HIV Medicine Association Urges Repeal of HIV-Specific Criminal Laws. CDC, Where Are You?

The HIVMA released a powerful public statement in late October 2012 explaining its opposition to HIV criminalization, and taking a stand on action that should be taken to redress the overuse of the criminal law against people with HIV in the United States.  Coming as it does from one of the most respected national associations of HIV medical professionals in the nation, it is likely to play a role in future federal and state advocacy to modernize stigmatizing laws and policies that irrationally target people who have tested positive for HIV.

The HIVMA also has joined the Positive Justice Project Public Health and Federal Policy Working Groups.

The following are key excerpts from the HIVMA statement, which was announced during public comment at the October 25, 2012 meeting of the President's Advisory Council on HIV/AIDS:

"Stigma and discrimination continue to be major impediments to the comprehensive response necessary to address the HIV public health crisis. Policies and laws that create HIV-specific crimes or that impose penalties for persons who are HIV- infected are unjust and harmful to public health around the world. In the U.S., HIV criminalization has resulted in unacceptable human rights violations, including harsh sentencing for behaviors that pose little to no risk of HIV transmission…All individuals must take responsibility for protecting themselves from HIV infection and other sexually transmitted infections (STIs). All persons engaging in unprotected or potentially risky sexual behavior are encouraged to discuss and disclose HIV and STI status except in situations where disclosure poses a risk of harm…
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We support the following:
 An end to punitive laws that single out HIV infection and other STIs and that impose inappropriate penalties for alleged nondisclosure, exposure and transmission;
 All state and federal policies, laws and regulations to be based on scientifically accurate information regarding HIV transmission routes and risk;
 A federal review of all federal and state laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-related offenses to identify harmful policies and federal action to mitigate the impact of these laws, including the repeal of these laws and policies or guidance for correcting harmful policies; and
 Promotion of public education and understanding of the stigmatizing impact and negative clinical and public health consequences of criminalization statutes and prosecutions."

The federal Centers for Disease Control and Prevention (CDC) did finally, in July 2012, take the important first step of posting a page on its website with the facts on the actual statistical likelihood of HIV transmission through different types of sex, making it clear that oral sex poses a pretty low risk of infection.  Will CDC make the rest of the trip across the bridge to the 21st century of life with HIV, and go public against the outrage of HIV criminalization?  With the November presidential election now behind us, let's hope it's sooner rather than later.