmitted infections (STIs), including HIV/AIDS, and reduce the stigma that hinders their access to prevention, diagnosis and treatment services.

The opinion, presented by the Diversity Committee and supported by deputies Liliana Michel Sánchez Allende and Jaime Eduardo Cantón Rocha, maintains that the criminal figure was ambiguous and contrary to the principle of minimal criminal intervention, in addition to being redundant compared to other legal provisions that protect health.

The legal analysis of the Congress pointed out that the repeal is in line with articles 1 and 40 of the Federal Constitution, with jurisprudence of the Supreme Court of Justice of the Nation and with international standards, including the guidelines of UNAIDS and the American Convention on Human Rights.

Deputy Cantón Rocha explained that the elimination of article 160 represents an act of progressiveness in the protection of human rights and a step to ensure that no person is criminally sanctioned for carrying a disease. “No one deserves to go to jail for having a disease,” he said.

The repeal of article 160 places Baja California in the line of other entities such as Mexico City, Nuevo León and Nayarit, which have already eliminated similar provisions and promote a preventive and non-punitive approach to public health.

Congreso BC elimina delito de “peligro de contagio”

Mexicali, Baja California.- La XXV Legislatura del Congreso de Baja California aprobó la derogación del artículo 160 del Código Penal estatal, que consideraba delito el “peligro de contagio” de enfermedades transmisibles. La medida busca eliminar la criminalización de personas con infeccionesde transmisión sexual (ITS), incluyendo VIH/SIDA, y reducir el estigma que obstaculiza su acceso a servicios de prevención, diagnóstico y tratamiento.

El dictamen, presentado por la Comisión de la Diversidad y respaldado por las diputadas Liliana Michel Sánchez Allende y Jaime Eduardo Cantón Rocha, sostiene que la figura penal era ambigua y contraria al principio de mínima intervención penal, además de redundante frente a otras disposiciones legales que protegen la salud.

El análisis jurídico del Congreso señaló que la derogación se alinea con los artículos 1 y 40 de la Constitución federal, con jurisprudencia de la Suprema Corte de Justicia de la Nación y con estándares internacionales, incluidos los lineamientos de ONUSIDA y la Convención Americana sobre Derechos Humanos.

El diputado Cantón Rocha explicó que la eliminación del artículo 160 representa un acto de progresividad en la protección de los derechos humanosy un paso para garantizar que ninguna persona sea sancionada penalmente por portar una enfermedad. “Nadie se merece ir a la cárcel por tener una enfermedad”, afirmó.

La derogación del artículo 160 coloca a Baja California en la línea de otras entidades como Ciudad de México, Nuevo León y Nayarit, que ya han eliminado disposiciones similares y promueve un enfoque preventivo y no punitivo en salud pública.

Canada: Reform of HIV criminalisation laws remains stalled amid political delays

Advocates against HIV criminalization decry Carney silence on reform Trudeau promised

OTTAWA — HIV activists say there is mounting frustration in communities affected by the virus, amid near-silence from the federal government nearly 10 years after the Liberals pledged to reform laws surrounding HIV disclosure.

“We’re coming up on a decade,” said Muluba Habanyama, head of the Canadian Coalition to Reform HIV Criminalization. “There definitely has been some exhaustion.”

Canadians living with HIV can be prosecuted for not disclosing their status to sexual partners, even when they are taking prescription drugs that the Public Health Agency of Canada says renders HIV “untransmittable” to someone without the virus.

The HIV Legal Network says more than 220 people have been charged in Canada for allegedly not disclosing their HIV status since 1989.

The Liberals have been promising to fix the issue since 2016, and issued advice to prosecutors in 2018 meant to prevent them from laying criminal charges when there is no realistic possibility of transmission.

Still, HIV service organizations in Habanyama’s coalition encounter situations every few months, such as someone being arrested when an aggrieved ex-partner claims they were exposed to the virus.

A prosecution under sexual assault can put them on the National Sex Offender Registry.

“We are demonized,” said Habanyama, who has had HIV since birth.

She has watched for 32 years as medical experts developed increasingly effective tools to treat and prevent the virus.

“I’ve literally grown up with the science, but then seeing the law be exactly the same,” she said.

