Criminalising HIV transmission: punishment without protection

Brown, Widney; Hanefeld, Johanna; Welsh, J. P.

doi:10.1016/s0968-8080(09)34477-8

Cited by 14 publications

(7 citation statements)

References 2 publications

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“…We found that close to half of the population perceived intentional transmission of HIV, even though previous research has suggested that actual intentional transmission of HIV is rare. w12 This finding may have important implications for how intervention programmes are designed for MSM living with HIV.…”

Section: Discussionmentioning

confidence: 99%

Perceived intentional transmission of HIV infection, sustained viral suppression and psychosocial outcomes among men who have sex with men living with HIV: a cross-sectional assessment

2017

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Section: Discussionmentioning

confidence: 99%

Perceived intentional transmission of HIV infection, sustained viral suppression and psychosocial outcomes among men who have sex with men living with HIV: a cross-sectional assessment

2017

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“…At the same time discriminatory practice of law and policies continues. Especially criminal law has increasingly been applied to penalise the transmission of HIV or groups or behaviour believed to be at high risk . This has in many cases limited people's ability to access services, where they have to fear prosecution.…”

Section: Background – Rights Based Approaches To Health and The Rightmentioning

confidence: 99%

“…Especially criminal law has increasingly been applied to penalise the transmission of HIV or groups or behaviour believed to be at high risk. 35 This has in many cases limited people's ability to access services, where they have to fear prosecution. Laws criminalizing HIV transmission and populations considered to be at high risk of HIV infection exist in more than 160 countries.…”

Section: Application In Practicementioning

confidence: 99%

Considerations for a Human Rights Impact Assessment of a Population Wide Treatment for HIV Prevention Intervention

Hanefeld¹,

Bond²,

Seeley³

et al. 2013

Developing World Bioethics

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Increasing attention is being paid to the potential of anti-retroviral treatment (ART) for HIV prevention. The possibility of eliminating HIV from a population through a universal test and treat intervention, where all people within a population are tested for HIV and all positive people immediately initiated on ART, as part of a wider prevention intervention, was first proposed in 2009. Several clinical trials testing this idea are now in inception phase. An intervention which relies on universally testing the entire population for HIV will pose challenges to human rights, including obtaining genuine consent to testing and treatment. It also requires a context in which people can live free from fear of stigma, discrimination and violence, and can access services they require. These challenges are distinct from the field of medical ethics which has traditionally governed clinical trials and focuses primarily on patient researcher relationship. This paper sets out the potential impact of a population wide treatment as prevention intervention on human rights. It identifies five human right principles of particular relevance: participation, accountability, the right to health, non-discrimination and equality, and consent and confidentiality. The paper proposes that explicit attention to human rights can strengthen a treatment as prevention intervention, contribute to mediating likely health systems challenges and offer insights on how to reach all sections of the population.

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“…33 Between these extremes, some international bodies have suggested that criminal sanctions should only apply if the victim actually becomes infected with HIV. 34 The difficulty concerns the following questions. In what circumstances is the transmission of HIV a criminal offence?…”

Section: Criminalisation Of Exposure To and Transmission Of Hivmentioning

confidence: 99%