Canada: Government to seek input on how to modernize the criminal justice system’s response to HIV non-disclosure

Liberals to launch consultations on criminal justice response to HIV non-disclosure

OTTAWA – The Liberal government plans to launch consultations this October on the criminal justice system’s response to HIV non-disclosure.

Justice Minister David Lametti made the commitment as he met interested parties this week in the lead-up to the International AIDS Conference in Montreal on the weekend.

The consultations will seek input on how to modernize the criminal justice system’s response to the non-disclosure of HIV status, in light of growing scientific evidence related to the risk of sexual transmission of HIV, the virus that causes AIDS.

As the law is currently written, people who do not disclose their HIV status before having sex can be prosecuted for aggravated sexual assault, the most serious type of sexual offence in the Criminal Code — even in cases where there is little to no possibility of transmission, no intent to transmit and no actual transmission.

The way the law is enforced is “extremely punitive and overbroad,” said India Annamanthadoo, a policy analyst with the HIV Legal Network, noting advocates are aware of more than 200 cases being prosecuted since 1989.

Annamanthadoo said in an interview that the consultation is a good first step by the federal government, but it is not enough.

“We need to act swiftly and urgently,” she said. “So what we’re hoping is that this consultation is not going to be something that’s protracted, but rather something that leads to swift legislative reform.”

The Canadian Coalition to Reform HIV Criminalization, of which the HIV Legal Network is a part, said in a statement Wednesday that the government must recognize “we are not starting from scratch.”

US: Indiana legislators to meet this autumn to study for the first time the state’s HIV laws

Study committee to review Indiana’s HIV laws

Indiana legislators will meet this fall to study for the first time the state’s laws concerning HIV.

Current scientific knowledge has resulted in existing laws being outdated, critics say.

Human immunodeficiency virus, or HIV, was first officially reported in the United States in the early 1980s. The virus attacks the body’s immune system. If left untreated, HIV can lead to acquired immunodeficiency syndrome, or AIDS.

During the early years of the epidemic, information was scarce and often incomplete, particularly among the general public. And back then, there were no effective treatments for the virus.

In a letter earlier this year to House Speaker Todd Huston, a group of lawmakers wrote that states – including Indiana – “enacted HIV-specific criminal laws based on the perception of HIV at the time.”

The legislators characterized it as “a time of fear and stigma,” and many commonly held beliefs in the latter decades of the 20th century are now known to be inaccurate.

State Rep. Ed Clere, one of 16 legislators who signed the letter, said a group of lawmakers wrote a similar letter last summer, but that effort went nowhere.

That could all change as early as next year after Huston assigned the Interim Study Committee on Corrections and Criminal Code to review the laws governing HIV. The review will include “provisions related to biting, spitting, donating organs and donating blood.”

Existing HIV laws

Dr. Carrie Foote, chairwoman of the state’s HIV Modernization Movement, has long advocated for changes to Indiana’s criminal and public health codes.

The professor of sociology at Indiana University–Purdue University Indianapolis has been living with HIV since 1988 – the same year Indiana first enacted one of the statutes she hopes to see changed.

That 1988 law makes it a felony for a person living with HIV to donate bodily fluids, including blood, semen and plasma.

The Indiana Region of the American Red Cross said the organization carefully follows FDA guidelines for blood collection and testing.

“There is a patchwork of laws in the U.S. concerning disclosure of HIV status when presenting to donate blood. A small number of states criminalize such behavior, but most do not,” the nonprofit said in a statement. “Furthermore, criminalization is not an FDA-required measure. Therefore, the Red Cross does not rely on HIV criminalization statutes to protect the blood supply due to inconsistent laws.”

Some other laws enacted later are similarly outdated, Foote said. Those include HIV-related enhancements in the state’s malicious mischief statute determining punishments for exposing people to bodily fluids.

Another criminal law adds enhancements to previously existing state statute on battery, which makes it a misdemeanor when a person “in a rude, insolent, or angry manner places any bodily fluid or waste on another person” – basically, for spitting on someone.

However, that charge is enhanced to a felony if the perpetrator is living with HIV, hepatitis or tuberculosis. It’s further enhanced if a person living with HIV spits on a public safety official.

In effect, those enhancements can add years to the sentencing range for a person who is living with HIV – even though scientists now know HIV cannot be transmitted through saliva.

Foote believes people living with HIV are punished too harshly solely based on those laws.

Michael Moore, assistant executive director of the Indiana Public Defenders Council, said those sentencing enhancements apply if a person “knew or should have known” their HIV status.

Foote thinks some people living with HIV believe they can avoid such enhancements by remaining unaware of their HIV status. As a result, she said, “take the test and risk arrest” is a common mindset as a lack of knowledge can serve as a defense against Indiana’s HIV laws.

“Stigma keeps people from getting tested, keeps people from getting into care,” Foote said. “These laws that remain on the books from the ’80s and the ’90s in the early years, not one study has shown that they have any kind of prevention benefit.”

Foote also criticized the state’s laws requiring people living with HIV to disclose their status before engaging in sexual activity or sharing needles. The existing statute results in the criminal justice system viewing people as “guilty until proven innocent” when charged under those disclosure laws, she said.

Foote believes the burden is on the defense to prove innocence in HIV disclosure cases.

