Researchers say scientific evidence does not support criminalisation of HIV

Twenty of the world’s leading HIV scientists have launched an evidence-based consensus that systematically refutes the rationale for laws that criminalise HIV transmission.

The Expert Consensus Statement on the Science of HIV in the Context of Criminal Law and an accompanying editorial were published in the Journal of the International AIDS Society (JIAS).

Speaking at the World AIDS Conference in Amsterdam, the scientists raised their concern that criminalisation laws were partly because of a poor understanding of the current science around HIV. The experts said they hoped their strong statement would help inform lawmakers around the globe.

According to the Expert Consensus Statement, at least 68 countries criminalise HIV non-disclosure, exposure or transmission. Another 33 countries are known to have applied other criminal law provisions in similar cases.

People living with HIV continue to be accused, arrested, prosecuted and/or convicted for non-disclosure, possible or perceived exposure or transmission of HIV in cases where: no harm was intended; HIV transmission did not occur, was extremely unlikely or impossible; and transmission was neither alleged nor proven.

Expert Consensus Statement co-author and IAS President Linda-Gail Bekker (pictured above) said laws which criminalise HIV were ineffective.

“Simply put, HIV criminalisation laws are ineffective, unwarranted and discriminatory,”Professor Bekker said. “In many cases, these misconceived laws exacerbate the spread of HIV by driving people living with and at risk of infection into hiding and away from treatment services.”

The 20 co-authors of the Expert Consensus Statement include Nobel Laureate Françoise BarrŽ-Sinoussi of the Pasteur Institute, Salim Abdool Karim of Columbia University, Chris Beyrer of John Hopkins University, Pedro Cahn of Buenos Aires University, Peter Godfrey-Faussett of the London School of Hygiene and Tropical Medicine, Julio Montaner of the University of British Columbia and other leading global scientists with expertise in research, epidemiology and patient care.

The Expert Consensus Statement has been endorsed by the International AIDS Society, International Association of Providers of AIDS Care, Joint United Nations Programme on HIV/AIDS and other organisations and scientists.

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