US: Arkansas’s outdated HIV laws fuel fear and deter people from getting tested and treated

Advocates call on Arkansas lawmakers to decriminalize HIV, fund treatment and prevention

As Arkansas tops another terrible list, this time as the state with the highest rate of HIV transmission, advocates are calling on Arkansas lawmakers to decriminalize the sexually transmitted disease and commit funding for prevention, treatment and education.

A coalition of people from community organizations including Central Arkansas Pride, Arkansas Rapps, Intransitive, Arkansas Black Gay Men’s Forum and Arkansas Queer Men United, along with several people living with undetectable HIV, gathered in the Old Supreme Court Room in the State Capitol before several Democratic state representatives on Monday.

Advocates argued that Arkansas’s HIV laws, which haven’t been updated since the 1980s, are outdated and create a culture of fear that prevents people from getting tested and treated for HIV. They asked lawmakers to commit $1.5 million from the state’s surplus of more than $367 million to HIV prevention, treatment and education.

Under Arkansas law, knowingly exposing another person to HIV is a Class A felony, punishable by up to 30 years in prison and a fine of up to $15,000. But critics like the Center for HIV Law and Policy say these woefully outdated laws are out of step with modern science, rooted in stigma and punish behavior that carries no or negligible risk of actually transmitting the disease.

With proper treatment, HIV can become undetectable in a person, meaning it can’t be transmitted to another person through sex, but Arkansas law doesn’t account for this.

“HIV criminalization laws like ours here in Arkansas are opposed by public health and national justice experts such as the National Alliance of State and Territorial AIDS Directors and the National Association of Criminal Defense Lawyers,” said Tian Estell, policy director of Intransitive. “We need to modernize and stop punishing people for having a virus.”

Tian added that “Black, transgender and non-binary individuals in the South are disproportionately impacted by HIV” due to other contributing factors like lack of housing, transportation and employment and limited or no access to healthcare.

“Discriminatory policies also generate and enhance stigma and fear, creating barriers to prevention and care,” Tian said. “Intransitive serves transgender people and migrants, and we’ve seen a rise in fear associated with HIV testing and disclosure of positive status”

HIV is a larger problem in Arkansas than in most states, and advocates argue our laws are only making it worse.

In 2019, the federal Health and Human Services Department started an initiative to end the HIV epidemic by 2030, identifying Arkansas as one of seven priority states where the burden of HIV is the highest.

“Arkansas continues to see new HIV diagnoses each year. In fact, Arkansas ranked number one in the highest increase of new HIV cases, seeing a roughly 67% spike since 2018,” said Raheem White, program director for Arkansas Rapps. “The burden does not fall equally. Black communities tend to carry a higher share of these diagnoses. Central Arkansas and parts of Northwest Arkansas show higher impact, while rural areas face a different challenge with fewer services and longer distances to care.”

Tommy Sproles, a community outreach organizer for Arkansas Rapps, said those numbers may not be representative of the full scope of cases in Arkansas, especially in rural areas.

“It’s a concern of ours that the numbers do not accurately reflect the real life experiences within those other parts of the state, such as the rural areas where we think that the numbers would be higher, but they’re going under-reported because of the lack of testing in those areas,” Sproles said. “As we’re talking about the data that we receive, what we’re basing our stuff on is the data that the Arkansas Department of Health actually receives, but that doesn’t even cover the full scope of everyone who is testing, if you’re not a clinic or a subcontractor for the Arkansas Department of Health, that data is not even being accumulated.”

Arkansas Rapps, for example, uses telehealth to connect people in Arkansas with testing, medication and preventative medicine like PrEP, which is up to 99% effective at preventing the transmission of HIV.

Advocates said criminalizing HIV and not funding its prevention costs Arkansas millions of dollars in both healthcare and incarceration.

“Pulaski County has the highest rate of HIV-criminalization arrests, with most other counties having only one or no arrests. This not only speaks to a disproportionate application of the law, but a significant waste of resources,” said Amber Kincade, a comprehensive prevention specialist with Engaging Arkansas Communities.