“Whereas, normally in criminal law,” she said, “you’re innocent until proven guilty.”

Fighting the stigma

Jeff Markley serves as executive director of the Positive Resource Connection, a local service organization which provides case management, prevention and education services for HIV, AIDS, hepatitis and other diseases in northeast Indiana.

He said changes to the state’s HIV laws are “long overdue” and that existing codes “don’t match the current science.”

“If you’re not … able to transmit the virus” through various outlawed acts, Markley said, “then the laws need to be changed to reflect that so that you’re not charged with something that is just not a real threat to anyone.”

Along with newer scientific knowledge about the virus, modern medical advances have significantly changed the outlook for people living with HIV.

“For someone who’s newly diagnosed today, with effective treatment they can live just as long as anybody without HIV. Life expectancy is the same, is normalized with treatment,” Foote said. “We also know that not only does treatment keep us alive and well, treatment is also prevention.”

Foote calls this U=U, or undetectable equals untransmittable. According to the National Institutes of Health, new research shows people with an undetectable viral load cannot sexually transmit HIV.

“Even things that might transmit HIV, like certain sexual behaviors and acts, when we’re treated, we essentially become unable to transmit the virus,” Foote said. “It’s almost like a functional cure in a way.”

Despite scientific advances, Foote said the stigma surrounding HIV still discourages people from getting tested.

“When you know your status, we can get into care, we can get on treatment,” Foote said. “We know that treatment is prevention. We need people to get tested if we want to end the epidemic.”

Markley said people still fear disclosure – even though there is less stigma around HIV than there was 30 years ago.

“People still have a fear about what might happen if they would disclose their status,” Markley said. “From an epidemiological standpoint, with very few (exceptions), there’s really not a need for anybody to disclose their status.”

He said people living with HIV haven’t forgotten the 1980s and 1990s: “the prejudice and the hate and the discrimination that occurred.”

“You’re always going to have some pockets of individuals who are not as informed or can’t quite wrap their head around all of the science and the information,” Markley said. “Sometimes they tend to be pretty loud and vocal and can make things difficult for other individuals.”

Looking forward

Since 2018, Rep. Clere has introduced multiple bills addressing HIV and the Indiana code. Some have passed, including House Bill 1340 in 2021.

That bill eliminated “stigmatizing language” from the code, Foote said. The new version uses “people first language” – for example, changing the wording from “carriers” to “people living with” HIV or other communicable diseases.

This year, though, a bill to remove HIV-related sentencing enhancements and repeal laws prohibiting people living with HIV from donating bodily fluids died in the House after making it out of committee.

This year’s study committee could be a turning point, Foote said. The fast-paced and brief regular session at the statehouse often leaves little time for in-depth discussion – particularly about HIV, a topic many legislators don’t have extensive knowledge about.

“There’s very little time to talk to the legislators,” Foote said, “to explain to them, ‘Here’s what we’re doing … Things have changed around HIV; we’re not in the 80s anymore.’ ”

The study committee will provide more of an opportunity to bring in experts and educate lawmakers, she said. Clere said the committee will allow for more extensive testimony on HIV.

“It’s exactly the sort of thing that we should be studying in the interim study process,” he said. “(It) offers an opportunity to take a more measured and thoughtful look at issues.”

Clere hopes the committee will help dispel outdated ideas about HIV.

“I’m optimistic that the study process will help address the fear and stigma, the stereotypes and the misinformation … and really get everyone up to speed on the science,” he said.

The Modernization Movement’s ultimate goal is to repeal and replace the state’s old HIV laws. Foote said any new statutes should not be based on HIV status. Instead, she said, they should incorporate the idea of intent and the possibility of harm.

“We’re not saying anyone that goes out and intentionally tries to harm another person – yeah, they should be tried just like anyone else who attempted to harm somebody in any other way,” Foote said. “But right now, the way these laws are written in Indiana, they don’t take that into account.”

She’s “extremely optimistic” about the possibility of a modernization bill passing during next year’s legislative session. Foote views it as a bipartisan issue. Although some lawmakers might be initially hesitant, she hasn’t seen strong opposition to the changes.

“Going into the next session, particularly because we have this study session, we’re going to make a lot of headway there,” Foote said. “So when we do go in, folks will understand a little bit better, and we’ll have more people (saying), ‘Yeah, we fully support that. Let’s move these forward.’ ”

Argentina: New HIV and STI law approved

Senate signed comprehensive HIV response into law

Automated Google translation – Scroll down for original article in Spanish

The bill was approved with 60 votes in favor and only 1 against. It also includes Viral Hepatitis, other Sexually Transmitted Infections and Tuberculosis. It repeals Law 23,798 that had been sanctioned in 1990.

The Chamber of Senators signed into law this Thursday the Comprehensive Response to HIV, Viral Hepatitis, other Sexually Transmitted Infections and Tuberculosis project that repeals the current rule 23,798 sanctioned in 1990. The initiative obtained 60 votes in favor and only one against the Senator Humberto Schiavoni, head of the Pro bloc.

The new president of the Health Commission, Pablo Yedlin from Tucuman, opened the round of speakers by stating that it is a “very important” issue that “has an old legislative history with a disease that is quite modern and that the HIV law that governs , it was historic because it allowed at a very hard time because we did not have many tools for treatment, to prevent vertical transmission from mothers to children, we did not have tools to cure this disease and many died from it.