Even if people aren’t being criminally charged for non-disclosure, the experience of police questioning someone or taking them into custody sends a message to others who suspect they have HIV that they might be better off not getting a test.

“People are like ‘well, I don’t know my status; I can’t get charged,’” Habanyama said. “If they don’t have a record of you getting tested, you can’t prove that you knew.”

The Department of Justice acknowledged the issue in an October 2022 notice, when it launched consultations for legal reforms, six years after the Liberals first pledged action on the issue.

“Criminalization can lead to the stigmatization of people living with HIV, which can often discourage individuals from being tested or seeking treatment,” the department wrote at the time.

Other countries have reformed their laws, in recognition that the threat of prosecution prevents reaching global public-health targets of having 95 per cent of people who have HIV aware of their status and on medication.

Only 89 per cent of people with HIV in Canada know their status, according to 2022 data.

A 2022 study of 600 Canadian women living with HIV found one-fifth faced more verbal, physical or sexual violence because of HIV criminalization, such as a man who rapes a woman and threatens to report they’ve been exposed to HIV if the woman files assault charges.

“This is really affecting the lives of people living with HIV, and stops them from taking care of themselves,” Habanyama said.

The Liberals have pledged to table legislation, but put froze those plans last fall, blaming Conservative filibustering for a logjam in Parliament. The government then prorogued Parliament and went into an election, followed by a brief spring sitting.

Prime Minister Mark Carney’s government has given no indication if it will table legislation.

Justice Minister Sean Fraser was not available for an interview despite repeated requests from The Canadian Press over several weeks. He has also not agreed to meet with the coalition, instead offering a meeting with his staff members.

“Our work is ongoing and we are engaging with stakeholders at this time,” wrote Lola Dandybaeva, a spokeswoman for Fraser.

André Capretti, a policy analyst with the HIV Legal Network, said it has been “mostly radio silence” since Carney took office, though he said it’s possible the government is still getting its business in order through the summer break.

“We were making a lot of progress with the Liberal government, who was very much committed to reform on this issue and showed real commitment to engaging us,” he said, noting Justin Trudeau’s justice ministers seemed attentive.

Still, there is inconsistent enforcement across provinces, with some largely ignoring Ottawa’s 2018 advice to prosecutors, which is only binding in the territories.

“We still know of cases in the past year, of prosecutions having been initiated against people living with HIV for non-disclosure,” Capretti said.

“There is definitely frustration that has built up, just based on how long this has been ongoing and the number of repeated commitments … from different justice ministers.”

Habanyama said Canada needs a rethink in how it legislates and thinks about HIV.

She recalls her Catholic elementary school in Oakville, Ont. teaching her in the mid-2000s that HIV meant death and was the result of reckless sex, with no mention that people like her contracted it in the womb or from their mother’s breast milk.

“I was raised (to understand) this is a shameful secret that we can’t tell anybody, that this is a really bad thing.”

When she visits schools to talk about HIV, she asks students what someone with HIV looks like, and the students often say they’d expect someone bald with scars on their body. They’re often surprised when she tells them she has HIV.

The threat of criminalization looms large among Black women and gay men. Multiple woman with roots in the Caribbean who live with HIV have told Habanyama to preserve evidence in case a sexual partner ever accuses her of exposing them to HIV — including their DNA.

“These groups of women were telling me that when I have sex, I should put the man’s condom in the freezer so that I have proof if the police ever come, that we used protection.”

She said Canadians should ask their politicians to do more, particularly when they show up at events like this weekend’s Pride parade in Ottawa.

“HIV can happen to anybody,” Habanyama said. “We are all supposed to be in this together.”

US: Missouri prison system ends solitary confinement policy targeting people with HIV

A Woman With HIV Spent Six Years in Solitary. She Sued and Missouri Will Change Its Policy.

Honesty Bishop was attacked by her cellmate. Prison officials deemed her sexually active and kept her in isolation for more than 2,000 days.

Honesty Bishop could hear the screams of other people in solitary confinement. Sometimes it was so cold in her cell, she could see her breath. She dealt with scabies and mold. Her days and nights were spent in extreme isolation.

The Missouri Department of Corrections kept her locked in a cell about the size of a parking space for over six years.

She wrote letters to her sister, Latasha Monroe, in St. Louis. They both wondered why Bishop continued to be held in such severe conditions at Jefferson City Correctional Center, a men’s facility.

