Posts
Sonia Gupta, founder and CEO of
United Against Infectious Diseases, writes that currently the laws and policies
regarding HIV vary throughout the United States. She traces the history of the
disease from 1981 to the present, and how laws were shaped in response to
knowledge or lack of knowledge about HIV and AIDS. Gupta states that laws are
critical in designing and shaping the nation’s approach to the disease. She
regards the laws as a direct reflection of the nation’s standards, values, and
outlook, and believes laws can positively or negatively influence the HIV
prevalence rate and level of discrimination.
Gupta examines the various laws and
policies on HIV/AIDS in the United States and proposes that the criminalization
of HIV through laws may help perpetuate the stigma and discrimination
associated with the disease. She endorses the Repeal Existing Policies that
Encourage and Allow Legal HIV Discrimination ACT (REPEAL HIV Discrimination
Act)—introduced by Rep. Barbara Lee (D-Calif.)— as an important opportunity to
review all federal and state laws, policies, and regulations that promote
criminal prosecution of people for HIV-related issues. Gupta explains why
changing these laws are necessary to stop or prevent further criminalizing of
HIV transmission based on exposure to the disease. She notes that many of these
laws were adopted before there was effective treatment for HIV and that the
laws need to be revised and updated based on new knowledge and medical
advances.
Gupta lists reasons for changing the
laws—including criminalization and punishment in cases where there was not
intentional transmission, in contradiction of the UNAIDS policy brief on
“Criminalization of HIV Transmission.” She cites specific examples of how state
laws criminalize HIV-infected persons, including ignoring the use of male or
female condoms in state laws as evidence that the transmission was
unintentional and treating the body fluids of HIV-positive individuals as a
“deadly weapon,” which causes them to be charged for aggravated assault,
attempted murder, and even bioterrorism. Also, studies show that HIV-specific
laws do not have significant effect on the behavior of people with or at risk
of contracting HIV.
Gupta states that criminalizing HIV
exposure or transmissions is not beneficial as it does not reduce the spread of
the disease. It undermines prevention efforts; promotes fear and stigma that
may propel individuals away from testing, counseling, and support; endangers
and oppresses women; is drafted and applied too broadly and unfairly; punishes
behavior that is not to blame; and ignores the real challenges of HIV
prevention. She notes that the Global Commission on HIV and the Law and the
National Alliance of State and Territorial AIDS Directors have taken steps to
address HIV discrimination through the law and encourages readers to support
the REPEAL HIV Discrimination Act as a means of removing HIV discrimination
from the US legal system.
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!