“According to data from the Arkansas Department of Corrections, from 2007 to 2023 the average sentence per count for the HIV-related convictions was 24 years. According to the fiscal year 25 Inmate Cost Report, the cost per incarcerated person a day was $74.46, which was a $4.03 increase from 2024. This means that a sentence of 24 years would cost the state roughly $652,272,” Kincade said. “The lifetime cost of treating HIV is estimated to be over $500,000. Therefore, for one case of a person living with HIV receiving such a sentencing, the cost will be over $1 million.”

Kincade added that Texas decriminalized HIV in 1994 and increased public health funding for prevention and testing.

“Texas has saved an estimated $500,000 in lifetime cost per case in HIV treatment,” Kincade said.

Sanjay Johnson, a man living with undetectable HIV, told lawmakers he was prosecuted in Pulaski County for knowingly transmitting HIV, despite the virus being undetectable in his system, in 2017.

“The language itself is damaging, because with that, people think that transmission actually occurred, which in my case was not the case. It never occurred at all,” Johnson said.

Johnson’s case lasted two years, and his lawyer got the charge reduced from a felony to aggravated assault with five years of probation. That’s despite Johnson’s medical records, which said he was undetectable, being shown in court, he said.

“You wonder why HIV is the only STD that someone can be charged for. Not gonorrhea, chlamydia, herpes, etc, etc. HIV is the only sexually transmitted disease that can be criminalized here,” Johnson said.

US: HIV Law reform bill moves forward in Louisiana legislature

Louisiana has one of the harshest HIV exposure laws. Lawmakers advanced a bill to modernize it.

A Louisiana House committee unanimously passed a bill that would increase protections for people living with HIV and align the law with the latest science.

A bill that seeks to tighten and modernize a state law against intentionally exposing another person to HIV is advancing in the Louisiana State Legislature.

The state’s intentional exposure law carries a penalty of up to 11 years in prison for a conviction. Currently, the law prohibits exposure “through any means or contact.” But doctors, public health researchers and advocates for people living with HIV say the broad language allows for people to be prosecuted for contact that can’t transmit the virus, such as biting, spitting or scratching..”

House Bill 808, which cleared the state House Committee on Administration of Criminal Justice on Wednesday (April 8), would maintain much of the existing law, including the penalties, but narrow and define the types of physical contact that could be considered criminal exposure to the virus.

If the bill passes, the law would be amended to prohibit contact that “posed a substantial likelihood of transmission.” That’s defined as contact with blood, semen, or vaginal fluid — the primary vessels for HIV transmission. Typically, HIV is transmitted through sex, sharing needles or from mother to child during pregnancy.

“This bill is about making sure Louisiana’s law is clear, fair, and grounded in current medical science while maintaining strong accountability,” Rep. Wayne McMahen, R-Minden, the bill’s author, told the House Administration of Criminal Justice Committee on Wednesday (April 8).

The bill is the latest effort to update Louisiana’s HIV law and align it with modern science over the past four years. Louisiana is one of a dozen states with laws specific to exposing or transmitting HIV.It’s also among the most punitive. People convicted under the law not only face potential prison time but are required to register as a sex offender for at least 10 years. After a decade, Louisiana allows people to petition to remove their names from the registry.

Public health experts maintain that state laws criminalizing HIV exposure hurt efforts to end the HIV epidemic. The laws further stigmatize and deter people from getting tested and treatment, undermining response to the epidemic, experts say.

Advocates say the broad nature of Louisiana’s current law also creates opportunities for abuse, as the threat of being reported under the law can be used as a coercive tool in relationships. Such threats have kept people in abusive relationships and loomed over child custody battles.

Dietz, the statewide coordinator for the Louisiana Coalition on Criminalization and Health, has helped lead the push to modernize the state’s HIV law.

“ We were asking for far less than we asked for last time,” said Dietz, whose group has put forward modernization bills similar to other states in the past. “ We don’t wanna see more people who are living with HIV severely criminalized for things that we know could never transmit HIV, and we want to protect people.”

In 2024, they worked with Rep. Aimee Freeman on a tabled bill that would have reduced the criminal penalties, added more exceptions and strengthened legal protection for defendants.

House Bill 808 would also explicitly allow people accused under the law to present their medical treatment for HIV as part of their defense.

Modern antiviral medical treatments prescribed to people living with HIV can also reduce the presence of the virus in their blood. With consistent use, the virus can’t be detected in a person’s blood, and therefore can’t be transmitted to anyone else.

