People Against Prisons Aotearoa

Abolitionist Demands 17: Decriminalise HIV transmission.

This is a part of No Pride in Prisons’ Abolitionist demands. These demands were originally published as a book. To see a pdf of the book, click here. To buy a copy, please email info@noprideinprisons.org.nz

In New Zealand, people living with HIV are legally obligated to disclose their HIV status before having unprotected vaginal or anal sex.^[1] Contrary to its aims, this is a damaging, stigmatising law that does little to prevent the spread of HIV or to address the broader social issues surrounding transmission. Criminalising HIV transmission simply deepens the stigma suffered by those who are HIV-positive, and imbues the fear that one’s HIV status may be used against them in the Criminal Injustice System.^[2] As such, it may discourage people from seeking out testing or counselling, and creates distrust in the relationships of HIV-positive people with their partners and healthcare providers.^[3]

Further, the criminalisation of HIV transmission does not account for or address the fact that many HIV-positive people do not know their HIV status, and particularly so during the first few months after infection.^[4] This is also the time when there is highest risk of transmission.^[5] In this sense, the criminalisation of HIV transmission is an ineffective if not counter-productive way to combat the spread of HIV.  In effect, all it does is criminalise HIV-positive people. Overseas, these kinds of measures have been used to target gay men, sex workers, and trans women,^[6] who have among the highest HIV rates in the world while also experiencing discrimination in healthcare and other social services.^[7] It is also worth noting that, according to studies conducted abroad, HIV rates are very high among incarcerated people, who are not given sufficient access to safer sex options or healthcare.^[8]

Decriminalising HIV transmission is therefore a step towards facilitating open, honest, and respectful treatment and prevention of HIV. It is also essential in undoing the stigma faced by HIV-positive people in relationships, social services, healthcare, and the Criminal Injustice System.

^[1] Body Positive New Zealand, “HIV & Disclosure,” Body Positive New Zealand, 15 April 2016. http://www.bodypositive.org.nz/Pages/HIV_and_Disclosure/.

^[2]Open Society Institute, 10 Reasons to Oppose the Criminalization of HIV Exposure or Transmission, (New York: Open Society Institute, 2008), 10.

^[3] ibid.

^[4] Anna Satcher Johnson et al., “Monitoring Selected National HIV Prevention and Care Objectives by using HIV Surveillance Data,” HIV Surveillance Supplemental Report 19, no. 3 (2014): 12.

^[5] AIDS.gov, “Stages of HIV Infection,” AIDS.gov, 27 July 2016. https://www.aids.gov/hiv-aids-basics/just-diagnosed-with-hiv-aids/hiv-in-your-body/stages-of-hiv/.

^[6] Open Society Institute, 10 Reasons to Oppose the Criminalization of HIV Exposure or Transmission, (New York: Open Society Institute, 2008), 17.

^[7] Centers for Disease Control and Prevention, “HIV Risk Among Adult Sex Workers in the United States,” Centers for Disease Control and Prevention, 28 July 2015. http://www.cdc.gov/hiv/group/sexworkers.html.

^[8] Ibid.