Stigma Index

Crime and Punishment

There have always been controversial issues surrounding HIV - from the ability of young people to access condoms and other sexual and reproductive health services, to a truly human rights based response for sex workers, men who have sex with men and injecting drug users. One of the most challenging issues facing the world today is the criminalization of HIV transmission.

Legislation criminalizing the deliberate or reckless transmission of HIV may at first glance appear ‘logical' and a good way of preventing the onward transmission of HIV. However, looking more closely at the consequences of such legislation, it is clear that it does not serve the interests of public health. Making HIV transmission a criminal offence can remove incentives for HIV testing, undermine trust in healthcare providers, and disrupt access to HIV prevention, treatment and care, all of which increase the spread of HIV.

Prosecutions for HIV transmission have stirred up a great deal of confusion. There is a lack of understanding of scientific evidence and the legal meanings of terms such as ‘harm,' ‘transmission' and ‘intent'. Some countries use existing laws but often these laws were not designed to deal with cases of HIV transmission. Other countries have exacted specific HIV law but these appear especially punitive.

Irrespective of the mechanism, criminalising HIV transmission has no place in a comprehensive HIV response as it deepens the stigma and discrimination faced by people living with HIV. Instead of encouraging the estimated 90% of people who remain unaware of their HIV status to seek out voluntary counselling and testing, criminalization will ensure that ignorance remains blissful. IPPF believes that there should be no legislation criminalizing HIV transmission and alternatives to criminal law must be sought to resolve such conflicts.

Kevin Osborne is the Senior HIV Advisor at IPPF