Interviews and records on Bishop’s years in solitary confinement paint a dark picture of a person who felt alone and hopeless, and, in the depths of despair, was driven to self-harm.

Bishop, a transgender woman, initially landed there after her cellmate tried to sexually assault her in spring 2015.

She was HIV-positive and because of the assault was classified as “sexually active” — even though she was the victim and had been on medication, making the virus undetectable and therefore untransmissible, according to a federal lawsuit filed against the Missouri Department of Corrections.

Among the reasons people can be kept in isolation, according to the department’s policy, are murder, rape and being sexually active with HIV. In her suit, Bishop said corrections officials kept her in solitary confinement because of her HIV status.

Whenever she appeared before a committee that reviewed her placement in solitary, which generally took place every 30 or 90 days, corrections officials noted 15 times when Bishop had no violations since the previous review.

“I’ve been good,” she told them during a hearing on her solitary confinement in January 2016, and again that September.

Though she filed grievances about how long she had been kept in solitary, her pleas were ignored. Department of Corrections officials wouldn’t release her from the unit until 2021 — after more than 2,000 days.

Missouri is one of three states that singles out people with HIV when it comes to solitary confinement, according to a review of 49 states’ policies on administrative segregation and restrictive housing.

The department’s HIV policy will now be changed under the terms of an Aug. 20 settlement that resulted from the lawsuit.

The state agreed to remove language singling out people with HIV for segregation. The terms also include conducting an assessment of anyone with HIV who is sent to solitary and mandatory training for some prison staff.

The department would not comment specifically on the policy or the lawsuit. Karen Pojmann, a spokeswoman for the agency, said a committee is in the process of overhauling restrictive housing. Two prisons are piloting a new model that includes “meaningful hearings” and programming to help people reenter the general population in prison, she said.

Bishop did not live to see the policy change — she died by suicide on Aug. 13, 2024. She was 34.

New global data reveals rising HIV criminalisation amid stalling legal reforms

The HIV Justice Network published new data this week showing a troubling rise in the number of people criminalised for HIV non-disclosure, potential or perceived exposure, or unintentional transmission in 2024 and the first half of 2025. As legal reforms appear to be stalling, discriminatory prosecutions, harsh sentences, and misuse of outdated laws continue to impact people with HIV and the HIV response.

The figures, presented at the 13h IAS Conference on HIV Science (IAS 2025) in Kigali, Rwanda, are drawn from the Global HIV Criminalisation Database. The database documents criminal cases and legal developments involving HIV-specific or general criminal laws worldwide.

In 2024, at least 65 HIV criminalisation cases were reported across 22 countries – up from 57 in 2023 and 50 in 2022. Russia (25 cases) and the United States (11) led the global tally, followed by Uzbekistan, Spain, Argentina, Belarus, Senegal, and Singapore. For the first time, prosecutions were documented in Panama and Uruguay.

The upward trend continued into 2025, with 48 cases reported in just the first six months. Uzbekistan (28) and Russia (9) again accounted for the majority, alongside new cases in the U.S., Canada, and Argentina. However, the actual number of cases is likely much higher, particularly in Eastern Europe, Central Asia, and the United States, where civil society organisations report many cases go undocumented.

“These cases show that HIV criminalisation remains a global crisis,” said Edwin J. Bernard, Executive Director of the HIV Justice Network. “Far too often, people living with HIV are prosecuted not for causing harm, but simply for living with a health condition – often in ways that are unscientific, discriminatory, and deeply unjust.”

Download the poster by clicking on the image

The report highlights the intersection of HIV criminalisation with racism, homophobia, gender-based discrimination, and systemic inequality. In Senegal, for example, prosecutions have disproportionately targeted LGBTQ+ individuals. In the U.S., criminal laws continue to be weaponised against communities of colour, even in cases involving no risk of transmission – such as spitting, or sex with an undetectable viral load.

One of the most alarming cases occurred in South Africa, where a former soldier was sentenced to life plus ten years for rape and attempted murder after failing to disclose his HIV status to a consenting partner – despite no evidence of intent or actual transmission. Advocates warn that such cases equate HIV non-disclosure with sexual violence and undermine decades of public health and human rights gains.