Regarding the current law, he pointed out that “after 30 years it has aged well, it is very important, and it allowed patients who live with the virus to have access, from the State, to their treatments and it was a pioneering law in the world and without doubt in the region.

Along these lines, he thanked the civil organizations that “throughout Argentina have been fighting an important battle in search of their rights, to obtain this new law, which sometimes cost them to arrive, such as tests, condoms, over the years.”

“It is estimated that there are 140,000 people who live with the virus, 17% of this number are unaware of the diagnosis, perpetuating the cycle of infections. Unfortunately, 30% of the patients who are diagnosed do so in the late period of the disease and this makes treatment difficult. 65% are treated in the public sector,” described Yedlin and thanked the public health system that “takes care of serious health problems.”

And he continued: “4,500 cases are diagnosed per year with a rate of 11 per 100 inhabitants and the mortality rate from AIDS is getting lower and lower, and today it is declining at 2.8 per 100,000 inhabitants”, but he pointed out that “it is not the same in all the provinces because the AIDS mortality rate shows severe inequities in the country, that is why we must continue working on regulations that allow the country to be more equitable”.

“This law was worked on in consensus with all the political blocs”, highlighted the man from Tucuman and lamented that he lost “three times he lost parliamentary status and had to be represented”. Likewise, he compared the new initiative with the current law: “It is not only a law for HIV, but also for other sexually transmitted diseases that suffer some type of neglect, such as hepatitis B, which are very expensive to treat and are incorporated to have the same right”.

And he continued: “It is a law that, in addition to declaring the treatment in a national public way, the diagnosis is also declared by the development, the research, the medicines. It gives a comprehensive response, new combined methods”.

“We are making a law so that all patients can have access to a special retirement system that will allow those who age prematurely, with 50 years and 20 years of contributions, to access a retirement system. Those patients who have the virus or hepatitis B or C will have access to a non-contributory lifetime pension and are socially vulnerable. This law creates a National Monitoring Commission made up of different ministries and civil society”, explained the man from Tucuman and closed: “ It is a law that tries to overcome political cries and we all agree that patients deserve rights and we are doing justice for the law to materialize ”.

In his turn, the vice president of the Health Commission, Mario Fiad from Jujuy , advanced his positive vote because “this law came to update the current Law that has been in force for many years and that has the addition of including viral hepatitis B and C, other sexually transmitted infections and tuberculosis from a human rights perspective”.

However, he considered that “we are arriving late” because “we do not need these laws to know that the universe of these people who are affected by these pathologies have their enshrined rights.”

“Estamos legislando sobre temas ya legislados y, sobre todo, lo que es indiscutiblemente obligatorio e imperativo del Estado, y por eso nos surgen interrogantes ¿por qué no se logran hacer operativos todos esos derechos? ¿por qué razón los Diputados tenían que considerar necesario incluir un capítulo de sanciones en la Ley de VIH y Hepatitis tuberculosis para que la ley sea vigente y no tenga posibilidades de trabajar, ¿por qué no se cumple con la tarea de fiscalización y monitoreo por parte del Poder Ejecutivo para hacer que se cumpla la norma? por que los pacientes recurren cada vez más a la justicia para que, por vía de amparo, tengan el cumplimiento de las leyes”, explayó con críticas Fiad.

In addition, he questioned that “we have a universe of health laws that are not complied with” and pointed out the time it takes to regulate. “This has to call us to reflection, we have to monitor health regulations to be able to evaluate compliance,” she said.

In her speech, Silvina García Larraburu (FdT) from Rio Negro said: “We will be closing the day with a fairer, more equitable, more egalitarian country, without a doubt all the projects are very important and fundamental for a large number of people who They are militating and working to achieve the best project”

In turn, he said that he has been presenting initiatives since 2016 and mentioned that the project was worked on with more than 50 organizations. “The national AIDS law was a pioneer at the time, but after more than 30 years it needed a change because the health paradigm of human rights, in every sense, needed modernization. It had content that turned out to stigmatize you”, and compared that “the new law has a focus on human rights and a gender perspective. This legislation is going to be a model to imitate and one of the best legislations in the world”.

Tucuman Sandra Mendoza (FdT) described that “this law is a historical reparation to all the people who suffered and continue to suffer discrimination, stigma, fear and ignorance about HIV. It is a law that will dignify and save lives to have a fairer and more supportive Argentina”.

The project

Through the new law, Law 23,798, which had declared the fight against AIDS of national interest, and was sanctioned in 1990, is repealed.

In addition to HIV, the new law incorporates viral hepatitis, tuberculosis and sexually transmitted infections (STIs).

According to the text, “comprehensive and intersectoral response” and universal and free coverage of comprehensive assistance -medicines, supplies, vaccines, treatments, etc- are foreseen.

The rule prohibits the performance of the diagnostic test in pre-employment medical examinations, as well as during the course and as part of the employment relationship.

Nor can any educational institution, public or private, request it as a requirement for entry, permanence, promotion or for access to scholarships.

The diagnostic test will be voluntary, only with the consent of the person; free in all health subsystems; confidential; universal; and carried out with due individual advice before and after the test.

