Conflicting messages: How criminal HIV disclosure laws undermine public health efforts to control the spread of HIV

Demonstrates how HIV disclosure laws disregard the effectiveness of universal precautions and safer sex, while criminalizing activities that are central to harm reduction efforts. Argues that criminalization uses disclosure-based HIV transmission prevention strategy as an implicit alternative to risk reduction and safer sex, undermining public health efforts. Describes how criminal HIV disclosure laws work against public health efforts to reduce HIV stigma.

The Case Against Criminalization of HIV Transmission

Argues that although criminal law has been invoked throughout the HIV epidemic, the public health community has neither favoured its use nor taken a vigorous stand against it. States criminal law cannot draw reasonable lines between criminal and noncriminal behaviour, or prevent HIV transmission. For women, it is a poor substitute for policies that go to the roots of subordination and gender-based violence.