Yet, amidst the setbacks, 2024/2025 also brought some signs of hope. Maryland and North Dakota fully repealed their HIV-specific laws, while Tennessee removed mandatory sex offender registration for HIV-related convictions. Mexico City and Colima repealed vague “danger of contagion” laws, and Ukraine’s parliament voted to remove HIV from its criminal code.

In Zimbabwe, community activism helped block a proposal to re-criminalise HIV transmission. However, a new law was introduced criminalising the deliberate transmission of STIs to children, including HIV – raising fears it could be used against mothers living with HIV, particularly in breastfeeding cases.

Despite these advances, HIV criminalisation remains widespread. A total of 83 countries still have HIV-specific laws, and 23 countries reported prosecutions in this period using either HIV-specific or general laws. The HIV Justice Network warns that without urgent action, the world is unlikely to meet UNAIDS’ target of reducing punitive laws to below 10% of countries by 2030.

“The path forward must be rooted in science, rights, and community leadership,” Bernard said. “We must end laws that punish people for their status, and instead build legal systems that support health, dignity, and justice.”

EPO622 Recent progress and setbacks in HIV criminalisation around the world by Edwin J Bernard, Sylvie Beaumont, and Elliot Hatt was presented at IAS 2025 by Paul Kidd at 13th IAS Conference on HIV Science in Kigali, Rwanda.

Benin: MPs attend workshop to gain up-to-date knowledge to support review of HIV Law

HIV/AIDS in Benin: towards a review of the law on prevention and care, MPs equipped

Translated with Deepl – Scroll down for original article in French

In Grand Popo, MPs and officials from the National Assembly are meeting for an update workshop on HIV/AIDS, an initiative aimed at strengthening the national response through the revision of existing legislation, which has become obsolete in the face of new challenges posed by the pandemic.

Members of the National Assembly’s standing committees and parliamentary administrators, brought together at the initiative of the Benin Parliamentary Institute (IPaB) and the Health Programme to Combat AIDS (PSLS), are attending a briefing workshop supported by UNAIDS. The objective is clear: to equip elected officials and managers with up-to-date knowledge to support the revision of Law No. 2005-31 of 5 April 2006, which is now outdated in light of the evolution of the pandemic.

MP Victor Topanou, chair of the education committee, opened the proceedings on Monday 30 June 2025. He emphasised the central role of parliamentarians in the fight against HIV/AIDS. In view of the decline in attention in recent years, particularly due to the COVID-19 health crisis, he reiterated the urgent need to revitalise political and legislative action. He stressed that MPs are both community leaders and lawmakers, and are responsible for ensuring the political will necessary to eradicate HIV/AIDS by 2030.

The call for legal reform was well received by participants. Dr Diallo Yayé Kanny, UNAIDS Country Director in Benin, highlighted the need to update the legal framework at a time when international standards are evolving and challenges remain. She called on MPs to examine the upcoming bill with diligence. She emphasised the importance of a text that incorporates scientific advances and human rights protection requirements.

According to Dr Anita Wadagni of the Ministry of Health, the future law aims to strengthen protection for people living with HIV/AIDS, guarantee equitable access to care, combat stigma and regulate the responsibilities of public and private actors. This modernised vision is part of an inclusive and humanistic approach, in line with the country’s public health ambitions.

The discussions also highlighted the current epidemiological picture. While the prevalence rate among adults aged 15 to 49 is declining (0.7% in 2024), disparities remain, with much higher rates in certain regions and key populations. The UNAIDS Country Director recalled that, despite significant progress—a 46% decline in new infections and a 55% decline in AIDS-related deaths between 2010 and 2023—international targets remain out of reach.

The workshop, punctuated by three presentations and lively debates, aims to equip parliamentarians to rise to the challenge.

VIH/SIDA au Bénin : vers la relecture de la loi portant prévention et prise en charge, des députés outillés

À Grand Popo, députés et cadres de l’Assemblée nationale se réunissent pour un atelier de mise à jour sur le VIH/SIDA, une initiative visant à renforcer la riposte nationale à travers la révision de la législation en vigueur, devenue obsolète face aux nouveaux défis de la pandémie.