The bill received unanimous support from the committee this week, but only after it was amended. The original version of HB 808 would have narrowed the law further to require the accused to have transmitted HIV, rather than simply exposing someone to the virus. The accused would also need to have specifically intended to transmit the virus.

But the Louisiana District Attorneys Association opposed the transmission requirement, McMahen said, so the language requiring intentional transmission was removed.

“At first I was a little disappointed that we went back to exposure,” McMahen said. “Some of the states around us have gone to intent to transmit, but I don’t think that’s where we’re at right now in our state.”

Louisiana District Attorneys Association Executive Director Zach Daniels said his organization was proud to work on updates to the HIV exposure law.

“We believe that this was a narrowly crafted and deliberate change which preserves protections for victims, while also expanding protections for criminal defendants,” Daniels said. “The changes strike a balance between those two interests while updating our language to better include modern medical understandings of HIV.”

Dietz agreed that the amended bill will still offer people living with HIV more protection for their medical condition than they’ve had in the past despite the changes. In the past year, Dietz has met more people living with HIV prosecuted under the law, including someone with HIV who served nine months in prison after giving oral sex. Because the bill does not criminalize sexual contact that carries very low or theoretical risk of transmission, exposure through oral sex would not be considered a crime, Dietz said.

“ HIV could never have been transmitted there,” Dietz said. “So this is a substantive move forward.”

Mexico: Proposal to repeal HIV criminalisation article in the State of Yucatan

Translated with Google translation. Scroll down for original article in Spanish.

Morena’s deputy, Clara Rosales Montiel, presented a reform initiative on public health and human rights, with the aim of eliminating discriminatory provisions and ensuring the comprehensive protection of people living with HIV.

The legislative proposal contemplates the repeal of article 189 of the Criminal Code of the State, so that the crime of “danger of contagion” is no longer considered. It also considers reforms and additions to the Law to Prevent and Eliminate Discrimination, in order to eradicate the criminalization of people living with the virus and strengthen an approach based on dignity, equality and human rights.

During her speech in the Tribune of the Plenary of the State Congress, Congresswoman Clara Rosales stressed that the criminalization of HIV in the Criminal Code responds to an obsolete punitive logic that, far from preventing its transmission, deepens the stigma, discourages the appropriate diagnosis and puts people’s lives at risk.

In that sense, he recalled that Yucatan remains among the entities with the highest incidence of HIV in the country, occupying the third place national, hence the importance of comprehensive care.

The initiative also proposes changes to the Law to Prevent and Eliminate Discrimination, modifying language to ensure respect for privacy, sexual orientation and gender identity of people living with HIV, as well as ensuring dignified treatment in all areas, including work and education.

During the session, the deputy was accompanied by representatives of civil society, activists, specialized organizations and people living with HIV, who supported this proposal from its wording to its presentation in the legislative campus.

Among them, the participation of the S3D A.C. Collective, the Digna Ochoa Research Center of the Human Rights Commission of the State of Yucatan (Codhey), members of the State HIV Committee and Dr. Dulce María Cruz, head of the HIV, AIDS, HCV and other STI Program in the entity.

Finally, Clara Rosales reiterated her commitment to promote reforms that guarantee substantive equality and non-discrimination, pointing out that the objective is to move towards a society where dignity is a daily practice and not an exception.

His initiative was joined by Deputy Julián Bustillos, from Morena; Deputy Itzel Falla, of the National Action Party; Deputy Larissa Acostó, of Citizen Movement; and partyless deputy Rossana Couoh Chan, reflecting plural support in favor of fairer and more inclusive legislation.

La diputada de Morena, Clara Rosales Montiel, presentó una iniciativa de reforma en materia de salud pública y derechos humanos, con el objetivo de eliminar disposiciones discriminatorias y garantizar la protección integral de las personas que viven con VIH.

La propuesta legislativa contempla la derogación del artículo 189 del Código Penal del Estado, para que se deje de considerar el delito de “peligro de contagio”. También considera reformas y adiciones a la Ley para Prevenir y Eliminar la Discriminación, con el fin de erradicar la criminalización de las personas que viven con el virus y fortalecer un enfoque basado en la dignidad, la igualdad y los derechos humanos.

