Zimbabwe: The Marriages Amendment Bill decriminalising the wilful transmission of HIV to be signed into law

Decriminalisation of HIV transmission a milestone development

From the time the first cases of HIV in Zimbabwe were identified in the mid-1980s, the understanding of the disease, its prevention, management and treatment has improved, so has science.

Today, the number of people acquiring HIV each year is falling in Zimbabwe, although levels are still relatively high, according to an international organisation, AVERT.

In 2018, there were 38 000 new infections (33 000 among adults and 4 800 among children). In comparison, 62 000 people became HIV positive in 2010 (47 000 adults and 15 000 children).

Zimbabwe’s HIV epidemic is generalised and largely driven by unprotected heterosexual sex.

Anti-retroviral drugs have been a game changer. People who are diagnosed early have been accessing them in both rural and urban public and private health facilities across Zimbabwe.

Those like Johana Kasirori, who has been living with HIV for 33 years, others like Tendayi Westerhof, who has had the virus for 20 years, adhere to their prescribed treatment regimen and have lived longer and healthy lives, turning HIV from a death sentence to a chronic condition.

Over the years, the country’s criminal law with regards to decriminalisation of HIV moved at a snail’s pace with debate after debate over the issue.

But today, the law has finally caught up.

Wilful transmission of HIV will be decriminalised once the Marriages Amendment Bill, which sailed through Parliament a fortnight ago, is signed into law by the President as Government and Parliament move to keep abreast with international standards.

Parliament’s moving in will end criminalising transmission through Clause 53 of the Marriages Bill which repeals Section 79 of the Criminal Law (Codification and Reform) which made it an offence to transmit HIV to a partner in certain circumstances.

The section about to be repealed made it an offence for anyone knowing they were infected with HIV or knowing there was a real risk or possibility that they were, and then intentionally did anything or permitted the doing of anything that would infect someone else or involved a real possibility of infecting another person.

Such people were guilty of deliberate transmission of HIV, whether or not they were married to the other person, and were liable for up to 20 years jail.

Convictions were extremely rare.

In his presentation in the National Assembly during the initial stages of the Bill, Justice, Legal and Parliamentary Affairs Minister, Ziyambi Ziyambi, said the new global thinking was that the law criminalising transmission stigmatised people living with HIV.

He said when the law was enacted, the thinking was that it would help to fight the spread of HIV by criminalising those that transmitted it to partners willingly.

“But the global thinking now is that that law stigmatises people living with HIV and studies have shown that it does not produce the intended results,” said Minister Ziyambi. “What the ministry is going to do is to repeal that section of the law and ensure that we keep up to speed with modern trends in the world.”

Welcoming the latest developments, Pan African Positive Women’s Coalition Zimbabwe (PAPWC ZIM) national director,Westerhof, said this was a milestone development, though it had taken so many years when the first HIV case was discovered in Zimbabwe around 1986.

“And we have been battling with this criminalisation of HIV and the stigma to people living with HIV was very rampant and l am glad that this Bill will be signed into law,” said Westerhof, who is also the People Living with HIV representative on the National AIDS Council Board.

She added: “However, whilst we are trying to keep up with international standards we also have to ensure that on the ground people are educated on the laws i.e. communities should be educated on the laws because now the decriminalisation has be put out.”

She urged any potential person living with HIV to continue taking those precautions of safer sexual practices and protect loved ones and not to take advantage of the new law.

“I’m glad that they realised that it is addressing issues of stigma and discrimination because we can never end HIV and AIDS as long as stigma and discrimination is there,” said Westerhof. “Remember we are to end AIDS by 2030, where we are all saying we want zero stigma and discrimination.”

Westerhof hopes that with the decriminalisation, there will be a decrease in gender based violence, especially on women and young women.

“It’s a good law and we uphold it whilst it has taken many years, but l think most of us were involved on debates that were going on through civil society, portfolio committees over many years etc,” she said.

“Finally, those efforts have yielded results. HIV transmission must never be criminalised. The debate over the years and the law makers have seen it fit that HIV must never be criminalised because the law was there.”

She called for the education of communities on it and also scale up efforts of preventing new HIV infections through the convectional means that include delaying early sexual debut by young people, practicing safe sex, making available sexual and reproductive health services such as PrEP.

