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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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.

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.

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.