On the other hand, an exceptional early retirement is established for people with HIV and/or hepatitis B and/or C, which can be accessed from the age of 50, with proof of 20 years of contributions and 10 years after the diagnosis has elapsed. Retirement will be incompatible with those who have a job in a dependency relationship.

Likewise, a non-contributory lifetime pension is created for those who are in a situation of social vulnerability.

Among other points, the law states that every woman and/or person with the capacity to gestate must receive the necessary health information, related to their health, as well as that of their child, both during pregnancy and postpartum.

Also, every child born to a woman or person with the ability to gestate with HIV and/or Hepatitis B or C will have the right to free access to formula milk during the first 18 months.

The new law can be viewed here

 

Uganda: Final arguments in landmark case challenging HIV criminalisation law to be made within a week

Uganda Constitutional Court gives activists seven days to file final arguments in HIV criminalization suit

The Constitutional Court of Uganda gave plaintiffs seven days from June 7 to file their final arguments in a landmark case challenging sections of the HIV/AIDS Prevention and Control Act 2014 that criminalize HIV transmission and require disclosure of one’s serostatus to sex partners.

The Uganda Network on Law Ethics and HIV/AIDS (UGANET), leading a coalition of more than 50 civil society organisations, is challenging the HIV/AIDS Prevention and Control Act 2014 which they allege is discriminatory and an impediment to the fight against AIDS. Their petition was originally filed in 2016 and has been stalled in the court system for close to seven years.

Francis Onyango, lawyer for the petitioners, told RightsAfrica Tuesday in Kampala that the parties will have to wait further the ruling after final arguments are made.

Among the controversial provisions in the Act are mandatory HIV testing for pregnant women and their partners, and allowing medical providers to disclose a patient’s HIV status to others without consent.

The law also criminalizes HIV transmission, attempted transmission, and behavior that might result in transmission by those who know their HIV status. Ugandan LGBTQI+ rights activists filed petitions to the Ugandan Parliament when the the bill was being considered.

Female sex workers also see the law as a hinderance to the fight against HIV because they are wrongly believed to harbor intentions to spread HIV to their clients. Sex work is illegal in Uganda, despite a spirited fight by activists for decriminalization.

Mandatory HIV testing and the disclosure of medical information without consent are contrary to international best practices and violate fundamental human rights, the petitioners say. They also argue that criminalization of HIV transmission is overly broad and difficult to enforce.

They argue that the act is being used by state agencies as a tool of discrimination and humiliation. LGBT people have complained of forced anal examinations in recent arrests as part of mandatory HIV tests when they are in police custody. Many human rights organisations have called the law flawed and deeply troubling, and in contradiction of science and human rights.

Uganda is currently bidding to host the Society for AIDS in Africa’s (SAA) 2023 International Conference on HIV/AIDS and STIs in Africa (ICASA 2023).

Among the requirements for potential ICASA host countries, SAA demands that host countries have no discriminatory government policies based on gender, HIV status and religion.

 

Uganda: Legal Environment Assessment recommends changes to the penal code to address HIV and sex work criminalisation, stigma, discrimination and gender-based violence

Ugandan Laws Constraining Fight against HIV/AIDS – Report

 

A report titled “Legal Environment Assessment (LEA) for HIV/AIDS in Uganda” released by the Uganda AIDS Commission on Friday has revealed that some Ugandan laws, regulations and policies constrain effective HIV response in the country.

The Report is based on data collected during the period of July 2021 to February 2022.

The main objective of the Report was to assess the extent to which existing laws, regulations, and policies enable or constrain key protections for people affected by HIV in Uganda.

The Report also aimed to identify all relevant laws, policies, and strategies that affect, positively or adversely, the successful, effective, and equitable delivery of HIV prevention, treatment, care, and support services to people living with HIV and HIV-affected persons; to assess the key human rights issues affecting people living with HIV; to assess the availability, accessibility, and affordability of interventions that promote rights of people living with HIV and other people affected by or at risk of HIV in Uganda.

The Report also aimed to analyse the extent to which people living with HIV and those affected by or at risk of HIV in Uganda are aware of existing legal frameworks and support systems to access services; and to provide recommendations for the creation of an enabling legal, social, and policy framework to eliminate HIV-related stigma, discrimination, and violence against people living with, affected by or at risk of HIV in Uganda.

KEY FINDINGS

HIV Prevention and Control Act; Sections 41 and 43 criminalises attempted transmission of HIV, and intentional transmission of HIV respectively, thus discouraging HIV testing and the disclosure of positive test results. Intention to transmit HIV is difficult to prove in situations where people may not know their HIV status.

HIV Prevention and Control Act; Section 18 (2) allows a health worker to disclose HIV test results to a third party without the consent of the affected person, thus violating their right to privacy and potentially discouraging people from testing for HIV if they think their results may be disclosed to third parties without their consent.

Releasing HIV test results to another person without the consent of the client may also result in stigma or violence against the client.

HIV Prevention and Control Act Section 13 (b) provides for routine HIV testing of a pregnant woman, and Section 13 (c) provides for routine HIV testing of a partner of a pregnant woman.

However, health workers routinely make it appear mandatory for pregnant women and their partners to be tested for HIV, with or without their consent. This has the effect of violating their right to privacy and autonomy and discourages people from visiting health facilities.

