Several countries have recently introduced laws to criminalise HIV transmission, or exposing another person to the virus. Prosecutions are increasing. A number of jurisdictions have used general laws against serious bodily harm in cases where someone is accused of knowingly transmitting HIV or willingly exposing others to HIV transmission. Subject to controversy, these measures are sparking debate and concern among policymakers, legal and public health professionals, international organizations and civil society, on whether criminal law is applicable in such cases and if such application is accomplishing or damaging public health goals such as Universal Access to HIV prevention, treatment, care and support. PLHIV see criminalisation as a violation of their fundamental human, sexual and reproductive rights.
The vast majority of PLHIV does not want to transmit HIV and are concerned about transmission. To penalize the person living with HIV where transmission occurs discriminates against the person that is positive, in favor of the person that is negative when in fact both parties share responsibility.
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