Durante su intervención en la Tribuna del Pleno del Congreso del Estado, la diputada Clara Rosales subrayó que la criminalización del VIH en el Código Penal responde a una lógica punitiva obsoleta que, lejos de prevenir su transmisión, profundiza el estigma, desalienta el diagnóstico oportuno y pone en riesgo la vida de las personas.

En ese sentido, recordó que Yucatán se mantiene entre las entidades con mayor incidencia de VIH en el país, ocupando el tercer lugar nacional, de ahí la importancia de una atención integral.

La iniciativa también propone cambios a la Ley para Prevenir y Eliminar la Discriminación, modificando el lenguaje para garantizar el respeto a la privacidad, la orientación sexual y la identidad de género de las personas que viven con VIH, así como asegurar un trato digno en todos los ámbitos, incluidos el laboral y el educativo.

Durante la sesión, la diputada estuvo acompañada por representantes de la sociedad civil, activistas, organizaciones especializadas y personas que viven con VIH, quienes respaldaron esta propuesta desde su redacción hasta la presentación de la misma en el recinto legislativo.

Entre ellos, destacó la participación del Colectivo S3D A.C., el Centro de Investigación Digna Ochoa de la Comisión de Derechos Humanos del Estado de Yucatán (Codhey), integrantes del Comité Estatal de VIH y la Dra. Dulce María Cruz, responsable del Programa de VIH, Sida, VHC y otras ITS en la entidad.

Finalmente, Clara Rosales reiteró su compromiso de impulsar reformas que garanticen la igualdad sustantiva y la no discriminación, señalando que el objetivo es avanzar hacia una sociedad donde la dignidad sea una práctica cotidiana y no una excepción.

A su iniciativa se adhirieron el diputado Julián Bustillos, de Morena; la diputada Itzel Falla, del Partido Acción Nacional; la diputada Larissa Acostó, de Movimiento Ciudadano; y la diputada sin partido Rossana Couoh Chan, reflejando un respaldo plural en favor de una legislación más justa e incluyente.

US: Bill to remove HIV reference from Pennsylvania criminal law moves forward

HB632 Passed out of Committee!

The AIDS Law Project of Pennsylvania is proud to announce that a bill addressing HIV stigma has cleared the first hurdle to becoming law. Today the Pennsylvania House Judiciary Committee voted HB632 out of committee, moving it toward a full House vote, a Senate vote on companion bill SB647, and the Governor’s signature.

Along with coalition partners including PA HIV Justice Alliance, Positive Women’s Network, Girl U Can Do It Inc., Philadelphia FIGHT, Sero Project, and the Elizabeth Taylor AIDS Foundation, we are grateful to Rep. Ben Waxman for his vision to protect people living with HIV from stigma.

With thanks to Rep. Malcolm Kenyatta and Rep. Emily Kinkead for comments in support.

Pennsylvania is one of nine states that still punish people charged with prostitution more harshly if living with HIV. If the buyer, seller, or promoter has HIV, the prostitution charge is a felony, not a misdemeanor.

Pennsylvania’s HIV-related felony enhancement was enacted in 1995 and has never served an effective law-enforcement purpose. In more than 30 years since its enactment, it has rarely been charged, and no credible research links harsher penalties with a reduction in HIV transmission.

It is time for that to change by removing a relic that only stigmatizes people living with HIV and does nothing to protect public health.

We also appreciate the committee’s vote in support of HR393, designating Feb. 28, 2026 as “HIV is Not a Crime Awareness Day.”

It’s long past time to remove the only remaining reference to HIV in the Pennsylvania criminal code.

Pennsylvania is one of nine states that still punish people charged with prostitution more harshly if living with HIV. Prostitution is a misdemeanor in Pennsylvania, but if the buyer, seller, or promoter has HIV, they may be charged with a felony enhancement.

Misdemeanors carry lighter penalties, like fines, probation, or short jail time. Felonies are punished by longer prison sentences, fines, and other consequences like loss of voting rights or difficulty finding employment.

Pennsylvania’s HIV-related felony enhancement was enacted in 1995 and has never served an effective law enforcement purpose. In the 30 years since its enactment, it’s rarely been charged, and no credible research links harsher penalties with a reduction in HIV transmission.

