women and the criminalisation of hiv transmission : law reform setbacks and successes johanna kehler...

Women and the criminalisation of HIV transmission:

Law reform setbacks and successes Johanna Kehler

AIDS Legal Network

Women & Criminalisation of HIVAIDS2010 Vienna

Criminalisation of HIV Transmission

Criminalisation Laws

Unjust and ineffective public health policy

A threat to human rights

An adverse effect on women

Women & Criminalisation of HIVAIDS2010 Vienna

Criminalisation of HIV Transmission

Legislative Trends

Growing number of countries criminalise HIV transmission

Criminalisation often linked to

Mandatory and/or compulsory HIV testing

Disclosure and/or partner notification

Women & Criminalisation of HIVAIDS2010 Vienna

Criminalisation of HIV Transmission

Concerns & Challenges

Often supported by ‘women’s rights’ organisations

Fuels the ‘divide’ between public health needs and human rights obligations

Lack of large-scale ‘evidence base’

Women & Criminalisation of HIVAIDS2010 Vienna

Women and Criminalisation of HIV

Women’s Realities

61% of all people living with HIV are women

Gendered inequalities and power relations

Gender violence

Least in control over their bodies and decisions

Women & Criminalisation of HIVAIDS2010 Vienna

Women and Criminalisation of HIV

Women’s Realities

Women are

First to know

Blamed

‘Forced’ to test

‘Unable’ to negotiate safer sex

Women & Criminalisation of HIVAIDS2010 Vienna

Women and Criminalisation of HIV

Implications for Women

Heighten women’s risks of HIV and rights abuses

Heighten the risk of violence and abuse women face

Strengthen prevailing gendered inequalities and related rights abuses in families, communities and healthcare settings

Women & Criminalisation of HIVAIDS2010 Vienna

Women and Criminalisation of HIV

Implications for Women

Further promote stigma, discrimination and other violation of rights

Deter women from accessing HIV prevention, testing, care and support services

Women & Criminalisation of HIVAIDS2010 Vienna

Successes and Setbacks

Successes None thus far

Non-inclusion of criminalisation clauses

Removing criminalisation clauses

Setbacks

Impact on women

Impact on AIDS response

Threat to human rights

Women & Criminalisation of HIVAIDS2010 Vienna

We need supportive legislation, not laws that further criminalise

women!

THANK YOU