PLHIVs Kindly Work as a Team; To End Criminalisation of HIV

[Avnish Jolly]

PLHIVs Kindly Work as a Team; To End Criminalisation of HIV

 

Dear Associates,

I am glad to to see the call for PLHIVs to work as a team. I would suggest them to work as a team to end criminalisation of HIV as a priority.

HIV response is also a call to advocate for and support the effective responses to the HIV/AIDS Pandemic and empowering PLHIVs.

It facilitates the acquisition and use of knowledge, competencies, attitudes and behaviours that are essential for holistic lifestyles.

In addition to supporting learning throughout life, it enhances public accountability, promotes inter-generational dialogue and leads to better use of available services, especially health and social/ legal protection for the community development.

Advocacy with vision can address the social, cultural and economic conditions that contribute to increased vulnerability; it can also modify the behaviours that create, increase or perpetuate the risk of HIV infection.

HIV prevention progrms face challenges of stigma, sexual debuts, challenges of promoting fewer sexual partners and promoting consistent use of condoms. It also need to promote rights based attitudes toward People Living With HIV/AIDS.

In the last 25 years of dealing with AIDS Pandemic, I personally understand that there are no shortcuts.

To ensure access to HIV prevention, treatment, care and support, comprehensive strategies are required that involve rights-based and evidence-informed approaches; the inclusion of affected communities; and attention to the structural, Cultural and social factors that drive the Pandemic, including gender inequality and stigma and discrimination.

These strategies require multi-sectoral contributions and balanced attention to prevention, treatment, care and support; in this regard, regular education and advocacy is a key platform.

The strategic framework presented and implemented by the State as well as different organizations needs to still ponder upon badly.

All those involved in planning, implementation and assessing the different sector's response to the AIDS Pandemic are based on what is known, it presents priority actions that should be central to all sector responses to prevent HIV infection and to mitigate the impact of AIDS.

It encourages all of us to understand and know your Pandemic and to tailor our responses to the epidemiological situation – being mindful that the Pandemic evolves and that our responses must evolve with it.

As we move forward to implement this strategic approach, it is essential to support the coordination, partnerships and understanding required to make an impact for a sustained response to the AIDS Pandemic.

There are also indications that, in some contexts, efforts at prevention are producing results in terms of behavioural choices, and there is the potential to learn and build on this.

As well as offering protection against HIV, we know that education can also play a critical role in supporting and caring for those affected by HIV /AIDS.

This means working together across sectors and boundaries to influence and change the individual behaviours that spread the disease, while developing environments that make preventive action the preferred behaviour for both individuals and groups.

It is hoped that this brain storming on this FORUM and the practical examples shared by implementers and other stakeholders across and contexts in deciding on key priorities and in ensuring that HIV and AIDS are addressed in a comprehensive, mainstreamed and coordinated way.

A number of cases have been reported and found by in which people living with HIV / health care providers have been criminally charged for a variety of acts that transmit HIV or risk transmission and other activities.

In cases, criminal charges have been laid for conduct that is merely perceived as risking transmission, sometimes with very harsh penalties imposed. The issue has also received public and academic commentary. These developments raise the quest of whether criminal laws and prosecutions represent sound policy responses to issues related to these grounds.

Individual cases, media coverage, may prompt public calls for such a response. But there are simple solutions to such a complex problem, and a rush to legislate should be avoided in favour of careful consideration.

To assist in the development of sound public policy, we must proposes some principles that should guide thinking about, and development of, law and policy on the question of criminal law and HIV/AIDS, identifies public policy considerations that states should take into account when making decisions about the use of the criminal law; considers the alternative to criminalization presented by public health laws; discusses if and how the criminal law might be justifiably applied, considering in particular:

In developing policy regarding the use of criminal sanctions or coercive measures under public health legislation, government officials and the judiciary should be cognizant of a number of principles, state action that infringes on human rights must be adequately justified, such that policy-makers should always undertake an assessment of the impact of law or policy on human rights, and should prefer the measures possible to achieve the demonstrably justified objectives.

There are a number of policy considerations that should be taken into account in determining criminal law policy in relation to HIV/AIDS.

Policy-makers must consider the functions of the criminal law, and assess whether, and to what extent, criminalization will contribute to the objective, . policy-makers must weigh other public policy factors that might mitigate against the use of criminal sanctions.

In the area of criminal law and HIV/AIDS we may consider the following:

1) Documentation of proceedings under Criminal Procedure Code and Indian Penal Code

2) Protect discrimination and privacy;

3) Underlying causes of vulnerability to HIV infection and risk-related issues;

4) Ensure access to HIV testing, counselling and support for risk reduction;

5) Amend laws that impede HIV prevention, care, treatment and support;

6) Set parameters on the use of criminal law to avoid its over-extension;

7) Ensure safeguards against misuse of public health laws and powers;

8) Establish prosecutorial guidelines to avoid misuse of criminal law;

9) Provide legal support and services; and educate judiciary, police as well as lawyers;

10) Ensure fairness in the conduct of proceedings;

11) Protect the confidentiality of medical/counselling information and during legal proceedings;

12) Use coercive measures as a last resort;

Hope its useful and make sense,

Best Wishes and Regards,
Avnish

 

P.S. Read the complete thread and views of other friends on the link given below and I am thankful to Joe for Advocacy and Support.

 

http://health.groups.yahoo.com/group/AIDS-INDIA/message/11571