Modernizing HIV laws is a popular bipartisan issue. Recent polling reveals that 88% of Pennsylvanians believe that people living with HIV should receive the health and treatment they need, rather than face criminal charges.

HB632 would remove the last reference to HIV in the criminal code.

Click here to sign on, support HB632, end HIV stigma.

Current Pennsylvania legislation

On February 20, 2025, Representative Waxman introduced HB632, and it was referred to the House Judiciary Committee. A Judiciary Committee hearing was convened on June 2, 2025. See below for more on the hearing.

On April 21, 2025, Senator Hughes introduced a companion bill SB647 and it was referred to the Senate Judiciary Committee. No further action has yet been taken on SB647.

These bills would remove the last reference to HIV in the criminal code and reduce the stigma fueling the HIV epidemic.

Join us for a Lunch & Learn on HB632 in Harrisburg on March 24, 2026. Click here for more Information.

How You Can Help

Join us for a Lunch & Learn on HB632 in Harrisburg on March 24, 2026
Sign on, support HB632, end stigma
Call your state representatives and share these talking points:
- Prostitution is a misdemeanor in Pennsylvania and most states — yet Pennsylvania is one of nine states that still punish people living with HIV more harshly than others charged with prostitution.
- Pennsylvania’s felony enhancement was enacted in 1995 and has never served an effective law enforcement purpose. In the 30 years since its enactment, it’s rarely been charged, and no credible research links harsher penalties for prostitution with a reduction in HIV transmission.
- Over time, the Pennsylvania legislature, like that of most other states, has modernized its criminal code by removing stigmatizing references to HIV. This modernization follows guidance from the American Medical Association, the American Bar Association, and other professional organizations, based on the facts of how HIV is transmitted.
- Recent polling reveals that 88% of Pennsylvanians believe that people living with HIV should receive the health and treatment they need, rather than face criminal charges.
- Only one reference to HIV in the Pennsylvania criminal code remains, and HB632 would remove it.
- Pennsylvania has laws to punish those who harm others. Punishing people solely because they are living with HIV reinforces stigma, discourages people from getting tested and treated, and fuels the epidemic.

History

The journey to remove the final reference to HIV in the Pennsylvania Criminal Code began in community conversations and evolved to the Pennsylvania legislature when in 2024, Senator Vincent Hughes and Representatives Ben Waxman and Malcolm Kenyatta introduced Senate and House bills respectively.

The bills were referred to the respective judiciary committee, but didn’t make it to a hearing before the session ended. The legislature recessed sine die, and bills that did not pass died.

Representative Waxman reintroduced the House bill, now HB632 on February 20, 2025 and Senator Hughes reintroduced a companion bill, now SB647 that was referred to the House Judiciary Committee. A Judiciary Committee hearing was convened on June 2, 2025. Testifiers (Andrea Johnson, Dr. Jay Kostman, Sean Strub, and Ronda Goldfein) spoke before the PA House Judiciary Committee on June 2, 2025 in support of HB632. You can watch a recording of the hearing here.

Mexico: New equality agenda in Tamaulipas includes major HIV law reform

Gender Identity Law and non-criminalization of HIV are promoted

CD. Victoria, Tamaulipas.- For the first time at a high-level interinstitutional table, LGBTQ+ community organizations and state authorities agreed to take concrete steps towards substantive equality in Tamaulipas, with legislative commitments that include the Gender Identity Law, the publication of the LGBTTTIQ+ People Recognition and Attention Act and the reform to eliminate HIV criminalization.

During the session, priority agreements were established to consolidate the legal framework for equality. Gender Identity Law: It was agreed to advance in its ruling and vote in plenary, considered fundamental to guarantee social inclusion and labor access to the trans population.

Law of Recognition and Attention: Its publication in the Official State Gazette was followed up, which will allow LGBTTTIQ+ people to have a legal framework for protection and comprehensive care.

Non-criminalization of HIV: The urgency of reforming the legal framework to eliminate provisions that criminalise those living with HIV was addressed, promoting a public health and human rights approach.

