Why criminalizing HIV transmission saves no one
Based on experience, the urgent need is for information. Here are the reasons why criminalization should not occur.
Share
BUENOS AIRES, Argentina. Criminalization and highly specific legislation that places HIV-positive people in a "dangerous" position not only affects them but also marks a setback for the entire society.
For years, organizations and specialists in the field of HIV and AIDS have been emphatic in stating that criminalizing HIV transmission, far from being a solution, worsens the situation because it leads to fewer people getting tested, preventing more people from starting treatment once they know their diagnosis, and it also discourages more people from sharing their HIV status. And so, several factors primarily affect those of us living with the virus, but they also impact society as a whole.
Report by prohibiting
In Mexico, most states have articles in their penal codes that criminalize the “risk of contagion.” These texts tend to be subjective and fail to consider scientific evidence. In 2021, the Supreme Court of Justice of the Nation (SCJN) ruled against requiring couples to undergo STI testing before marriage, even going so far as to prohibit unions if the couple tested positive for “contagious” or “incurable” STIs. On that occasion, the Court stated that rather than prohibition, it is better to inform and make all available resources accessible.
Recently, the state of Nayarit took a significant step toward improving the quality of life for citizens living with HIV by removing the crime of sexual transmission from its Penal Code, "so that they are not harassed and can enjoy their right to the full development of their personality and privacy with respect." This follows similar actions by Jalisco, Aguascalientes, San Luis Potosí, and Tabasco.
Entering the discussion with Twitter as a first approach can confront us with debates, such as: "If it was broadcast, it's good that there is a condemnation."
These types of thoughts are reductionist because they don't allow for considering other issues: Did the person know they were positive? Were they detectable or undetectable? Was the non-use of prophylaxis agreed upon? How long has it been since the person who has now tested positive was last tested? Had they had other exposures to the virus?
And in cases where there was malice or ill intent, many laws address that. Asking that HIV-positive people not be criminalized is not asking that there be no justice for violent acts.
Criminalization is never the answer
1- Criminalization can reduce new diagnoses.
Lack of knowledge of one's serological status could be used as a defense against prosecution, so penalizing it with punitive laws would reduce efforts to get more people tested. "If I didn't know, I can't be accused."
A person who knows their HIV status can begin antiretroviral treatment. This eliminates any related health risks. Furthermore, most HIV-positive individuals on treatment can achieve viral suppression and thus become unable to transmit the virus during sexual activity.
2-There is no reliable way to prove that a person was the transmitter.
A phylogenetic analysis cannot conclusively prove that a person infected the plaintiff. So, how can such an accusation be proven?
3-Punitive measures do not protect against HIV, correct information does.
Scientific evidence tells us that HIV is not transmitted through saliva (kissing, spitting, biting, etc.) and that a person with an undetectable viral load does not transmit the virus. This is not only crucial when making legal decisions, but it also changes the lives of society as a whole.
4- Deliberate or malicious transmission of HIV can be punished; there are legal tools that address this. However, creating specific and stigmatizing laws about HIV and AIDS can negatively impact an entire group of people.
In other words: Nobody is saying that a person who is HIV positive or has an STI should not be judged; what is being asked is that they be judged for their actions, not for their health status.
5-Efforts should be directed towards prevention and quality of life of positive people rather than condemnation.
States should prioritize providing information, comprehensive sexuality education (CSE), all types of prophylaxis (condoms, PEP, PrEP, etc.) and promote laws that protect people in vulnerable situations.
6. If more people know their HIV-positive status, they can begin antiretroviral treatment. If more people have access to their medication, they can achieve undetectable viral loads. An undetectable person cannot transmit the virus during sexual intercourse.
Undetectable is the same as untransmittable . And even if a person's viral load is still detectable, there are many preventative measures available to avoid transmission during sexual encounters. Anyone living with HIV has the right to a full and pleasurable sex life; that is also a right.
7- Instead of protecting, hatred and stigma towards marginalized populations are reinforced.
Which cases go to trial? Who are the people being tried? Often, these laws are applied to people without resources or the means to respond. They become yet another instrument of oppression and social inequality instead of the protective force they claim to be. They are used to amplify the conviction of people who have already been stigmatized and marginalized.
8- But… who is saying all this?
For years, specialists have asserted that punitivism and specific laws to criminalize the transmission of HIV and AIDS are not effective in responding to the virus.
Documents such as 'Expert Consensus Statement on HIV Science in the Context of Criminal Law', '10 Reasons to Oppose Criminalization of HIV Exposure and Transmission ', ' Criminalization of HIV Transmission - UNAIDS ', and 'Oslo Declaration on the Criminalization of HIV' are some of the various texts that bring together professional opinions on the subject.
It's never progress
“Countries that criminalize key population groups experienced less progress on goals related to HIV testing and treatment,” UNAIDS shared.
These types of measures undermine the quality of life of people living with HIV and hinder progress in eradicating the virus. “It is a violation of human rights, increases stigma, and prevents them from receiving care,” the United Nations emphasized
We are Present
We are committed to a type of journalism that delves deeply into the realm of the world and offers in-depth research, combined with new technologies and narrative formats. We want the protagonists, their stories, and their struggles to be present.
SUPPORT US
FOLLOW US
Related Notes
We Are Present
This and other stories don't usually make the media's attention. Together, we can make them known.