Uganda’s Penal Code Act (PCA) Sections 136-139 criminalise sex work and other activities associated with prostitution with the effect of unfairly targeting key and vulnerable populations and exposing them to arbitrary arrest and mistreatment by law enforcement, while male clients rarely receive the same treatment.

The harassment of sex workers has the effect of increasing societal stigma towards them, denying them the livelihood, which is their only source of income, driving them and keeping them away from health and justice support services.

The Director General of the Uganda AIDS Commission, Dr Nelson Musoba, said that while the Government of Uganda is committed to the goal of ending AIDS as a public health threat by 2030, there is also increasing recognition that this goal cannot be achieved unless the country addresses structural barriers such as legal impediments, and issues such as human rights, stigma, discrimination, gender inequality and gender-based violence.

The President of the Uganda Law Society, Pheona Nabasa Wall said that although Uganda has HIV Prevention and Control Act (2014) and other regulations, prosecution under this law has been challenging partly due to its discriminative nature and challenges associated with proving most of the provisions under it.

Persons charged with HIV related offences are instead often subjected to public humiliation and bail applications, mandatory tests upon arrests, and in cases of defilement of children, maximum penalties are pleaded and recommended by prosecutors even in the absence of scientific evidence of transmission of HIV she said.

She added that HIV victims have a number of issues which include among others; stigma nutritional needs, denial of justice and palliative care, forced HIV testing, discrimination in gaining access to medical care, education, employment, and violation of right to medical privacy.

RECOMMENDATIONS

Review and repeal sections 136 & 139 of the Penal Code Act to decriminalise sex work.

Harmonise the legal provisions on abortion and decriminalise abortion in order to give women access to safe abortion services, guarantee autonomy and decision-making power over their reproductive lives (Provisions in Sections 142 and 143 of the Penal Code Act and Article 22 of the Constitution of Uganda present contradictions on the issue of abortion. Ministry of Health guidelines on abortion were suspended).

Repeal sections 167 to 169 of the Penal Code Act because they are archaic, out-dated, and no longer serve the purpose for which they were created. Uganda Police Force and the DPP should desist from charging and prosecuting individuals with these provisions.

Prosecute HIV-related cases such as those relating to intentional transmission of HIV under general criminal law, not HIV. specific laws.

Reform the law to make it explicit that pregnant mothers should be tested upon giving consent, after receiving full information from health care providers.

Reform the law to remove the provision for a health worker to disclose results to a third party without the consent of the client; instead support the process of disclosure by the client himself/herself.

The Report was launched by the Acting Minister of Justice and Constitution Affairs, Muluri Mukasa who applauded Uganda AIDS Commission and development partners for conducting the assessment.

The Report, he said, shades light on the impact of Ugandan laws in response to HIV/AIDS

Minister Muluri added that the Report findings will provide policy makers with evidence to carryout good legislation and develop policies and laws that will ensure that government does not default on its commitment to end HIV as a public health threat by 2030.

The full report can be downloaded here

US: Indiana to undertake a review of its criminal code for laws concerning HIV

Laws criminalizing HIV to be reviewed by legislative interim study committee

Heeding a call from a bipartisan group of legislators, Indiana will undertake a review of its criminal code for laws concerning HIV, with the focus on modernizing state statutes and helping to end the HIV epidemic.

Ten Republicans and six Democrats sent a letter in late March to Speaker Todd Huston, highlighting the bills that had been passed in previous sessions that updated and revamped Indiana’s laws as more became known about HIV. However, the legislators noted, the state’s criminal code still needs to be amended to reflect the research and biomedical advancement regarding the disease.

“During the early years of the epidemic, states enacted HIV-specific criminal laws based on the perception of HIV at that time — a time of fear and stigma when much less was known about HIV and there were no effective treatments,” the legislators wrote in their letter. “Many of these laws, including Indiana’s, criminalize behaviors that cannot transmit HIV — such as biting or spitting — and apply regardless of intent or whether HIV was actually transmitted.”

The Indiana General Assembly’s Legislative Council approved the review of HIV laws Tuesday morning as part of Resolution 22-06, which assigned study topics to legislative interim study committees.

The HIV study proposal was among the more than 110 topics suggested, according to George Angelone, executive director of the Legislative Services Agency. However, the list was narrowed to 32 topics spread across 11 interim study committees, one subcommittee and five special committees.

The Interim Study Committee on Corrections and Criminal Code will conduct the review of HIV laws.

Also, the group will take a look at efforts and programs to ensure patients and offenders released from Indiana’s psychiatric hospital and the Indiana Department of Correction are connected to the appropriate care. Sixteen Representatives, mostly Democratic, sent a letter to the Legislative Council leaders asking for this review.

Both letters are available online.

In addition, Indiana will again take a look at marijuana-related products.

The Interim Study Committee on Public Health, Behavioral Health, and Human Services has been charged with examining Delta 8, Delta 9 and other THC products regarding potential health benefits, possible decriminalization and other consequences.

After the Legislative Council hearing, Senate President Pro Tem Rodric Bray downplayed the possibility that Indiana would make any dramatic changes to prohibitions on marijuana. Still, he said the study would be helpful because many in the General Assembly are likely not familiar with the pros and cons of the products.

“We in Indiana have been slower to go in that direction than states surrounding us,” Bray said. “… I think this is going to be an important conversation to have this summer for where Indiana moves in the coming years.”

