Unit three Seeking Justice for People Living with HIV
2/9
Should HIV transmission be a criminal act? Í In pairs note your reasons’ For’ and ‘ Against’.
For
Against
THINK ABOUT:
Who benefits from criminalization of HIV? Who does criminalization of HIV hurt?
3/9 The protection and promotion of human rights within the context of HIV are necessary from two important perspectives:
1
People living with HIV have human rights just like everyone else. The right to health and the right to life are particularly important.
2
Public health goals of reducing vulnerability to HIV infection are affected when human rights of people living with HIV or at risk of HIV are not respected. Where HIV is stigmatized, people will be reluctant to test for HIV or to seek treatment. They will be afraid to disclose their status. This creates a greater risk of infection.
4/9
People often think that the judicial system is inaccessible to most vulnerable groups and too bureaucratic, and that it is therefore incapable of providing timely and adequate responses to injustices caused by human rights abuses in the context of HIV.
Justice systems are in place to protect and guarantee human rights of all people but many people living with HIV are reluctant pursue cases because they fear the resulting publicity. But when a court case is won, it can benefit a large number of people living with HIV and help to strengthen positive attitudes towards them.
5/9 Criminalization of HIV transmission refers to the application of criminal law to prosecute HIV transmission or exposure to the virus.
Turn on your speakers Circulate the hand out 3 “HIV Criminalisation Court Cases”
With the person beside you discuss the wider implications of the your judgement of the case.
Listen to the following case studies and decide whether you agree or disagree with the ruling.
6/9
There are many arguments for and against criminalisation of HIV transmission.
Generally people agree that someone who ‘deliberately’ or ‘recklessly’ transmitting HIV to others should be punished?
But sometimes proving someone deliberately transmitted HIV to another can present numerous problems and the legal system which should protect rights can expose people living with HIV to injustice instead.
7/9
Why might criminalisation affect women more? Criminalisation can often impact more on women as women are more likely to be tested (during pregnancy) so they are more likely to know their status. Women are often at risk of violence when they disclose their status. Criminalisation can reinforce inequality and put women at even greater risk while doing nothing to address the reasons why they are more vulnerable.
8/9
Pupils stand in a line in the middle of the classroom
Ă? Listen to the following statements Ă? Take a step towards the sign you agree with most. The size
of the step should reflect how strongly you agree or disagree with the statement
9/9
Undertake further research and then organise a class debate on the following motion:
‘The application of criminal law to HIV transmission is justified’