“Now we hear in South Africa Dapivirine is now available we just hope it will also be available in Zimbabwe so that really we decrease the HIV infection rates and we make marriages safe havens, too, where people can enjoy their conjugal rights without the worry of one infecting the other if one partner is infected,” she said.

“So this is a great development and we are happy with it though a lot more work needs to be done.”

A young Zimbabwean HIV advocate, Anna Sango, said the removal of punitive laws, policies and practices and the promotion of protective legal and policy environment played a critical role in making people feel they can safely access health services.

“Decriminalising HIV is a move in the right direction,” she said. “In Zimbabwe this is progressive for the HIV and AIDS agenda. Now with effective treatment and increased awareness people living with HIV who consistently on treatment are reaching viral load suppressed meaning they cannot pass on the virus.”

She added that Zimbabwe as a country has aligned itself to ongoing and new initiatives that help reduce new infections such as the UNAIDS 90 90 90 targets as well as the 10 10 10 targets that speak to the “removal of punitive, legal and policy environments that deny or limit access to services”

“These all require a co-ordinated response and approach to be achieved. It is important to know that zero discrimination is more than a slogan, it is essential for achieving universal health coverage,” she said.

A representative of people living with diseases who is also a TB Champion for StopTB Partnership Zimbabwe and Global Fund co-ordinating committee, Tariro Kutadza, said criminalisation of HIV and Aids transmission has not produced an fruits anywhere in the world.

She said HIV and Aids transmission remains a puzzle.“HIV is a sexually transmitted infection (STI), which has different facets unlike others like syphilis, gonorrhoea etc,” she said. “HIV has a lot, the cycle, mutilation, the types all those issues and also the impact of HIV — social economic etc.

“It is a whole big issue so to bring about things which cannot be proven becomes very difficult unlike gonorrhoea, syphilis etc where you can point out that I got this from my husband etc.”

Kutadza said she does not know what the issue of wilful transmission brings to someone who was born with HIV and Aids.

“For one to say I have slept with someone and that one incident or so entail to passing HIV to someone is a puzzle,” she said. “When science is silent, sometimes we should also be silent.”

Russia: Court overturns decision of the Ministry of Justice to include NGO in “foreign agents” register for commenting on HIV criminalisation law

Court orders Ministry of Justice to remove “Humanitarian Action” charitable foundation from registry of “foreign agents”

St Petersburg City Court has ordered the Russian Ministry of Justice to remove the charitable foundation “Humanitarian Action” from the register of “foreign agents” NGOs. This was reported on the foundation’s Telegram channel.

“This is the first time in Russia that an NPO has been removed from the register under a court ruling without rejecting foreign funding,” the report said.

For now, the foundation remains on the register of “foreign agents” NGOs.

The St. Petersburg-based charity foundation Humanitarian Action works with drug users and people living with HIV. The organisation was declared a foreign agent in December 2020.

The Russian authorities decided that Humanitarian Action was engaged in “political activities”. Comments on amendments to the law “On the prevention of the spread of HIV infection in Russia” sent to the Ministry of Justice as part of an open public debate were cited as such.

According to OVDInfo, 220 non-profit organisations and unregistered public associations have been included in the register of “foreign agents” since 2012. Of these, 99 were removed from the list due to cessation of activities (liquidation or reorganisation), 40 due to cessation of foreign funding or political activities, five after a complaint about the unreasonableness or illegality of their inclusion in the register was satisfied, and one after property was returned to a foreign source.

Суд обязал Минюст исключить благотворительный фонд «Гуманитарное действие» из реестра «иноагентов»

Санкт-Петербургский городской суд обязал Минюст России исключить благотворительный фонд «Гуманитарное действие» из реестра НКО — «иностранных агентов». Об этом сообщили в телеграм-канале фонда.

«Это первое в России исключение НКО из реестра по судебному решению без отказа от иностранного финансирования», — говорится в сообщении.

Пока фонд остается в реестре НКО-«иноагентов».

Петербургский благотворительный фонд «Гуманитарное действие» работает с наркопотребителями и людьми с ВИЧ. Организацию объявили иностранным агентом в декабре 2020 года.

Российские власти решили, что «Гуманитарное действие» занимается «политической деятельностью». В качестве примера таковой, в частности, приводились комментарии о поправках в закон «О предупреждении распространения ВИЧ-инфекции в России», направленные в адрес Минюста в рамках открытых общественных обсуждений.