Senate Minority Leader Greg Taylor, D-Indianapolis, said he was glad to see his colleagues on the other side of the aisle looking at THC. However, he also said he was disappointed that an examination of veterans’ issues was not included as a study topic.

“We could make sure that our veterans are having adequate access to all the benefits that are available to them,” Taylor said. “It’s our responsibility to actually provide that pathway for people to get their benefits that they deserve.”

 

US: Georgia’s Governor signs Senate Bill 164 to modernize state’s HIV laws

Press Release: Georgia makes strides in modernizing HIV disclosure law

May 11, 2022 (ATLANTA, GA.) — After more than five years of work by the Georgia HIV Justice Coalition, Georgia Equality, and advocates living with HIV, Georgia’s HIV disclosure law has been modernized with the signing of SB 164 this week. This legislation was introduced by State Senator Chuck Hufsteler and supported in the House by Rep. Sharon Cooper leading to almost unanimous support in both chambers.

Previously, a person living with HIV (PLHIV) could face a felony and up to 10 years in prison for not disclosing their HIV status prior to any type of sexual act. The degree of risk of HIV transmission was not a factor in the statute; including circumstances where there was no HIV transmission, nor even any risk of HIV transmission.

Under the revised law, a PLHIV who knows their status but fails to disclose it only commits this felony if they engage in a sexual act where there is “a significant risk based on scientifically supported levels of risk of transmission” and they have the specific intent to transmit the disease. Any person with a “specific intent” to transmit HIV to another person also remains subject to prosecution.

“The Georgia HIV Justice Coalition salutes and applauds Sen. Hufstetler’s and Rep. Cooper’s efforts to modernize a decades-old law and thanks our partners in the coalition for their hard-work” states Eric Paulk, Coalition Co-Chair and Deputy Director of Georgia Equality. “Today we affirm that no one should be singled out for punishment solely on the basis of their HIV status and the Coalition will continue to advance efforts to dismantle a culture that seeks to utilize the criminal legal system to address public health issues instead of addressing social determinants of health.”

“As a person living with HIV, I’m encouraged that the legislature understands the advances in HIV science. Ending the stigma around HIV is a necessity to ending the HIV epidemic and I look forward to continuing efforts that support PLWH,” states Malcolm Reid, Coalition Co-chair and Federal Policy Chair for the People Living With HIV Caucus.

The new law reflects the significant advances in HIV science and will bolster the efforts to end the HIV epidemic in Georgia. “This historic legislation is the product of years of work from community members, movement advocates, and elected officials. I am inspired and grateful for the tireless efforts of my colleagues and peers. Though I recognize there is still much work left to  be done, I am pleased with what we have achieved, ” said Charles Stephens, Executive Director of the Counter Narrative Project.

Kamaria Laffrey, Project Director at the Sero Project, states that, “this effort is the  product of the power of the people; the PLHIV whose lives will have a lessened layer of stigma. The mobilization and centering of the voices that are most impacted by these laws in partnership with the strategic relationship building with legislative champions is the key piece to how people living in Georgia have made this amazing achievement possible.”

Today we affirm that no one should be singled out for punishment solely on the basis of their HIV status and the Coalition will continue to advance efforts to dismantle a culture that seeks to utilize the criminal legal system to address public health issues instead of addressing social determinants of health.

ABOUT

Founded in 1995, Georgia Equality is the state’s largest advocacy organization working to advance fairness, safety, and opportunity for Georgia’s LGBTQ communities and our allies. 

Argentina: New HIV law seeking to provide comprehensive response to HIV approved

The Chamber of Deputies gave half sanction to the new HIV law with a large majority

Automated Google translation. For article in Spanish, please scroll down.

The initiative was approved with 241 affirmative votes; the project seeks -among other issues- to guarantee universal and free access to treatment for HIV, viral hepatitis, tuberculosis and sexually transmitted infections (STIs)

With a large majority, the Chamber of Deputies today approved the bill that seeks to provide a comprehensive response to HIV , viral hepatitis, tuberculosis and sexually transmitted infections (STIs) . The initiative proposes, as a central axis, universal and free access to the treatment of these diseases, guaranteed by the public health system, social works and private health throughout the country.

The average sanction was achieved with 241 affirmative votes and 8 negative ones. The initiative – the result of the work of different civil society organizations – was promoted by the pro-government deputy Carolina Gaillard and had the support of the entire political spectrum.

The bill, in addition to guaranteeing universal and free access to treatment for HIV, viral hepatitis, tuberculosis and sexually transmitted infections (STIs), proposes that all tests to detect these pathologies should be voluntary, free, confidential and universal. In addition, it promotes the creation of a special retirement regime, of an exceptional nature for those who experience HIV and hepatitis B or C diseases, as well as a non-contributory pension for life, for those who are in a situation of social vulnerability. In this way, those who prove at least ten years since the diagnosis of the disease and twenty years of retirement contributions, can request retirement from the age of 50.

The pro-government parliamentarian Mara Brawer celebrated the half sanction with social organizations. “With the organizations in the street celebrating the half-sanction of the new #HIV , tuberculosis and viral hepatitis law,” she wrote.