Membres des commissions permanentes de l’Assemblée nationale et responsables administratifs du Parlement, réunis à l’initiative de l’Institut parlementaire du Bénin (IPaB) et du Programme santé de lutte contre le SIDA (PSLS), bénéficient d’un atelier de briefing soutenu par l’ONUSIDA. L’objectif est clair : doter les élus et cadres de connaissances actualisées pour accompagner la révision en vue de la loi No 2005-31 du 5 avril 2006, désormais dépassée face à l’évolution de la pandémie.

Le député Victor Topanou, président de la commission de l’éducation, a ouvert les travaux, lundi 30 juin 2025. Il a insisté sur le rôle central des parlementaires dans la lutte contre le VIH/SIDA. Face à la baisse d’attention observée ces dernières années, notamment en raison de la crise sanitaire liée à la COVID-19, il a rappelé l’urgence de redynamiser l’action politique et législative. Les députés, a-t-il souligné, sont à la fois relais communautaires et artisans du droit, garants de la volonté politique nécessaire à l’éradication du VIH/SIDA à l’horizon 2030.

Le plaidoyer pour une réforme de la loi a reçu un écho favorable auprès des participants. Dr Diallo Yayé Kanny, Directrice-Pays de l’ONUSIDA au Bénin, a relevé la nécessité de mettre à jour le cadre légal, à l’heure où les standards internationaux évoluent et où les défis persistent. Elle a appelé les députés à examiner avec diligence le projet de loi à venir. Elle a souligné l’importance d’un texte qui intègre les avancées scientifiques et les exigences de protection des droits humains.

La future loi, selon Dr Anita Wadagni du ministère de la Santé, vise à renforcer la protection des personnes vivant avec le VIH/SIDA, garantir un accès équitable aux soins, lutter contre la stigmatisation et encadrer les responsabilités des acteurs publics et privés. Cette vision modernisée s’inscrit dans une dynamique inclusive et humaniste, en phase avec les ambitions de santé publique du pays.

Les échanges ont également mis en lumière le tableau épidémiologique actuel. Si le taux de prévalence chez les adultes de 15 à 49 ans est en baisse (0,7% en 2024), des disparités subsistent, avec des taux bien plus élevés dans certaines régions et populations clés. La Directrice-Pays de l’ONUSIDA a rappelé que, malgré des progrès notables — une baisse de 46% des nouvelles infections et de 55% des décès liés au SIDA entre 2010 et 2023 —, les objectifs internationaux restent encore hors de portée.

Les travaux de l’atelier, rythmés par trois communications et des débats nourris, visent à outiller les parlementaires pour qu’ils soient à la hauteur des enjeux.

New Zealand: Survey launches to find out how HIV criminalisation laws impact lives

New Zealand’s Outdated HIV Criminalisation Laws Need To Change

New Zealand is falling behind the rest of the world in decriminalising HIV. In Aotearoa people living with HIV can still be criminalised for not disclosing their status, even when there is no risk of transmission, creating barriers to the global goal of ending HIV transmission.

A new nationwide survey launched today is inviting people living with HIV in Aotearoa to share how the country’s outdated criminalisation laws and policies have affected their lives, as calls grow for urgent policy reform. The survey will also be assessing knowledge of the laws and public health pathways for managing HIV transmission.

Burnett Foundation Aotearoa, in partnership with Body Positive, Positive Women Inc and Toitū Te Ao, has launched the anonymous survey to gather insights from people living with HIV about how implementation of the current criminal laws, stigma, and public attitudes related to the management of HIV transmission have impacted their lives, wellbeing, and relationships.

“It is time that our laws and policies get up to speed with science, fairness, and human rights,” says Burnett Foundation Aotearoa Chief Executive Liz Gibbs. “Historically, we have been world leaders in our HIV response, but we are falling behind when it comes to how the law treats people living with HIV.”

“Criminalising people living with HIV doesn’t reduce transmission. It increases fear and stigma, which discourages people from testing and accessing treatment.”

Under the Crimes Act, it is a serious offence to deliberately infect someone with a disease—punishable by up to 14 years in prison—and HIV is the only condition this law is applied to.

Using a condom removes the legal need to disclose, but the law hasn’t been tested for people with an undetectable viral load, where there is zero risk of passing on the virus. New Zealand’s outdated legal system doesn’t reflect this scientific reality.

