The International Community of Women Living with HIV (ICW) has amended their policy statement on the criminalization of women living with HIV for non-disclosure, possible or perceived exposure, and transmission.
The statement identifies numerous challenges with widespread HIV criminalization, but it stands out for highlighting problems that are particularly pertinent to women living with HIV:
Importantly, rather than stopping HIV transmission, fear of punishment may prevent women from getting the medicine and assistance they need, discourage disclosure, and make them more vulnerable to violence. Criminalization is frequently presented as a means of defending women who are the victims of sexual assault or intimate relationship violence. However, in fact, the same rules that were meant to safeguard women frequently put them at an increased risk for violence and a rise in HIV stigma.
The criminalization of mothers for HIV transmission and/or exposure serves to further increase stigma for positive women who want to have children or who are pregnant, by blaming women for transmission.
ICW recommends the following:
- Specifically, regulations that target women or individuals with HIV for prosecution or harsher penalty based solely on their HIV status should be repealed. Laws that criminalize non-intentional HIV exposure or transmission should also be repealed.
- Educate women on the criminal context of HIV exposure and transmission.
- Adopt laws that support gender equality in the criminal justice system.
- Eliminate all legislation that disproportionately target underprivileged populations and women with HIV.
- Encourage neighborhood-based awareness programs to address criminalization as a violation of human rights.
- Health care professionals and other support staff should get training to ensure that HIV-positive women’s privacy is safeguarded.
- Increase legal assistance for HIV-positive women who are being prosecuted under these unjust laws.