По данным «ОВД-Инфо», с 2012 года в реестр НКО-«иностранных агентов» включили 220 некоммерческих организаций и незарегистрированных общественных объединений. Из них 99 были исключены из списка в связи с прекращением деятельности (ликвидация или реорганизация), 40 — из-за прекращения иностранного финансирования или политической деятельности, пять — после удовлетворения жалобы на необоснованность или незаконность включения в реестр, одна — после возврата имущества иностранному источнику.

Belarus: Eurasian Women’s AIDS Network submits list of issues on the implementation of CEDAW as it relates to women living with HIV

List of Issues on the implementation of the CEDAW by the Republic of Belarus as it relates to women living with HIV submitted for the consideration at the 83^rd Pre-Sessional Working Group of the UN Committee on the Elimination of Discrimination against Women – Geneva, Switzerland, 28 February – 4 March 2022

Prepared by the Eurasian Women’s Network on AIDS

The Eurasian Women’s Network on AIDS brings together activists and women-led organizations from 12 countries of Eastern Europe and Central Asia to improve access to healthcare services for women living with HIV and vulnerable to HIV, to protect them from violence, and provide inclusive involvement of them in public debate, on which their lives and health depend.
This submission focuses on the following issues – harmful effects of the legally enshrined criminal prosecution of women living with HIV (criminalization of HIV exposure, non-disclosure and transmission), ministerial and inter-agency practices that exacerbate the situation of women living with HIV, women who use drugs, diagnosis disclosure, violence against women.

The full submission is available for download in English and in Russian from the UN Treaty Body Database.

Kenya: Attorney General urges the Court to dismiss petition challenging the constitutionality of HIV criminalisation statute

AG opposes suit seeking to decriminalise deliberate HIV transmission

The law says any person who deliberately infects another with life threatening STD is guilty of an offence.

Attorney-General Paul Kihara Kariuki wants the High Court to dismiss a petition that seeks to decriminalise deliberate transmission of HIV or any other life-threatening sexually transmitted disease.

He says the petition filed by six people living with HIV/Aids lacks merit since the law that is being challenged, Section 26 of the Sexual Offences Act, is necessary to curb the spread of the disease.

“In examining the purpose, effect, historical background behind the enactment of the disputed law, and the intention of the legislature, we urge the court to take judicial notice of the fact that Kenya and in general Africa, continues to be ravaged by the scourge despite the scientific gains that have been made towards reducing the mortality rate,” states the AG.

“By passing the disputed law the Legislature was not acting in a vacuum but responding to a situation in which the State needed to intervene”.

The law says any person who deliberately and intentionally infects another with HIV or any other life threatening sexually transmitted disease is guilty of an offence, whether or not he or she is married to that other person, and shall be liable upon conviction to imprisonment for a term of not less than 15 years but which may be enhanced for life.

It also allows the taking and storage of samples, such as blood and urine, from those accused of spreading life threatening sexually transmitted diseases until the finalisation of the criminal case.

The said law also provides that any person who hinders or obstructs the taking of an appropriate samples from the accused is guilty of an offence of obstructing the cause of justice.

Upon conviction, such a person is liable to imprisonment for a term of not less than five years or to a fine of at least Sh50,000

The petitioners argue that the law creates criminal sanctions and punishes persons living with HIV and is thus unconstitutional for violating their rights, such as the right to freedom from discrimination.

Criminal sanctions are not of any use in the reduction of transmission of HIV and are wholly inappropriate where a person does not know he or she is HIV positive or does not understand how HIV is transmitted. Laws such as Section 26 of the Sexual Offences Act merely increases stigma and discrimination of people living with HIV and makes it less likely that they will pursue health affirming behaviour,” state the petitioners.

They also argue that the law limits the right of people living with HIV to consensually start a family with any person of their choice who is not infected with the virus. They said the law is being used to harm persons living with HIV.

Section 26 fails to consider the scientific gains made in the fight against HIV, where there are treatments that suppress the viral load of an infected person to the extent of rendering the chances of transmission to be extremely low or all together nonexistent,” they argue.

But the AG argues that the rights of persons living or affected by HIV are not absolute and that this must be weighed and interpreted with limitations provided under the Constitution.

Mr Kihara says the disputed section of the law only prohibits deliberate transmission of HIV and does not create an obligation to persons who suffer from HIV/Aids to disclose their status to their sexual partners, thereby maintaining their right to privacy.