New Zealand among top HIV criminalisation hotspots

According to international research by the HIV Justice Network, New Zealand ranks among the top 15 HIV criminalisation hotspots in the world. There have been 10 criminal cases per 10,000 diagnosed individuals living with HIV. This places Aotearoa alongside countries like Canada, Russia, and the United States, despite its comparatively low HIV prevalence and small population.

“This kind of data shows how out of proportion our current response is,” says Gibbs. “It’s not just outdated, it’s excessive. And it targets some of the most marginalised and vulnerable people in our communities.”

Globally, HIV criminalisation has been shown to disproportionately affect people who already face systemic inequality, including those impacted by drug use, sex work, migration status, poverty, gender identity, and sexuality. Many prosecutions proceed even when no HIV transmission has occurred, often based on outdated ideas of risk.

Criminalisation a major barrier to HIV elimination

To meet the goals in New Zealand’s National HIV Action Plan and eliminate new transmissions, Gibbs says we must remove legal barriers that punish rather than support people living with HIV.

“We know what actually prevents transmission: testing, treatment, and education, not laws that scare people out of disclosing their status,” she says.

“We have an opportunity to lead the world again, but only if we listen to those most affected by our current legal framework.”

Have your say

The survey is open to anyone living with HIV in Aotearoa and takes around 10 minutes to complete. All responses are anonymous. The results will help shape future advocacy, inform legal reform, and improve access to health services.

Survey link: www.surveymonkey.com/r/NZHIVCRIM
More info: burnettfoundation.org.nz/hiv-criminalisation-survey

Mexico: Federal Health Ministry issues favorable opinion on HIV decriminalisation initiative

Jaime López celebrates the Ministry of Health’s favourable opinion to repeal the crime of ‘danger of contagion’ from the Federal Criminal Code

Translated with Deepl. Scroll down for original article in Spanish.

• The president of the Diversity Commission also reports on the 2025 LGBT Cup, with the participation of more than 2,000 athletes from across the country
• He announces that weddings and gender identity procedures will be held during the 47th LGBTTTIQ+ community march tomorrow, Saturday

Legislative Palace of San Lázaro, 27-06-2026.- Deputy Jaime López Vela (Morena), president of the Diversity Commission, welcomed the favourable opinion issued by the Ministry of Health (Ssa) to repeal the crime of ‘danger of contagion’ contained in the Federal Criminal Code, which has been criticised by UNAIDS, the international body that dictates policies for the Human Immunodeficiency Virus (HIV) AIDS pandemic.

At a press conference accompanied by Alejandro Pizano, director of Sexual and Gender Diversity in the state of Colima, and Almendra Negrete, national secretary for Sexual Diversity for Morena, as part of Pride Month activities, he recalled that UNAIDS has previously stated emphatically that this criminalisation further delayed positive results.
He therefore mentioned that in 2024 he presented an initiative to repeal the crime of ‘danger of contagion’ provided for in the Federal Penal Code, in order to end the criminalisation of people with sexually transmitted infections, such as the Human Immunodeficiency Virus (HIV) AIDS, which was endorsed by the Justice Commission.

‘Among the components needed to bring this initiative to the floor was the opinion of the Ministry of Health, and the good news is that yesterday, through the Legal Department of the Ministry, of the Federal Government led by President Claudia Sheinbaum, we received a favourable opinion, affirming that it is necessary to repeal this crime in order to allow for better care for the HIV pandemic.’

In addition, López Vela stressed that the proposal is part of the ‘new model of HIV care,’ developed in collaboration with the National Centre for the Prevention and Control of HIV/AIDS (CENSIDA).

On the eve of the 47th march of the LGBTTTIQ+ community, the deputy also reported on the 2025 LGBT Cup, with the participation of more than 2,000 athletes from across the country, and announced that weddings and gender identity procedures will be held during the march.

‘The Mexico City Government has provided a space for couples who wish to get married to do so (…) we are also going to sponsor a couple of friends who came expressly from Puerto Vallarta,’ he explained.
López Vela reiterated the commitment of the Diversity Commission and said, ‘here we are working with pride and dignity for equality and non-discrimination.’

Alejandro Pizano Gómez, director of Sexual and Gender Diversity Services for the state of Colima, highlighted the state’s progress in terms of inclusion.