One of the most relevant results was the confirmation of the installation of the State COESIDA in Ciudad Victoria, under the rectorate of the Ministry of Health. This organization will coordinate a multidisciplinary team to improve the infrastructure and services of CAPASITS in Tamaulipas, strengthening the care of people with HIV and other sexually transmitted infections.

The agenda also includes the incorporation of human rights technologies and approaches to ensure that public policies are aligned with the Sustainable Development Goals.

“This teamwork shows that Tamaulipas is moving steadily towards substantive equality,” said Ana Karen López Quintana, president of the convening organization.

Cd. Victoria, Tamaulipas.- Por primera vez en una mesa interinstitucional de alto nivel, organizaciones de la comunidad LGBTQ+ y autoridades estatales acordaron dar pasos concretos hacia la igualdad sustantiva en Tamaulipas, con compromisos legislativos que incluyen la Ley de Identidad de Género, la publicación de la Ley de Reconocimiento y Atención de las Personas LGBTTTIQ+ y la reforma para eliminar la criminalización del VIH.

Durante la sesión se establecieron acuerdos prioritarios para consolidar el marco jurídico de igualdad. Ley de Identidad de Género: Se pactó avanzar en su dictaminación y votación en pleno, considerada fundamental para garantizar inclusión social y acceso laboral a la población trans.

Ley de Reconocimiento y Atención: Se dio seguimiento a su publicación en el Periódico Oficial del Estado, lo que permitirá que las personas LGBTTTIQ+ cuenten con un marco legal de protección y atención integral.

No criminalización del VIH: Se abordó la urgencia de reformar el marco legal para eliminar disposiciones que criminalizan a quienes viven con VIH, impulsando un enfoque de salud pública y derechos humanos.

Uno de los resultados más relevantes fue la confirmación de la instalación del COESIDA Estatal en Ciudad Victoria, bajo la rectoría de la Secretaría de Salud. Este organismo coordinará un equipo multidisciplinario para mejorar la infraestructura y servicios de los CAPASITS en Tamaulipas, fortaleciendo la atención a personas con VIH y otras infecciones de transmisión sexual.

La agenda también incluye la incorporación de tecnologías y enfoques de derechos humanos para garantizar que las políticas públicas se alineen con los Objetivos de Desarrollo Sostenible.

“Este trabajo en equipo demuestra que Tamaulipas avanza con paso firme hacia la igualdad sustantiva”, afirmó Ana Karen López Quintana, presidenta de la organización convocante.

Benin: UNAIDS welcomes Benin’s new, pioneering HIV legislation

Benin adopts positive new law on HIV prevention, care and elimination of stigma and discrimination

UNAIDS welcomes the passing into law by the President of Benin Patrice Talon of Law 2026-02 on 9 February 2026. The law focuses on HIV prevention and management of care and will accelerate progress towards ending AIDS in the Republic of Benin.

The new law is the culmination of a process first initiated in 2013 and which resumed in 2020 under the leadership of the Health Program for the Fight against AIDS (PSLS). This revision was made due to the significant limitations of the 2006 law, namely that it was based on a punitive, coercive and stigmatizing approach.

The previous law was incompatible with human rights standards, allowed for numerous violations of confidentiality, criminalized HIV-related behaviors and reinforced the marginalization of key populations. The law was out of step with good public health practices which should be based on prevention, inclusion and respect for human rights.

The 2026 law is now aligned with international human rights standards and more specifically reaffirms the right to non-stigma and non-discrimination. It enhances privacy and data protection, ensures access to HIV care and prevention and services and recognizes key populations including sex workers, men who have sex with men, people who inject drugs, transgender people, migrants and prisoners among others. It improves prisoners’ rights significantly and reduces criminal provisions against people living with HIV by recognizing the strictly voluntary nature of disclosing HIV status.

“The journey to validating Benin’s HIV Law was powered by strong country leadership, exceptional UNAIDS–UNDP collaboration, unwavering support from the UN Regional Coordinator, close technical follow-up with the Ministry of Health, catalytic funding from UNAIDS, UNDP and Expertise France, and close involvement of parliamentarians — turning evidence into political will and political will into transformative legislation’’ said Yayé Diallo, outgoing UNAIDS Country Director for Togo and Benin.