He states that the law was enacted to protect the vulnerable population of young girls and women.

A declaration of unconstitutionality of the impugned law will undermine public health goals and create a legal vacuum in enforcement of laws protecting persons from deliberate HIV transmission. In light of such legal vacuum, the general public and more particularly the vulnerable population stands to suffer irreparable loss,” says the AG.

We humbly call on this court to breathe life into Section 26 of the Sexual Offences Act and not to stifle the intention of the law maker.

While referring to data from the National Aids Control Council (an Interested Party in the case), state counsel Gracie Mutindi told the court that 21,000 Kenyans (4,333 children and 16,664 adults) die of HIV related causes every year.

It is her position that the disputed law neither constitutes discrimination against people living with HIV simply due to their health status nor does it violate a patient’s right to privacy. Furthermore, the right to privacy is not absolute.

She also denied the petitioners’ allegations that the disputed law violates their right to dignity, freedom from cruel, inhuman and degrading treatment by the manner in which it authorises the taking of blood, urine or tissue samples from persons suspected to have infected another with HIV or any other life threatening sexually transmitted disease.

The taking of blood, urine or any other medical or forensic evidence as provided is not done for sadistic pleasure. It is rather aimed at ensuring that all material is availed to enable the court reach a just determination,” states Ms Mutindi

She contends that the right to privacy cannot be used as a tool for circumventing a just legal process intended to prove an offence. The case will be mentioned on February 10.

By Joseph Wangui

[Update]US: New Jersey Governor signs new law repealing old HIV criminalisation statute

New Jersey Repeals Outdated HIV Crime Laws and Fights Stigma

The new law “is a step in the right direction toward reforming the system” regarding HIV and STI prosecutions in New Jersey.

In January, New Jersey Governor Phil Murphy signed legislation that decriminalizes sexual activity by people living with HIV or a sexually transmitted infection (STI) in specific instances. What’s more, the law tackles HIV stigma because it requires that whenever a person is prosecuted under appropriate circumstances, the names of both the accused and the accuser be kept confidential.

The summary of the legislation—S3707/A5673—reads: “Repeals statute criminalizing sexual penetration while infected with venereal disease or HIV under certain circumstances; requires that in prosecutions for endangering another by creating substantial risk of transmitting infectious disease, name of defendant and other person be kept confidential.”

The legislation’s primary sponsors included Senators Joe Vitale (D–Middlesex) and M. Teresa Ruiz (D–Essex) and Assembly Members Valerie Vainieri Huttle and Joann Downey, according to a press release from Governor Murphy.

“Unfortunately, over the years, there has been a culture of criminally targeting HIV-positive individuals in general, rather than targeting those who intentionally expose others. The criminal code is meant to punish actions that harm others, not discriminate against people living with a chronic health condition,” Senator Ruiz said in the press release. “Signing this piece of legislation into law is a step in the right direction toward reforming the system.”

HIV criminalization refers to the use of laws to target people who have HIV—notably African-American, Latino and LGBTQ populations—and punishing them because of their HIV status, not because of their actions. Under outdated laws, people with HIV can be sentenced to prison in cases where HIV was not transmitted, simply for allegedly not disclosing their status.

Of note, repealing HIV laws does not mean that people can’t be held accountable for intentionally transmitting HIV. Other laws may apply to the situation.

“Hyacinth AIDS Foundation applauds Governor Murphy signing S3707/A-5673, which would repeal New Jersey specific HIV criminalization statute. New Jersey’s HIV criminal law was based on stigma and fear, rather than modern science,” Axel Torres Marrero, Hyacinth’s senior director of public policy and prevention, said in the press release. “In 2022 it no longer reflects the current science of treatment and transmission of HIV. Today we recognize that no one should be singled out and punished solely on the basis of their HIV status. Taken together with the attorney general’s recent guidance that only a clear, successful intent to do harm should be punished, today New Jersey acknowledges that health care policy and the fight to end the AIDS epidemic must be anchored in the updated science of treatment and transmission of HIV.”

Marrero was referring to HIV-related guidance issued in October by Andrew Buck, who was the acting attorney general at the time. When deciding whether to charge someone under the state’s HIV crime laws, Buck directed prosecutors to consider three factors:

Whether the individual forced or coerced their partner to engage in sexual activity;
Whether the individual engaged in sexual activity for the purpose of transmitting HIV to their partner; and/or
Whether the individual was adhering to a medically appropriate HIV treatment plan at the time of the sexual activity.

