Law on Aids
Primary health care and a range of services are essential to sexual and reproductive health. For example, the availability of prevention methods such as male and female condoms is essential for a comprehensive, effective and sustainable approach to HIV prevention and maintaining sexual health during the pandemic. High-quality, inexpensive condoms can significantly reduce the risk of HIV transmission when used correctly and consistently.39 Race and sexuality also play a role in the court of public opinion, says Kenyon Farrow, editor of the HIV-focused website The Body. In one illustrative case in 2013, Farrow says, police (and media reported) said a Missouri man named David Mangum was arrested on HIV-related charges that he exposed more than 300 men to the virus. Eventually, Mangum told an affidavit judge that his actual number of sexual partners was closer to 12, and he was convicted of exposure on just two counts. In another Missouri case, that of student Michael Johnson, prosecutors described the size of Johnson`s penis in graphic detail and showed screenshots of videos containing his genitals. For more information, see Your Rights Under Section 504 of the OCR and the Americans with Disabilities Act. In the midst of these steps, however, proponents debate what an ideal reform looks like: is it enough, for example, to say that people with an undetectable viral load should be exempted? Or does linking laws to viral levels simply stigmatize those who don`t have access to treatment? Approaches to condom access differ from country to country. Some countries have enacted laws and policies that promote the accessibility and availability of condoms.40 Others perpetuate inaccessibility by not allocating resources to condoms, restricting advertising and education campaigns, or criminalizing their possession.
The United States has been heavily criticized for restricting access to condoms by requiring that 33 percent of prevention funds be used for abstinence education as part of its president`s emergency AIDS program.  Some religious hierarchies have scaled back efforts to expand access to condoms and sex education, particularly the Catholic Church, which opposes condom use.42 “Psychologists are unique in conducting the behavioral and social science research needed in this area. says psychologist Tiffany Chenneville of the University of South Florida, PhD, chair of the APA`s Committee on Psychology and AIDS. Different psychology disciplines can provide insight into topics relevant to discussions of HIV criminalization laws. For example, social psychologists can examine the effects of HIV criminalization laws on HIV-related stigma and discrimination, while forensic psychologists can examine the effects of HIV-related stigma on jury perception in cases involving charges related to existing HIV criminalization laws. “HIV Criminalization in the United States: A Sourcebook on State and Federal HIV Criminal Law and Practice Center on HIV Law and Policy, 2017 General criminal laws, such as reckless endangerment and attempted murder, can be used to criminalize behaviors that may expose others to HIV and/or an STD. Many states have laws that fall into more than one of the categories listed above. For the purposes of this analysis, only HIV-specific laws are registered for states that have both HIV-specific laws and STD/communicable/infectious disease laws. Only HIV or STD/communicable/infectious disease laws are covered for states with HIV or STD/communicable/infectious disease laws and penalty augmentation laws. The following resources provide a general overview of HIV criminalization in the United States. Specifically, these resources delve into HIV science, provide basic literature on the history and practices of HIV criminalization, and the current state of HIV criminalization laws and laws in the United States.
Without intervention, the risk of an HIV-positive pregnant woman transmitting the virus to her fetus in the womb or during childbirth ranges from 15% to 30%. The risk of transmission increases by 20% to 45% when the mother breastfeeds her child.46 Peripartum administration of antiretroviral drugs to the mother, infant, or both is a cost-effective strategy that can reduce the risk of transmission to less than 2%.47 The effectiveness of this regimen in controlling HIV infection and limiting mother-to-child transmission has led many legislators and health policy experts to Public at: 48 Learning Objectives: After reading this article, continuing education candidates will be able to: There is a growing awareness that HIV exposure laws are a problem, Bouulton says. In 2014, the Ministry of Justice published a best practice guide urging laws to be updated to include condom use, pre-exposure prophylaxis and antiretroviral therapy, the latter of which can make transmission impossible. A 2016 APA resolution opposes HIV exposure laws. Other organizations that have made statements against the laws include the Association of Nurses in AIDS Care, the HIV Medicine Association and the National Alliance of State and Territorial AIDS Directors. In March, a commentary by researchers at George Mason University and Columbia University in the New England Journal of Medicine called for the repeal or amendment of the laws (NEJM, Vol. 378, 2018). Our assessment of rights, sexual and reproductive health and HIV/AIDS identifies opportunities and barriers to prevention and treatment. We support several broad initiatives to promote the role of the law in mitigating the HIV/AIDS pandemic among women and children: a comprehensive assessment of HIV-related laws and policies, the expansion of legally protected access to HIV/AIDS-related health services, and the universal application of human rights and anti-discrimination laws.