Notes disease-specific laws and policies resulting in prosecutions fuel stigma and discrimination. Encourages local health departments to assist state governments to review HIV-specific criminal statutes to ensure that they are consistent with current knowledge of HIV transmission and support public health approaches to prevention and treatment.
AMA Resolution on Modernization of HIV Specific Criminal Laws
Resolution by the American Medical Association (AMA) including condemnation of HIV-based discrimination, calls for laws to be consistent with current scientific knowledge, and encouragement of public education about stigma created by HIV criminalization status and their negative consequences. (Background information provided by the Centre for HIV Law and Policy)
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Resolution Opposing HIV Criminalization
Outlines APA’s opposition to HIV criminalization, and makes a number of recommendations including law reform.
Policy Position Statement on HIV Criminalization
Opposes laws that distinguish HIV from other comparable diseases or that create disproportionate penalties for disclosure, exposure or transmission of HIV disease beyond normal public health ordinances. Supports non-punitive prevention approaches to HIV centred on current scientific understanding and evidence based research.
HIV Criminalization: A Physician’s Perspective
US physician, Dr Wendy Armstrong’s, first person account of the prosecution of one of her patients is a rare published work about HIV criminalization by a practicing HIV medical practitioner. The article walks the reader through Dr Armstrong’s experience as she is forced to testify against a patient in HIV criminalization proceedings.
HIVMA Urges Repeal of HIV-Specific Criminal Statutes
Highlights the detrimental effects of HIV-specific criminalization and supprts modernization of laws and practices to reflect current science and knowledge about HIV, the promotion of education addressing stigma associated with HIV-specific criminalization, and a federal review of federal and state laws, policies and regulations.
HIV Criminalization Laws and Policies Promote Discrimination and Must Be Reformed
States HIV criminalization laws and policies promote discrimination and hinder HIV prevention, care and treatment. Calls for law reform and education.
Controlling Sex in the Name of “Public Health”: Social Control and Michigan HIV Law
Found that local health officials’ interpretation of ‘health threat’ and understanding of the law varied. Indicates how public health institutions themselves may contribute to and facilitate enforcement of Michigan’s problematic HIV disclosure law. Shows that stigma and fear often drive community members to police HIV-positive neighbours’ disclosure practices.
National HIV/AIDS Strategy Imperative: Fighting Stigma and Discrimination by Repealing HIV-Specific Criminal Statutes
States HIV criminalisation undermines HIV prevention and sexual health messages, and breeds ignorance, fear and discrimination against people living with HIV. Argues that instead of applying criminal law to HIV transmission, governments should expand programs to reduce HIV transmission while protecting the human rights of people living with HIV.
Counselling anomie: Clashing governmentalities of HIV criminalisation and prevention
Found that HIV criminalisation is rendering disclosure counselling difficult and potentially compromising trust between healthcare workers and patients. Counsellors’ understanding of the up-to-date science of HIV transmission risk also conflicts with the need to inform clients to disclose before any kind of sex to avoid prosecution – even when condoms are used or they have a low viral load. The study concludes that it is not only difficult for counsellors to determine when to discuss legal obligations during the counselling process, but exactly how to discuss them without undermining therapeutic relationships.