“It is virtually impossible,” the guidance states, “to imagine a scenario where it would be appropriate for a prosecutor to charge an individual…when that person’s HIV viral load was undetectable at the time of the sexual activity and no aggravating factors existed.”

One of the goals of the new HIV law and the guidance is to base possible prosecutions on updated science, notably that people with HIV who take meds and maintain an undetectable viral load do not transmit HIV sexually, a fact referred to as Undetectable Equals Untransmittable, or U=U.

Another goal is to fight HIV stigma and encourage testing and treatment. “For decades, the HIV epidemic has had devastating effects on New Jersey, particularly in our LGBTQ+ communities and communities of color,” the governor said in the press release. “Repealing the outdated law will eliminate the stigma and fear associated with testing for HIV and other sexually transmitted infections, encouraging more individuals to be proactive in learning about their health. This new law, coupled with advances in modern science and medicine, will bolster our efforts to end the HIV/AIDS epidemic in New Jersey.”

In related news, New Jersey also passed a series of harm reduction laws. One allows more syringe exchanges to open; another makes it legal to possess a syringe; and a third creates a review panel to study overdoses.

New Jersey isn’t the only state to decriminalize HIV. Last year, Illinois became the second state to repeal its discriminatory HIV laws (California did so in 2017). And lawmakers in Missouri, Nevada and Virginia have reformed similar laws. For more, see “Breaking HIV Laws: A Roundup of Efforts to Decriminalize HIV.”

Published in Insider NJ on 11/01/2022

Legislation to modernise criminalisation law passed by New Jersey Senate

Senate Passes Vitale-Ruiz Bill to Modernize NJ Statutes Related to HIV/AIDS Transmission

Trenton – In an effort to modernize New Jersey’s statutes related to the transmission of HIV/AIDS and reduce the stigma suffered by individuals living with HIV/AIDS and other sexually transmitted infections (STI), legislation sponsored by Senators Joe Vitale and M. Teresa Ruiz that would eliminate crimes that are solely applicable to individuals living with HIV/AIDS and STIs was passed by the Senate.

The bill, S-3707, would repeal current statutes that make it a crime for a person to commit an act of sexual penetration under certain circumstances while knowing that he or she is infected with a venereal disease, HIV, or AIDS. The bill maintains and updates the provisions of the statute that criminalizes endangering another person, therefore maintaining an avenue for prosecution in appropriate cases involving the transmission of non-airborne infectious or communicable diseases, without specifically targeting individuals living with HIV/AIDs and sexually transmitted infections.

“While working with advocates to identify areas to improve our harm reduction system of care, they identified updating these statutes to reflect what we now know about the transmission of certain diseases, especially in light in the advances in treatment, as a huge priority,” said Senator Joe Vitale (D- Middlesex). “The current law serves only to criminalize some of our most vulnerable populations, primarily those with HIV, dismissing what we know about the treatment of HIV and how it is and can be transmitted. I am thankful to the advocates who brought this issue to our attention, not only for leading the way on solid public health policy, but also in serving those in need in New Jersey.”

The current laws in place target individuals based on their HIV/AIDS status, rather than their actions. They disproportionately impact certain communities that are more likely to be living with the virus including members of the LGBTQ+ community, Black and Latinx people and transgender women. The new legislation will work to remove the negative stigma and criminalization that these communities and others currently face.

“This legislation is a step in the right direction of inclusivity and removing the stigmatization that surrounds individuals living with HIV. Over the years, there has been criminalization targeting HIV-positive individuals, rather than those who are intentionally harming others,” said Senator Ruiz (D-Essex). “The criminal code is meant to punish actions that harm others, not discriminate against people living with a chronic health condition.”

The bill passed the Senate by a vote of (25-11).

US: Indiana Criminal Code Committee to hear bill removing sentencing enhancements for battery and malicious mischief related to HIV

House Courts and Criminal Code Committee to hear sentencing bills

A trio of Republican Indiana House bills will be heard before the Courts and Criminal Code Committee on Monday, including two pieces of legislation focused on sentencing.

One of the bill regarding sentencing is House Bill 1032.