‘Colima has been a national benchmark. When other states prohibited same-sex marriage, in Colima (…) thanks to our current governor, people were able to access this right,’ he said.

He recalled that in 2023, the crime of danger of contagion was repealed in the state, and he emphasised the comprehensive support provided to transgender people in their identity procedures. ‘Colima is the smallest state in Mexico, but it is the largest in cultural wealth (…) and above all, it is great because we are recognised in our diversity.’

For her part, Almendra Negrete Sánchez, Morena’s national secretary for sexual diversity, called on citizens to join the party’s contingent during tomorrow’s march:‘From this platform, I call on our representatives to march with the LGBTTTIQ+ community on 28 June to demand the rights and freedoms that have always been denied us,’ she said.

On another issue, López Vela condemned the events that took place in the Senate, where Senator Lili Téllez (PAN) verbally attacked members of the LGBTTTIQ+ community during a forum convened by Senator Alejandra Arias (Morena).

‘From the Chamber of Deputies, we tell Senator Lili Téllez that her actions do not surprise us. This is precisely how these intolerant groups, these disrespectful groups, these PRIAN groups act,’ he said.

The deputy denounced that, although some political actors appear to empathise with the community, their actions reveal the opposite. ‘They say they are very “gay friends”, but the truth is that when it comes to their votes and their interventions (…) it is very clear who they are. They don’t need to come out of the closet, they have lived outside the closet of intolerance.’

Celebra Jaime López opinión favorable de la Ssa para derogar el delito de “peligro de contagio” del Código Penal Federal

• El presidente de la Comisión de Diversidad informa también sobre la realización de la Copa LGBT 2025, con la participación de más de 2 mil atletas de todo el país
• Anuncia que se celebrarán bodas y trámites de identidad de género durante la 47 marcha de la comunidad LGBTTTIQ+, mañana sábado

Palacio Legislativo de San Lázaro, 27-06-2026.- El diputado Jaime López Vela (Morena), presidente de la Comisión de Diversidad, celebró la opinión favorable emitida por la Secretaría de Salud (Ssa) para derogar el delito de “peligro de contagio” contemplado en el Código Penal Federal, el cual ha sido criticado por ONU SIDA, organismo internacional que dicta las políticas de atención a la pandemia del Virus de Inmunodeficiencia Humana (VIH) Sida.

En conferencia de prensa acompañado de Alejandro Pizano, director de Atención a la Diversidad Sexual y de Género del estado de Colima y de Almendra Negrete, secretaria nacional de Diversidad Sexual de Morena, en el marco de las actividades por el Mes del Orgullo, recordó que ONU SIDA ha declaró anteriormente, de manera contundente, que esta criminalización retrasaba más los resultados positivos.

Por ello, mencionó que en 2024 presentó una iniciativa para derogar el delito de “peligro de contagio” previsto en el Código Penal Federal, a fin de acabar con la criminalización de las personas con infecciones de transmisión sexual, como el Virus de Inmunodeficiencia Humana (VIH) Sida, la cual fue avalada por la Comisión de Justicia.

“Entre los componentes que hacen falta para poder subir esta iniciativa al Pleno, se encontraba la opinión que debe verter la Secretaría de Salud, y la buena noticia es que el día de ayer, a través de la Dirección Jurídica de la Secretaría, del Gobierno Federal dirigido por la presidenta Claudia Sheinbaum, hemos recibido la opinión favorable, afirmando que es necesario derogar este delito, a fin de permitir una mejor atención a la pandemia del VIH”.

Además, López Vela destacó que la propuesta forma parte del “nuevo modelo de atención al VIH”, trabajado de la mano con el Centro Nacional para la Prevención y Control del VIH/SIDA (CENSIDA).

En la víspera de la 47 marcha de la comunidad LGBTTTIQ+, el diputado también informó sobre la realización de la Copa LGBT 2025, con la participación de más de 2 mil atletas de todo el país, y anunció que se celebrarán bodas y trámites de identidad de género durante la marcha.

“El Gobierno de la Ciudad de México ha dispuesto de un espacio para que aquellas parejas que deseen contraer matrimonio lo puedan hacer (…) vamos a apadrinar también una pareja de amigos que vinieron expresamente desde Puerto Vallarta”, detalló.

