In many countries, there are laws criminalizing
people who expose others to HIV or transmit the virus via sexual intercourse.
Supporters of criminalization often claim they are promoting public health or
justify these laws on moral grounds. However, such laws do not acknowledge the
role of ART in reducing transmission risk and improving quality of life for
those living with HIV.
The past decade has seen new wave of
HIV-specific criminal legislation in parts of sub-Saharan Africa. In Western
Africa, a number of countries have passed such laws following a regional
workshop in Chad in 2004 which aimed to develop a 'model' law on HIV and AIDS
for the region.
The law guarantees pre and post-testing
counselling and anti-discrimination protections in employment and insurance for
people living with HIV. However, it holds HIV-positive people responsible for
disclosing their status to anyone they have sexual intercourse with as well as
measures to prevent HIV transmission. If they do not, they face criminal
sanctions. Under these types of laws, there is the possibility that pregnant
women living with HIV could be prosecuted for transmitting the virus to their
baby.
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