Posts
On October 5—in what HIV/AIDS
activists call “a partial victory—the Supreme Court of Canada ruled that people
with low levels of HIV who use condoms during sex do not have a duty to
disclose their condition to sexual partners. The court—in a 9–0 ruling—reasoned
that the decision reflects medical advances in treating the virus that causes
AIDS.
HIV/AIDs activists sought to
overturn court’s 1998 decision that held that people with HIV must divulge
their condition to their sex partners or face a charge of aggravated sexual
assault, a charge which can carry a maximum life sentence. The activists
claimed that the 1998 ruling has been applied unevenly and created confusion.
The court did not denote in the new
ruling what “acceptably low HIV levels” are, but noted that HIV’s
transmissibility is proportional to the level of HIV in a patient's
bloodstream. Also, a patient’s HIV levels shrink significantly when undergoing
antiretroviral treatment.
The Supreme Court of Canada
considered two separate cases where prosecutors argued that HIV carriers have a
duty to inform their partners regardless of the risk, so partners can make an
informed decision. The Supreme Court of Canada held that three
convictions—overturned on appeal—in which an HIV-infected Manitoba man did not
use a condom should be restored, but upheld the acquittal in which the
defendant did use a condom. The Supreme Court upheld an HIV-infected Quebec
woman’s acquittal on appeal in a case where her HIV levels were undetectable
during the period that the charges covered.
The Canadian HIV/AIDS Legal Network
issued a statement that “In practice, today’s ruling means that people risk
being criminally prosecuted, even in cases where they exercised responsibility
and took precautions, such as using condoms, which are 100 percent effective
when used properly.” The group warned that the decision “will seriously
undermine public health.”
The Friends of AIDS Foundation is
dedicated to enhancing the quality of life for HIV positive individuals and
empowering people to make healthy choices to prevent the spread of the HIV
virus. To learn more about The Friends of AIDS Foundation, please visit: http://www.friendsofaids.org.
TOGETHER WE REMAIN STRONG!