Authored by Rep. Sean Eberhart, R-Shelbyville, HB 1032 would remove sentencing enhancements for battery and malicious mischief that relate to the human immunodeficient virus, or HIV. The bill would also repeal offenses concerning the donation, sale or transfer of blood or semen that contains HIV.

In the bill’s fiscal note, LSA states that any reduction in the Department of Correction’s population due to the bill would be minor and that it found no convictions or sentences since 2014 for felonies involving the transmission of HIV.

US: Washington State decriminalises HIV exposure and removes stigmatising language in state law

Failing to share HIV status downgraded from felony to misdemeanor in Washington

The Washington State Board of Health this week adopted new rules to decriminalize HIV exposure, remove stigmatizing language in state law and end legal discrimination against people living with HIV.

Previously, state law criminalized HIV exposure; a person living with HIV could be prosecuted for not disclosing their status to a sexual partner and could serve jail time. HIV is no longer in the criminal code in Washington state, and nondisclosure could result in a misdemeanor instead of a felony.

The board was tasked with rewriting the rules after legislation passed in 2020 directing them to work in consultation with state agencies and community stakeholders.

Dr. Bob Lutz, who serves on the State Board of Health, said the process involved consulting with local health jurisdictions, the Department of Corrections and the Department of Labor & Industries. Last October, the proposed revisions were opened for formal public comment, and after hearings and more meetings in late 2021, the board held a final hearing and vote Wednesday to adopt changes .

The updated state law will also include new language to reflect that it’s possible for a person to employ “practical means to prevent transmission,” such as modern HIV treatment that can eliminate the virus to the point of being undetectable, and prevention methods for not transmitting sexually transmitted infections, like condoms.

Dale Briese, an HIV advocate in Spokane and peer navigator, said the new rules are a step forward.

Briese, along with other advocates and community leaders, met with Board of Health staff several times in the past two years to get to the language in the rule presented to the board on Wednesday.

“I am comforted that these rules initiate for the first time the public health model for citizens that are in medical care, and are acting out of ‘good faith’ that they will have less potential legal ramifications,” Briese wrote in his prepared testimony.

Advocates who commented on the legislation also noted that there is still work to be done, especially to clarify how the law impacts community members living with HIV who have reached the point in their treatment where the virus is undetectable. It’s not clear in the new language whether these people would need to disclose their HIV status, despite the fact that they would be incapable of spreading it.

Even still, all three people who commented on the specific rule change applauded the efforts of the board and the state.

There were many more public comments during the hearing on the new rule, but they were primarily from people who thought the state was amending state law that pertains to quarantine orders, as well as people who wanted to comment on vaccine mandates for children.

Before the Board’s Wednesday meeting, misinformation spreading on social media led some people to believe that the board was considering mandatory quarantine “camps.” Board members clarified early during the hearing that their scope of work applied to the HIV-related language in the state’s public health law.

Since 2003, Washington state law has allowed public health officers to enforce quarantine orders if they are not voluntarily followed, and a superior court can be involved in this process. The board’s rulemaking on Wednesday did not change or alter the health officer’s ability to enforce quarantines, however. The board followed specific guidance from the Legislature, making changes only pertaining to how people living with HIV are treated by public health officials and other entities.

“Most counties have developed voluntary (quarantine centers), so people don’t infect their roommates or family,” Board Chairman Keith Grellner said on Wednesday.

“There are certainly lots of examples of those, but I am not aware of any mandatory quarantine or isolation center.”

Dr. Tao Sheng Kwan-Gett, the chief science officer at the Department of Health, said it was ironic that the intent of the rule and legislation were to remove stigma and initiate the healing process after past inequities in the HIV community brought on by this law, but that many people had used the meeting as an opportunity to spread division instead.

“I feel bad that the misinformation distracted from the intent of this,” he said.

He added that he was proud of the department and board for working closely with the community impacted to bring about the changes.

By Arielle Dreher

Russia: Laws that restrict migrants with HIV and deny them medical care increases the burden on the health care system

Legal barriers to migrants with HIV are not working

Automated translation via Deepl.com. For original article in Russian, please scroll down.

Laws that restrict the stay of foreign nationals with HIV, as well as the denial of free medical care, may be one of the causes of a hidden epidemic, writes the EECA Regional Platform.

The Regional Expert Group on Migrant Health conducted research in two EECA countries, Armenia and Uzbekistan. The aim was to identify the legal barriers to HIV faced by citizens of the countries who have returned from migration.

