Individual Rights and the Negotiation of Governmental Power

Young, Diana

doi:10.1177/0964663914544900

Cited by 5 publications

(2 citation statements)

References 28 publications

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“…Although the SCC determined that HIV nondisclosure constitutes fraud, we heed Young's (2015) position that this legal reasoning fails to account for the fact that people often engage in sex without disclosing personal, sensitive information about themselves. For example, a criminal record, history of addiction or past sexual behaviour in which they were unfaithful or failed to engage in safer sex practices might dissuade a sexual partner from consenting to sex.…”

Section: Emotional Attachments To and The Harmful Effects Of Lawmentioning

confidence: 99%

Prosecuting and Propagating Emotional Harm: The Criminalisation of HIV Nondisclosure in Canada

Bogosavljevic

Kilty²

2023

Can. j. law soc.

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This article explores emotional harm in the context of the criminalization of HIV nondisclosure in Canada. With the exception of Matthew Weait in the United Kingdom, few scholars have examined what harm means in cases of HIV nondisclosure. We conceptualize the harm that follows nondisclosure as an affective response to the “HIV positive Other” and argue that law creates a legal norm about what harm is and feels like in cases of HIV nondisclosure when there is no clear consensus about how harm should be defined. Mobilizing the sociology of emotions literature, we contend that criminalizing HIV nondisclosure engages affective, moral, and criminal censure to regulate the behaviours of people living with HIV/AIDS (PLWH), thus reproducing HIV stigma and propagating emotional harm for PLWH. Canada’s response to HIV nondisclosure should instead involve a transformative justice approach that avoids the harm of criminalization and imprisonment while recognizing the emotional harm experienced by complainants.

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Section: Emotional Attachments To and The Harmful Effects Of Lawmentioning

confidence: 99%

Prosecuting and Propagating Emotional Harm: The Criminalisation of HIV Nondisclosure in Canada

Bogosavljevic

Kilty²

2023

Can. j. law soc.

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“…Policy was an important theme within the literature. There were varying policy issues presented, including: how policy has failed to address the overarching issues underlying HIV infections within Canada (Frohlich et al, 2006;McCall et al, 2009;Teengs & Travers, 2006); issues of HIV-disclosure policies (Canadian HIV-AIDS Legal Network, 1999;Eustace & Ilagan, 2010;Young, 2014); drug policy (Anema et al, 2013;Brown Jr et al, 2006;O'Shaughnessy, Hogg, Strathdee, & Montaner, 2012;Vogel, 2010); and how policy can be used to target specific HIV demographics Hankard, 2013;Jaworsky et al, 2012).…”

Section: Policymentioning

confidence: 99%

First Nations health policy and funding: consequences for those living With HIV/AIDS

Hillier¹

2021

Preprint

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In 2014-2015 Indigenous Peoples represented 17.5% of all HIV infections in Canada, yet accounted for only 4.3% of the population. In 2008, Indigenous Peoples accounted for an estimated 3.2% of people living with HIV in Ontario, while comprising 2.4% of the population. From 2009 to 2011, 2.7% of new HIV diagnoses in Ontario were Indigenous Peoples, of whom 7.2% were women. This research study sought to assess the efficacy of funding for HIV/AIDS treatment, services, programming, and care within Ontario First Nations communities. This research will improve understanding of services available to people and communities affected by the HIV/AIDS epidemic. The Indigenous based method of storytelling and freedom of information requests were used to capture data. Ontario First Nations people who were at least 16 years of age and living with HIV/AIDS (n=29) participated. Participants were asked five open-ended questions related to their use of and access to healthcare services. Stories were transcribed and analysed using NVivo. Transcriptions also form the bases of re-written first-person stories, detailing the life and experiences of the participants and their experiences of living with HIV/AIDS and accessing treatment, services, programming, and care. It was found that the federal government drastically underfunds HIV/AIDS treatment and services. This is given context by powerful stories of the impact limited funding has on Indigenous people living with HIV/AIDS. Participants experienced issues with access to care and supports with many forced to leave their northern communities, either permanently or temporarily, due to limited access to care. HIV-related stigma played a role in access to prevention, testing, and care. Participants indicated difficulties with HIV education either in understanding their own HIV status or in the lack of education within the broader community. Historical traumas (residential schooling and the 60s scoop) and discrimination were central themes to many stories, seriously affecting the lives of participants and their overall health outcomes. The dissertation/project culminates in a list of recommendations aimed at informing a process to improve access and quality of health care for Indigenous Peoples living with HIV/AIDS. Greater access to community-based, holistic care in northern First Nations communities is urgently required.

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Making Science Count: Significant Risk, HIV Non-disclosure and Science-Based Criminal Law Reform: A Reflexive Analysis

Mykhalovskiy¹

2016

Criminalising Contagion

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Individual Rights and the Negotiation of Governmental Power

Cited by 5 publications

References 28 publications

Prosecuting and Propagating Emotional Harm: The Criminalisation of HIV Nondisclosure in Canada

Prosecuting and Propagating Emotional Harm: The Criminalisation of HIV Nondisclosure in Canada

First Nations health policy and funding: consequences for those living With HIV/AIDS

Making Science Count: Significant Risk, HIV Non-disclosure and Science-Based Criminal Law Reform: A Reflexive Analysis

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