For her part, the libertarian deputy Victoria Villaruel was one of the eight people who rejected the initiative . “With Javier Milei we voted not to hold lobbying” , he justified on Twitter, and continued: “Instead of guaranteeing rights, privileges increase, an HIV observatory is created within INADI, that is, we continue with the spending party, payment to the militancy and public office to people like [Victoria] Donda. With my NO vote.

The eight parliamentarians who voted against the project were: José Luis Espert (Liberty Advances), Carolina Píparo (Liberty Advances), Javier Milei (Liberty Advances), Victoria Villarruel (Liberty Advances), Ricardo López Murphy (Together for Change ), Pablo Torello (Together for Change), Paula Omodeo (Together for Change) and Francisco Sánchez (Together for Change).

The project that now awaits its session in the Senate of the Nation also promotes training, research, the dissemination of massive campaigns, and the formation of a National Commission for HIV, Viral Hepatitis, other STIs and Tuberculosis , integrated interministerially and intersectoral by representatives of state agencies, scientific societies, civil society organizations working on these pathologies, whose integration must be determined by regulation, guaranteeing federal and gender representation; and a National Observatory on Stigma and Discrimination, in order to make visible, document, dissuade and eradicate the violations of the human rights of the affected people.


La Cámara de Diputados le dio media sanción a la nueva ley de VIH con amplia mayoría

US: Tennessee Senate votes to remove sex offender registry requirement for HIV related offences

Lawmakers Seek to Reduce Penalties for HIV Criminal Exposure Law

The Tennessee Senate voted Wednesday to reform one aspect of a decades-old law that makes it a crime to not disclose an HIV diagnosis to a sexual partner.

At the height of the HIV epidemic in the ‘80s and early ‘90s, many states created these criminal penalties, although activists have long said they are harmful because of their punitive nature.

Tennessee’s own exposure law, passed in 1994, labels non-disclosure a class C felony that can result in three to 15 years in prison and a $10,000 fine. The law additionally punishes blood transfusions and donations.

Tennessee is also one of just six states that add people to a sex offender registry for HIV related offences. More than 70 people are currently on Tennessee’s registry for an exposure charge.

A new bill – approved by a wide margin in the senate with bipartisan support this week – does away with this sex offender registry requirement and retroactively allows for the removal of those already on it, provided they are not listed for any additional offenses.

Republican Rep. Bob Ramsey, who is sponsoring the house version of the measure, says HIV laws are outdated and need to be updated to reflect modern treatment for the virus.

The goal, he says, is “to look at this disease in a more realistic light and try to de-stigmatize it so that we could actually identify it and treat it, more so than trying to punish it.”

While there is still no cure for HIV, modern antiretroviral drugs now allow for a near normal lifespan and can reduce the level of virus in the body so low that it’s effectively impossible to spread. It is now considered a chronic condition people can manage rather than a fatal diagnosis.

Ramsey, who is also a dentist, calls the registry requirement a “misguided overreaction to the disease.”

Violent sex offenders have to register for life and check in with authorities three times a year to keep their addresses up to date. They are not allowed to live or work near schools, daycares or parks, which advocates say can make it extremely hard to find housing or employment and even seek treatment.

Amna Osman, head of the advocacy organization Nashville CARES, told lawmakers last month that parents on the registry can face barriers such as an inability to attend their children’s school functions and that the stigma can create mental health issues.

“Nobody should be on a sex registry by virtue of having a manageable illness,” she said during testimony. “I’ve heard people who have tried to commit suicide, post-traumatic stress disorder, depression, anxiety because they’ve been on the sex registry for 14, 15, 16 years.”

The laws have also backfired, she said, because they undermine a need to get tested, which is vital to ending the epidemic.

“There [are] fears about this law…for people that don’t want to get tested because if you don’t know your status, this law does not apply to you,” she said, noting that nationwide one in seven people infected with HIV are unaware.

An original version of Ramsey’s bill sought more substantial reform to the state’s current law, including reducing the penalty to a misdemeanor, which would bring it in line with other communicable diseases such as Hepatitis C and B. The measure also took into account someone’s intent such as if they acted to reduce the risk of transmission through condom use or adherence to antiviral medication.

But after receiving pushback from other lawmakers, it was amended to just address the sex offender registry requirement, which Ramsey called a “baby step” in the right direction.

Rep. Bruce Griffey spoke out against the measure during debate in committee.

“This bill is going to expose potential future Tennesseans to HIV unnecessarily,” he said.

Ramsey disagrees and points out that the current law creates instances where disgruntled individuals can allege they were not informed of a partner’s positive status, and the accused will often lack hard evidence to dispute them in front of a prosecutor or judge.

“It became a ‘he said,’ ‘she said’ kind of situation,” Ramsey says.

The Centers for Disease Control and Prevention say HIV-specific laws “have been shown to increase stigma, exacerbate disparities and may discourage HIV testing.” In recent years, several states have passed reforms, saying the laws unnecessarily target some of the most vulnerable.
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“There needs to be an overhaul to this whole state annotation altogether,” says Dewayne Murrell, a member of the Tennessee HIV Modernization Coalition, which is pushing for broad changes to Tennessee’s statues.

His organization is backing a complaint that says the state’s HIV laws violate federal law. He says lawmakers also need to eliminate a crime known as aggravated prostitution, a felony affecting those who are sex workers and are HIV positive.