Challenges for migrants with HIV

Social isolation and stigmatization, lack of permanent relationships, language barriers, unstable material resources, and limited access to health care services are the main challenges faced by labour migrants with HIV.

Inability to obtain a legal patent because of HIV infection leads to administrative offences:

Among migrants: illegal labour activities, commercial sex services
Among the citizens of host countries: illegal sale of patents and HIV certificates etc.

The problem with getting ARV treatment leads to resistance and a general deterioration of the health of migrants living with HIV. This ultimately increases the burden on the health care system: patients’ opportunistic infections need to be intensified, ART regimens need to be changed, etc. Moreover, returning migrants contribute to the spread of HIV in their home countries.

Currently, the Russian Federation, which receives the largest number of migrants from the EECA region, is one of 19 countries that restrict the stay of foreign nationals with HIV. People living with HIV entering Russia specify visiting relatives, tourism/travel or medical treatment as the purpose, rather than employment.

At the end of 2021, a law came into force in the Russian Federation which requires foreign nationals to be tested for HIV, banned substances and dangerous infectious diseases every 3 months. But foreign business associations, as well as the media, have reacted quite sharply to the Russian law. The business community sent a letter to the Russian Government asking it to simplify the rules and not to subject highly qualified specialists to testing.

Законодательные барьеры для мигрантов с ВИЧ не работают

Законы, которые ограничивают пребывание в стране иностранных граждан с ВИЧ, а также отказ в бесплатной медицинской помощи, могут быть одной из причин скрытой эпидемии, пишет Региональная Платформа ВЕЦА.

Региональная экспертная группа по здоровью мигрантов провела исследование в двух странах ВЕЦА — Армении и Узбекистане. Целью было определить правовые барьеры в связи с ВИЧ, с которыми сталкиваются граждане стран, вернувшиеся из миграции.

Проблемы мигрантов с ВИЧ

Социальная изоляция и стигматизация, отсутствие постоянных отношений, языковой барьер, нестабильный материальный уровень, ограниченный доступ к медицинским услугам — основные проблемы, с которыми сталкиваются трудовые мигранты с ВИЧ.

Невозможность получения легального патента из-за наличия ВИЧ-инфекции ведет к административным правонарушениям:

среди мигрантов: незаконная трудовая деятельность, коммерческие секс-услуги;
среди граждан принимающей страны: нелегальная продажа патентов и сертификатов об отсутствии ВИЧ-инфекции и т.д.

Проблема с получением АРВ-терапии приводит к резистентности и общему ухудшению здоровья мигрантов, живущих с ВИЧ. Это в конечном итоге повышает нагрузку на систему здравоохранения: необходимо усиливать лечение оппортунистических инфекций пациентов, менять схему АРВТ и т.д. Более того, вернувшиеся домой мигранты способствуют распространению ВИЧ в своих странах.

В настоящее время Российская Федерация, принимающая наибольшее количество мигрантов из региона ВЕЦА, является одной из 19 стран, которые ограничивают пребывание иностранных граждан с ВИЧ. Люди, живущие с ВИЧ, въезжая в Россию, указывают в качестве цели не трудоустройство, а посещение родственников, туризм/путешествие или лечение.

В конце 2021 года в РФ вступил в силу закон, согласно которому иностранные граждане обязаны каждые 3 месяца сдавать анализ на ВИЧ, запрещенные вещества и опасные инфекционные заболевания. Но зарубежные бизнес-ассоциации, а также СМИ достаточно остро отреагировали на российский закон. Бизнес-сообщество направило письмо в Правительство РФ с просьбой упростить правила и не подвергать проверке высококвалифицированных специалистов.

US: Women account for 62 percent of HIV-related arrests despite making up just 17 percent of Kentucky’s HIV-positive population

Two-thirds of HIV-related arrests in Kentucky are women, study finds

Women account for 62 percent of HIV-related arrests despite making up just 17 percent of the state’s HIV-positive population, according to a report by the Williams Institute.

Story at a glance

At least 32 people have been arrested since 2006 under Kentucky laws that criminalize people living with HIV.
All but one of those arrests were related to sex work, and, in 44 percent of arrests, the HIV-related offense was the only reason for contact with law enforcement.
People living with HIV in Kentucky may face felony charges which carry a prison sentence of up to five years for engaging in sex work or donating blood, tissues, or organs.