The progress is the result of coordinated advocacy and collaborative partnership actions at all levels involving the UNAIDS Executive Director Winnie Byanyima, who made it a priority of her visit to Benin in September 2024.

UNAIDS Regional Office, the global HIV Legal Network and UNDP provided technical support. The Global Fund and Expertise France provided financial support and the combination of the efforts of various stakeholders at the local level, namely the PSLS, the CNLS-TP(Conseil National de Lutte contre le VIH/Sida, la Tuberculose, le Paludisme, les Hépatites, les Infections Sexuellement Transmissibles et les Épidémie), the parliament and its institutions (IPaB – Institut Parlementaire du Bénin), the caucus of women parliamentarians and parliamentary committees), civil society organizations including networks of people living with HIV and key populations. With this new law and rigorous monitoring of its application, Benin is resolutely committed to its march towards the ending AIDS by 2030.

“UNAIDS, the UN Country Team, and partners including Expertise France applaud Benin’s political resolve and its new, pioneering HIV legislation. By centering the law on vulnerable groups and youth who account for 35% of new infections, Benin is taking a giant leap towards universal access to HIV treatment and the ultimate goal of ending AIDS as a public health threat by 2030.” said Christian Mouala, Representative and Director of the UNAIDS Multi-Country Office for Côte d’Ivoire, Togo, and Benin.

New Zealand: Undetectable yet prosecutable, study highlights the need for law reform

Momentum for change on HIV criminalisation

A study of people living with HIV has revealed that despite advances in HIV treatment, criminalisation continues to create uncertainty and distress, with 60% of people living with HIV fearing legal consequences and many avoiding relationships altogether.

The full study and its findings will be released at a public event on 27 February at 3 pm at the Ellen Melville Centre in Auckland, by Positive Women, Body Positive, Toitū te Ao and Burnett Foundation Aotearoa.

The study surveying 247 people living with HIV in New Zealand, highlights the urgent need for rules and practice to align with modern HIV science. Over half of participants reported anxiety about legal consequences, particularly around disclosing HIV or discussing sexual practices with healthcare service providers.

“This shows that people living with HIV want to see HIV transmission managed by Public Health authorities, and not the Police. We have one of the highest rates of HIV criminalisation per capita globally, with at least 14 prosecutions since 1993,” says Liz Gibbs CEO of Burnett Foundation Aotearoa.

“The Government’s decision to sign the U=U Call to Action at Big Gay Out 2026 is a great first step in bringing New Zealand into line with overseas best practices on how to manage HIV.”

U = U stands for Undetectable = Untransmittable (U=U). It means that a person living with HIV who is on effective treatment and maintains an undetectable viral load cannot transmit HIV to sexual partner(s).

New Zealand: Government backs U=U, opening door to reform of HIV non-disclosure laws

Burnett Foundation Aotearoa welcomes the Government’s decision on U=U

Associate Health Minister Doocey’s decision to sign the U=U declaration today is a critical step on the road towards zero locally acquired HIV transmissions in Aotearoa New Zealand.

“The U=U message helps increase testing, treatment adherence, and viral suppression rates, but most importantly, it increases the confidence and dignity of people living with HIV. It’s proof that science and compassion walk hand in hand,” says Liz Gibbs, CEO of Burnett Foundation Aotearoa.

This decision makes New Zealand the 5th country to sign the multinational U=U Call to Action, behind Australia, Canada, the USA, and Vietnam.

“Currently people living with HIV may face prosecution under the Crimes Act for HIV non-disclosure to their sexual partners (unless they are using a condom), even if they are on treatment with an undetectable viral load and therefore pose zero risk of transmission. With the Government’s official endorsement of U=U, it gives the Police, Courts and government departments the backing required to modernise outdated guidelines and policies, so they are in-keeping with the latest science.” says Gibbs.

This is a significant step forward that many across the HIV and sexual health community have been advocating for several years, and we are thrilled to see it finally come to pass.

Mexico: Colima Congress calls on federal lawmakers to repeal “danger of contagion” crime

Congress urges to eliminate the crime of “danger of contagion” from the Federal Criminal Code

Translated with AI. Scroll down for original article in Spanish

The State Congress approved by a majority a point of agreement to urge the Federal Chamber of Deputies to repeal the crime of “danger of contagion” of the Federal Criminal Code, considering it a discriminatory, stigmatizing legal figure and contrary to the human right to health.