López Vela reiteró el compromiso de la Comisión de Diversidad y dijo “aquí estamos trabajando con orgullo y dignidad por la igualdad y la no discriminación”.

En su oportunidad, Alejandro Pizano Gómez, director de Atención a la Diversidad Sexual y de Género del estado de Colima, destacó los avances de la entidad en materia de inclusión.

“Colima ha sido un referente a nivel nacional. Cuando en otros estados se prohibía el matrimonio igualitario, en Colima (…) gracias a la que hoy es nuestra gobernadora, las personas pudieron acceder a este derecho”, relató.

Recordó que en 2023 se derogó el delito de peligro de contagio en la entidad, y subrayó el acompañamiento integral a personas trans en sus trámites de identidad. “Colima es el estado más pequeño de México, pero más grande en riqueza cultural (…) y sobre todo grande porque nos reconocen en nuestra diversidad”.

Por su parte, Almendra Negrete Sánchez, secretaria nacional de Diversidad Sexual de Morena, convocó a la ciudadanía a unirse al contingente del partido durante la marcha de mañana:

“Desde esta tribuna hago un llamado a nuestras representaciones para que este 28 de junio marchemos con la comunidad LGBTTTIQ+ en la exigencia de los derechos y libertades que nos han sido por siempre negadas”, expresó.

En otro tema, López Vela reprobó los hechos ocurridos en el Senado de la República, donde la senadora Lili Téllez (PAN) agredió verbalmente a integrantes de la comunidad LGBTTTIQ+ durante un foro convocado por la senadora Alejandra Arias (Morena).

“Desde la Cámara de Diputados le decimos a la senadora Lili Téllez que no nos extraña su actuar. Ese es el actuar justamente de estos grupos intolerantes, de estos grupos irrespetuosos, de estos grupos del PRIAN”, afirmó.

El diputado denunció que, aunque algunos actores políticos aparentan empatía con la comunidad, sus acciones revelan lo contrario. “Muy ‘gay friends’ dicen ellos, pero lo cierto es que al momento de sus votos y al momento de sus intervenciones (…) queda muy claro quiénes son. A ellos no les hace falta salir del clóset, han vivido fuera del clóset de la intolerancia”.

HJN’s Executive Director remarks to the
56th UNAIDS Board (PCB)

These remarks were made during the discussion of the proposed new Global AIDS Strategy (2026-31), the outline of which can be found here.

I’m the Executive Director of the HIV Justice Network, speaking on behalf of HIV JUSTICE WORLDWIDE, a coalition of community-led and community-based organisations working to end HIV criminalisation and related injustices.

Last June, I was a panellist during the Thematic Meeting on the Sustainability of HIV Response. You may recall that I highlighted that decriminalisation not only saves lives but it also saves money.

And so we welcome the direction of the new Global AIDS Strategy – especially Priority 2: People-focused – equity, dignity, and access, and Priority 3: Powered communities leading the HIV response, and the related results areas 6: End stigma and discrimination and uphold human rights and gender equality, and 8. Ensure community leadership.

But these priorities and results will remain aspirational unless they are backed by sustained, core funding for community-led networks.

Like UNAIDS itself, the HIV justice movement was born out of crisis, but it is sustained by hope. We know change is possible because we’ve seen it, even under the most difficult conditions. In fact, in just the past five years, 25 jurisdictions in 11 countries have repealed or revised their HIV criminalisation laws – motivated by everything from the futility of enforcement to the need to uphold privacy rights, recognise up-to-date science, and avoid harm to public health.

We have been making progress. But it is patently clear we cannot take any of that progress for granted. Communities, even if they and their organisations are criminalised, will continue to do much of the heavy lifting – reaching those who are excluded, challenging stigma and discrimination, and holding legal systems and governments accountable. That work takes time, trust, and skills – and it’s only possible when core funding is available to sustain expert teams and nurture leadership.

Global networks like ours are crucial in this ecosystem. With core, flexible funding – such as that provided by the Robert Carr Fund which has supported much of our work over the past decade – we support regional and national partners, strengthen the evidence base, build local advocacy capacity, and amplify community voices, including HIV criminalisation survivors. And we complement – not duplicate – Global Fund investments at the country level.

If we want a strategy that results in HIV justice, one that prioritises decriminalisation and is powered by communities, we must also continue to fund those communities that have brought us this far.