In a world where the battle against HIV/AIDS has seen monumental strides in medical science, public health policy, and community support, it’s disheartening to witness the persistence of outdated, punitive laws that criminalize HIV. On February 28th, as we commemorate “HIV Is Not A Crime Awareness Day,” let’s seize the moment to echo a pivotal message. Decriminalizing HIV is not just a matter of justice; it’s a crucial step towards eradicating the epidemic.
Understanding the Criminalization of HIV
An estimated 1.2 million Americans are living with HIV – and roughly 13% of them don’t know it and need testing. HIV disproportionately impacts communities of color and gay, bisexual, and other men who have sex with men. Globally, those numbers are approximately 39 million people living with HIV, with about 14% of them being unaware of their positive HIV status and 53% being women and girls.
HIV criminalization laws were largely enacted during the early days of the HIV epidemic, fueled by fear, misinformation, and stigma, rather than scientific understanding and compassion. Across the globe and in 34 US states, laws still exist that criminalize the transmission of HIV or penalize individuals for not disclosing their HIV status to sexual partners, even in cases where transmission risk is negligible or non-existent.
Since 2014, at least 12 states have updated or entirely repealed their laws criminalizing HIV to reflect the latest scientific evidence, including California, Colorado, Georgia, Iowa, Michigan, Missouri, Nevada, North Carolina, Virginia, Washington, Illinois, and New Jersey. However, despite over 40 years of research and substantial advancements in treatment and prevention, the majority of laws criminalizing HIV still fail to align with contemporary scientific and medical understanding.
The Impact of Criminalization
The repercussions of criminalizing HIV are far-reaching and deeply harmful:
- Stigmatization and Fear: These laws perpetuate stigma against people living with HIV, painting them as criminals rather than individuals managing a health condition. This only fosters fear and misinformation.
- Discouraging Testing and Treatment: Knowing that an HIV diagnosis could potentially lead to criminal charges discourages people from getting tested and, consequently, from receiving life-saving treatment.
- Undermining Public Health Efforts: Public health experts agree that criminalization hinders efforts to combat the spread of HIV by driving the epidemic underground, making it harder to reach at-risk communities with testing, prevention, and treatment services.
The Case for Decriminalization
Decriminalization advocates for a significant pivot: away from punitive measures and towards a healthcare strategy that universally benefits those affected by HIV. Here’s why decriminalization is essential:
- Encourages Testing and Treatment: Without the threat of criminal penalties, more people are likely to get tested, know their status, and seek treatment, which is key to both individual health and preventing HIV transmission.
- Reduces Stigma: Decriminalizing HIV helps to chip away at the stigma, acknowledging that HIV is a medical condition, not a crime. This shift in perspective is vital for a compassionate and effective response to HIV.
- Aligns with Scientific Understanding: Modern HIV treatment can reduce the viral load to undetectable levels, making transmission virtually impossible. Laws must reflect this reality, not outdated fears.
- Promotes Public Health and Safety: A society that supports people in managing their HIV status without fear of criminalization is healthier and safer for all. It’s about creating environments where individuals feel empowered to seek information and support.
Moving Forward: Action Steps
As we mark “HIV Is Not A Crime Awareness Day,” let’s commit to action:
- Advocate for Change: Support organizations working to reform HIV criminalization laws. Education and advocacy can drive legislative change.
- Educate Ourselves and Others: Combat stigma with knowledge. Share accurate information about HIV transmission, treatment, and the importance of decriminalization.
- Support People Living with HIV: Offer compassion and support, rather than judgment. Community solidarity can make a significant difference in the lives of those affected.
A Call to Compassion and Action
HIV decriminalization is more than a legal issue; it’s a moral imperative that speaks to the kind of society we want to be – one that chooses understanding over fear, science over stigma, and compassion over punishment. Let’s stand together this “HIV Is Not A Crime Awareness Day” and every day after that, advocating for policies that protect public health, uphold human rights, and contribute to ending the HIV epidemic once and for all. In doing so, we reaffirm our commitment not only to those living with HIV but to the principles of justice and equity for all.
Kae Burdo
Kae Burdo is a queer and poly Oklahoma-based freelance writer and digital marketing professional with over a decade of experience in alternative sexuality and relationship education and advocacy. Their passions include travel, sour beers, international politics, the vast range of human sexuality, cross-stitching, intersectional feminism, and technology and startups. Follow them on Twitter @kaeburdo.
