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Women and the criminalisation of HIV transmission : Law reform setbacks and successes

Women and the criminalisation of HIV transmission : Law reform setbacks and successes. Johanna Kehler AIDS Legal Network. Criminalisation of HIV Transmission. Criminalisation Laws Unjust and ineffective public health policy A threat to human rights An adverse effect on women.

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Women and the criminalisation of HIV transmission : Law reform setbacks and successes

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  1. Women and the criminalisation of HIV transmission:Law reform setbacks and successes Johanna Kehler AIDS Legal Network

  2. 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 HIV

  3. 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 HIV

  4. 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 HIV

  5. 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 HIV

  6. 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 HIV

  7. 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 HIV

  8. 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 HIV

  9. Successes None thus far Non-inclusion of criminalisation clauses Removing criminalisation clauses Setbacks Impact on women Impact on AIDS response Threat to human rights Successes and Setbacks Women & Criminalisation of HIV

  10. We need supportive legislation, not laws that further criminalise women!THANK YOU Women & Criminalisation of HIV

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