Why HIV Criminalization Laws Do Not Work

by Elizabeth Lombino · 2011-04-08 08:32:00 UTC
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We recently reported that the U.S. Agency for International Development (USAID) has been financing HIV criminalization laws within Africa. The program, entitled Action for West Africa Region HIV-AIDS program (AWARE), has been instrumental in creating and enforcing more aggressive HIV/AIDS policies across Africa. This has translated into developing a “model” HIV-specific criminal law.

HIV criminalization in Africa is rampant and supported by many African country officials. Ugandan parliamentarians submitted a bill last year that would make HIV criminalization a law.

HIV Criminalization does not work as a means of HIV prevention. The argument for criminalization goes something like this: "If a person knows they will be punished for infecting someone with HIV, they will think twice before engaging in certain behaviors."

In reality, it is not this simple.

According to the most recent statistics, there are approximately 33.3 million people living with HIV/AIDS around the world. This is an estimation, with a range closer to 31.4 to 35.3 million. There can never be an exact number. One main reason why? Not everyone who is HIV-positive knows their status. In Uganda alone, it is estimated that 80% of people living with HIV do not know their status.

There is already a tremendous amount of fear and stigma surrounding HIV testing. Many people choose not to get tested for a variety of reasons. Not many other medical tests are linked to such a strong level of panic, avoidance and discrimination. If we add the threat of criminalization, this will certainly not improve people's feelings regarding testing.

Within Africa, stigma, panic, and hatred are at a high level. HIV criminalization laws will prevent even more people from seeking testing. HIV will spread at even more alarming rates. HIV/AIDS needs to be treated as a disease, not a weapon. This epidemic can be better understood and controlled with proper support and awareness. Encourage people to get tested for their health and wellbeing. Not demand they get tested to then be brought up on criminal charges.

Criminalization also further stigmatizes those living with HIV/AIDS. This vulnerable population needs to be treated and protected, especially within Africa. Such laws would no doubt increase stigma, violate human rights and promote intolerance. This is not an effective way to treat HIV/AIDS, nor is it a humane method of HIV treatment. In the eyes of some people, being HIV-positive already carries many unfair, ignorant labels. We cannot allow "criminal" to be added to the list of unnecessary labels.

This epidemic can be much better fought with compassion, not abhorrence.

Please join us in demanding USAID to stop funding HIV Criminalization laws in Africa!

Photo Credit: Red Ribbon Army

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