Opinion: On World AIDS Day, we should cease criminalizing folks with HIV

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“Let communities lead.” That’s the theme of this yr’s World AIDS Day and it’s good basic recommendation. For instance, who is aware of extra concerning the dangerous results of the criminalization of HIV non-disclosure than those that dwell with the menace of criminalization day by day? At present, we keep in mind those that have died, and people nonetheless dwelling with HIV and this extra concern.

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Sadly, though folks dwelling with HIV have at all times led the combat for legislation reform, our recommendation has but to be heeded.

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We’re folks dwelling with HIV in Canada who’ve completely different life experiences and backgrounds. However one commonality is that we, and everybody else dwelling with HIV on this nation, exist with the ever-looming risk of being criminalized due to our well being situation.

Presently, Canadian legislation says that an individual dwelling with HIV should inform their sexual accomplice about their standing earlier than partaking in exercise that poses a “lifelike risk” of transmission. This obscure however damaging legislation is out of step with worldwide human rights steerage and present science, as HIV is definitely a really troublesome virus to transmit. A correctly used condom is sufficient to stop transmission. And with antiretroviral medication, most individuals can obtain “viral suppression” — that means the variety of copies of virus of their physique is so low the virus merely can’t be handed on sexually.

And but, folks dwelling with HIV in Canada nonetheless proceed to be singled out for legal prosecutions, convictions and imprisonment for allegedly not disclosing their HIV standing in consensual sexual encounters. Individuals have been charged and convicted even when there was no HIV transmission and definitely no intent to transmit. How can this be seen as “justice”?

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From our perspective, navigating private relationships will be actually difficult for folks dwelling with HIV. Each step comes with threat, from the fixed selections about who to share your standing with, when and methods to disclose, to the concern that your standing might be used in opposition to you should you belief the fallacious particular person.

The specter of criminalization implies that a few of our most private conversations — about bodily intimacy and disclosing well being info — should generally be both witnessed or recorded for our safety.

Any energy imbalance places us at elevated threat of violence or hurt, because the legislation will be weaponized in opposition to us. And such energy imbalances can take many troublesome types, together with a male accomplice refusing to put on a condom regardless of requests by a feminine accomplice. An allegation of non-disclosure, even when unfaithful, can result in incarceration, designation as a intercourse offender, ostracization from one’s neighborhood, and even deportation.

The “justice” system doesn’t view us as potential “victims” of that hurt, nor does it shield our lives and well-being. As an alternative, we’re considered as criminals ready to occur. That is very true for Black and Indigenous folks dwelling with HIV, who’re disproportionally charged and sentenced.

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Now we have advised our tales to policymakers repeatedly, however whether or not they’ve heard us stays to be seen. We’ve had guarantees of latest insurance policies, consultations have been launched, and legislation reform has been teased, however we’re nonetheless ready.

It has been seven years for the reason that former federal justice minister introduced her intention to look at the affect of HIV criminalization, and 6 for the reason that resulting authorities report got here out, confirming that the scenario desperately wanted to be modified. It has been greater than 4 years for the reason that Justice Committee report as soon as once more confirmed the necessity for legislation reform. It has been a yr and a half for the reason that authorities of Canada introduced its public consultations on HIV legislation reform, and nearly a full yr since these concluded. And but we’re nonetheless ready for change.

They inform us that our lives matter, that we matter, however we’d like the actions to match the phrases. So long as stigma stays enshrined in Canadian legislation, folks dwelling with HIV will proceed to be victimized.

This World AIDS Day, we have to see actual motion on legislation reform. That is the one technique to reduce the societal stigma we face and our every day concern of being criminalized. Being advised that reform is on its means will not be sufficient. Communities have given the federal authorities all the data it wants. Now we have been main on this subject for years and it’s now previous time for the federal government to observe that lead and let folks dwelling with HIV get on with their lives.

Muluba Habanyama, Colin Johnson and Flo Ranville are members of the Canadian Coalition to Reform HIV Criminalization.

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