The proposal was presented in the forum by Deputy Alfredo Álvarez, who argued that this type of crime, originally incorporated in 1949 and expanded in 1991, criminalizes the health condition of people, particularly those living with HIV, without the need to prove real damage or the effective transmission of a disease.

During his speech, the legislator pointed out that this figure violates fundamental principles such as equality before the law, proportionality and non-discrimination, in addition to promoting social stigma and generating barriers to access to health services.

The approved exhortation is based on the position of various national and international organizations, including UNAIDS, which has warned that the criminalization of HIV does not prevent contagion and, on the contrary, discourages diagnosis and timely treatment; as well as the Ministry of Health, which has pointed out that this crime revictimizes people living with HIV.

Pronouncements of Conapred, the National Commission on Human Rights (CNDH) and COPRED are also cited, which agree that the crime of danger of contagion has a stigmatizing character and must be eliminated to guarantee a public health policy based on human rights and scientific evidence.

Álvarez Ramírez recalled that entities such as Mexico City, Colima, Nayarit, San Luis Potosí, Aguascalientes and Baja California have already repealed or do not contemplate that crime in their criminal codes. He also stressed that on February 18, 2025, the Justice Committee of the Chamber of Deputies approved an opinion to eliminate this figure from the federal level.

With this agreement, the Colimense Congress specifically urges to reform articles 60 and 315, as well as to repeal Article 199 Bis of the Federal Criminal Code, moving towards a legal framework that protects health without criminalizing or stigmatizing.

“Legislating from the human rights implies abandoning punishment as a health policy and building laws based on scientific evidence and human dignity,” said Deputy Alfredo Álvarez at the end of his speech.

Exhorta Congreso a eliminar delito de “peligro de contagio” del Código Penal Federal

El Congreso del Estado aprobó por mayoría un punto de acuerdo para exhortar a la Cámara de Diputados federal a derogar el delito de “peligro de contagio” del Código Penal Federal, al considerarlo una figura jurídica discriminatoria, estigmatizante y contraria al derecho humano a la salud.

La propuesta fue presentada en tribuna por el diputado Alfredo Álvarez, quien argumentó que ese tipo de delito, incorporado originalmente en 1949 y ampliado en 1991, criminaliza la condición de salud de las personas, particularmente de quienes viven con VIH, sin que sea necesario demostrar un daño real o la transmisión efectiva de una enfermedad.

Durante su intervención, el legislador señaló que esa figura vulnera principios fundamentales como la igualdad ante la ley, la proporcionalidad y la no discriminación, además de fomentar el estigma social y generar barreras para el acceso a servicios de salud.

El exhorto aprobado se sustenta en la postura de diversos organismos nacionales e internacionales, entre ellos ONUSida, que ha advertido que la criminalización del VIH no previene contagios y, por el contrario, desincentiva el diagnóstico y el tratamiento oportuno; así como la Secretaría de Salud, que ha señalado que ese delito revictimiza a las personas que viven con VIH.

También se citan pronunciamientos de la Conapred, la Comisión Nacional de los Derechos Humanos (CNDH) y COPRED, los cuales coinciden en que el delito de peligro de contagio tiene un carácter estigmatizante y debe ser eliminado para garantizar una política de salud pública basada en derechos humanos y evidencia científica.

Álvarez Ramírez recordó que entidades como Ciudad de México, Colima, Nayarit, San Luis Potosí, Aguascalientes y Baja California ya han derogado o no contemplan ese delito en sus códigos penales. Asimismo, destacó que el 18 de febrero de 2025, la Comisión de Justicia de la Cámara de Diputados aprobó un dictamen para eliminar esta figura del ámbito federal.

Con ese acuerdo, el Congreso colimense exhorta específicamente a reformar los artículos 60 y 315, así como a derogar el Artículo 199 Bis del Código Penal Federal, avanzando hacia un marco jurídico que proteja la salud sin criminalizar ni estigmatizar.

“Legislar desde los derechos humanos implica abandonar el castigo como política de salud y construir leyes basadas en evidencia científica y dignidad humana”, expresó el diputado Alfredo Álvarez al cierre de su intervención.

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.