Women account for nearly two-thirds of HIV-related arrests in Kentucky, new research has found, even though less than a quarter of the state’s population of people living with HIV are women.

At least 32 people have been arrested since 2006 under Kentucky laws that criminalize people living with HIV, according to a report by the Williams Institute, a public policy think tank studying issues related to sexual orientation and gender identity.

Women account for 62 percent of those arrests despite making up just 17 percent of the state’s HIV positive population, according to the report, which uses Uniform Crime Reporting data collected by Kentucky State Police.

All but one of the arrests were related to sex work, and, in 44 percent of HIV-related arrests, the HIV-related offense was the sole reason for contact with law enforcement.In Kentucky, people living with HIV, which lives in the blood and other bodily fluids, who engage in sex work or donate blood, tissues, or organs may face Class D felony charges, which carry a prison sentence of one to five years.

More than 15 percent of HIV-related arrests were “almost certainly for conduct that did not involve sex acts,” according to the report, which noted that arrests for allegations of sex work do not need to include actual sex acts.

“A person can be arrested for sex work in the state without engaging in actual sex acts,” the study’s lead author, Nathan Cisneros, said in a statement. “That means Kentucky law can apply a felony charge — which carries a prison term of up to five years — to people living with HIV without requiring actual transmission or even the possibility of transmission.”

More than two-thirds of U.S. states and territories have enacted HIV criminal laws, according to the Centers for Disease Control and Prevention.

US: Arrests for HIV crimes fell disproportionately on Black men in Virginia

Black people account for 68% of HIV-related arrests in Virginia

Incarcerating people for HIV-related offenses has cost Virginia at least $3.2 million.

LOS ANGELES – Since 2001, at least 97 people have been arrested under Virginia laws that criminalize people living with HIV, hepatitis B, and syphilis, according to a new report by the Williams Institute at UCLA School of Law. HIV-related crimes are disproportionately enforced on the basis of race and sex, with Black men being the most likely to be arrested and convicted.

Using data obtained from the Criminal Justice Information Services Division of the Virginia Department of State, researchers found that charges were filed in over 70% of HIV-related arrests in Virginia and more than half of them resulted in a guilty outcome, resulting in sentences averaging 2.1 years.

HIV criminalization is a term used to describe laws that either criminalize otherwise legal conduct or increase the penalties for illegal conduct based upon a person’s HIV-positive status. More than two-thirds of U.S. states and territories have enacted HIV criminal laws.

Until this year, Virginia’s HIV criminalization statute contained a felony provision—which prohibited people living with HIV, Hepatitis B, or syphilis from engaging in sexual activity of any kind with the intent to transmit the infection—and a misdemeanor charge for engaging in sexual activity without disclosing a positive status.

“In reality, people have been charged with felony crimes under Virginia’s HIV criminal laws simply for not disclosing their status,” said lead author Nathan Cisneros, HIV Criminalization Analyst at the Williams Institute. “For two decades, Virginia law has singled out people living with HIV for criminal prosecution without requiring actual transmission or even the possibility of transmission. Moreover, the law ignored whether the person living with HIV is in treatment and virally suppressed, and therefore cannot transmit HIV.”

KEY FINDINGS

At least 97 people in Virginia have been arrested for HIV-related criminal offenses since 2001.
Black people account for 20% of Virginia’s population, but 58% of the state’s people living with HIV, and 68% of all those arrested for HIV-related offenses.
Men comprise 75% of people living with HIV in Virginia, but 87% of people arrested for HIV-related offenses.
- Black men are 40% of people living with HIV in Virginia, but 59% of all people arrested for HIV-related offenses.
Nearly one-fifth (18%) of those arrested for HIV-related crimes had no other criminal history.
Charges were filed in over 70% of HIV-related arrests in Virginia. And over half (54%) of all charges filed resulted in a guilty outcome.
Guilty outcomes resulted in an average sentence of 2.1 years.
Incarcerating people for HIV-related offenses has cost Virginia at least $3.2 million.

Virginia is one of four states, including Missouri, Illinois, and Nevada, to modernize its HIV criminal laws in 2021. Virginia’s new law only criminalises actual, intentional transmission, which remains a felony, and it removes HIV-specific language. Virginia also revised its donation law to align with the federal HIV Organ Policy Equity Act.

Read the report