The previous instalment of this blog detailed the criminal law related to HIV disclosure in Canada. While media accounts of irresponsible, callous, reckless people living with HIV would have us all believe that there are legions of people out there trying to spread the virus, in reality it is rare that people intentionally seek to transmit HIV to another person. Instead, people may not to disclose their status for a number of reasons ranging from fear of rejection, concerns about others finding out about their status, fear of discrimination or violence, or the belief that the activities they are engaging in are not placing their partner at risk. Unfortunately, due to the stigma attached to HIV and the challenge this creates, many people living with HIV risk criminal prosecution when they are unable to manage these factors. While the hard line of the law on this issue presents the impression that offenders are being dealt with and HIV transmission is being stemmed, the reality on ground may be quite different.
Research in some communities has demonstrated that most HIV transmission occurs when people do not yet know their HIV status and have nothing to disclose, soon after they are infected when their viral loads spike and it is easiest to pass on the virus. Ironically, the fear of criminal prosecution makes people more fearful of HIV testing or seeking information to reduce their risks, which makes them less likely to know their status. In turn, people who do not know their status are less likely to access treatment, and more likely to be infectious, leading to higher risks of HIV transmission. Meanwhile, nasty media coverage of people living with HIV involved in criminal cases leads to even greater stigmatization, social isolation and fears of rejection on the part of people living with HIV, contributing to an increased reluctance to disclose their status.
Also, such cases provide the general public with a false sense of security, reinforcing the message that people living with HIV are required by law to disclose their HIV status and implying that those who do not disclose must be “safe”. Criminalization shifts responsibility from both partners to the person living with HIV, creating the impression that it is the sole responsibility of the positive individual to lead discussions about HIV and to discuss safer sex and reducing risks. Meanwhile, the law fails to take into account the power differentials and risks involved for people living with HIV in disclosing their status, making vulnerable groups even more vulnerable (e.g. people in abusive relationships, sex workers, prisoners).
Overall, it is unclear whether the criminalization of HIV has done more to spread HIV than to prevent its transmission. What is clear is that the impact on people living with HIV has been severe. Most people living with HIV are extremely vigilant about not putting others at risk, and about disclosing their HIV status to their sexual partners. Such laws stigmatize these well meaning individuals while undermining the support of the community. The lack of clarity in the law leaves people confused about what is required of them and worried that they may unintentionally transgress the law. In the next instalment of this blog read about how people living with HIV can protect themselves from criminal prosecution.
Sources:
Ontario Working Group on Criminal Law and HIV Exposure. The Impact of Criminalization on the AIDS Epidemic in Canada: Media Speaking Points January 2009. http://www.cdnaids.ca/web/mailouts.nsf/pages/cas-mailout-0588
0 comments:
Post a Comment