Rep. Ramsey expresses confidence that his amended legislation will pass the House next week. Although he’d like to see more action in the future, he says this stride is an opportunity to bring public awareness to a condition that is too often misunderstood.

“That’s what the aim of this bill was to educate and bring a rational, unstigmatized view of the disease and how it affects people’s lives.”

Zimbabwe becomes the second country in Africa to fully repeal its HIV-specific criminal law

Last week, Zimbabwe’s parliament finally agreed to repeal the country’s HIV-specific criminal law, section 79 of the Criminal Code.  The law which contained the provision to repeal section 79 – the Marriages Act – was originally gazetted in July 2019.  It will now be signed into law by the president.

The significance of this cannot be underestimated. Zimbabwe becomes only the second country on the African continent to fully repeal its HIV-specific criminal law after the Democratic Republic of Congo repealed its law in 2018.

Although there have been remarkable advocacy successes elsewhere on the continent in preventing an HIV-specific criminal law being enacted in Malawi in 2017 and the suspension of one of Kenya’s two HIV-specific criminal laws on the grounds of unconstitutionality in 2015, it is rare for a sitting parliament to decide to completely repeal an HIV-specific criminal law.

That it did so is testament to a multi-year, multi-stakeholder campaign that began with civil society advocates sensitising communities and parliamentarians, notably the Honorable Dr Ruth Labode, Chairperson of Parliamentary Portfolio Committee on Health and Child Care, who began pushing for a change in the law in 2018 having previously been in favour of the provision in order to protect her female constituents.

However, after attending a number of meetings, notably a November 2018 Symposium convened by Zimbabwe Lawyers for Human Rights and HIV JUSTICE WORLDWIDE partners, ARASA and SALC, along with other civil society organisations, she began to appreciate that HIV criminalisation does not, in fact protect women, but actually harms them.

We all know very well that in Zimbabwe and the world-over, we do not have diagnostic equipment which can tell us who gave HIV to the other and at what time. There is an assumption that whoever has manifested the disease first is the one who transmitted the virus. It can be anybody and it could be the other way round. If you are a woman and suddenly you find yourself positive, you will not tell your partner because of this law yet if the law was not there you would tell your partner and go and access ARVs to live happily ever after.
 
Hon Dr Ruth Labode, 2018

 

Zimbabwe was, in fact, the first African country to enact an HIV-specific criminal law, including it in the Sexual Offences Act of 2001. The law, which was supported by women’s rights groups who sought to address violence against women, made a criminal of anyone diagnosed HIV-positive who “intentionally does anything or permits the doing of anything” which (s)he “knows … will infect another person with HIV”.

The law was further amended in 2006 through the enactment of section 79 of the Zimbabwe Criminal Law (Codification and Reform) Act, 2004. The new law, erroneously titled “Deliberate transmission of HIV”, did not require HIV transmission or for an accused to have an intention to transmit HIV: only that they undertake an act that includes “a real risk or possibility” of transmitting HIV. Further, section 79 was so broad it could be applied to anyone who knows they have HIV or who realises “there is a real risk or possibility” they might have HIV. The only defence was if the HIV-negative partner knew their partner had HIV and consented.

There were many attempts before the first reported prosecution in 2008.  Since then, there have been at least 18 further HIV criminalisation cases, making Zimbabwe the country with the highest known rate of HIV prosecutions in Africa.

As prosecutions continued, it became apparent that Zimbabwe’s HIV-specific criminal law did not protect women. Numerous cases accused women, including where it was likely that the accused was infected by her accuser spouse (although she was diagnosed first) and where men have made allegations as revenge for complaints about domestic violence.

The disproportionate impact of the law on women was highlighted in a 2015 campaign, ‘HIV on Trial – a threat to women’s health’ by Zimbabwe Lawyer’s For Human Rights (ZLHR) at the same time that they – ultimately unsuccessfully – challenged the law at the Constitutional Court. The campaign highlighted the case of Samukelisiwe Mlilo, who features in a powerful 15 minute documentary, ‘Alone But Together – Women and Criminalisation of HIV Transmission: The story of Samukelisiwe Mlilo’.

The focus then turned to repealing the law, and by 2019 the campaign to repeal the law was in full swing, supported by a wide range of stakeholders – including HIV JUSTICE WORLDWIDE, the Zimbabwe Network of People Living with HIV (ZNPP+) and UNDP.  

That year, Zimbabwe Lawyers for Human Rights and HIV JUSTICE WORLDWIDE published a range of policy documents aimed at different stakeholders – including people living with HIV, the media and parliamentarians – highlighting six key messages:

  1. Section 79 is vague, overly broad and open to unjust application.
  2. HIV criminalisation violates human rights and increases HIV stigma.
  3. HIV criminalisation laws are unscientific.
  4. HIV criminalisation does not prevent HIV.
  5. HIV criminalisation is a barrier to HIV testing, treatment and prevention.
  6. HIV criminalisation is harmful to women.

Now that Zimbabwe has repealed its law, it’s surely only a matter of time before the other 30 countries on the African continent with HIV-specific laws follow suit.  Advocates in Kenya – where the other HIV-specific criminal law is being challenged – and in Uganda – where the HIV-specific law is also being challenged – will be especially encouraged, as should all of us fighting for HIV justice around the world.