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HIV, Stigma, and Discrimination: The Role of Law and Policy

HIV, Stigma, and Discrimination: The Role of Law and Policy. AIDS 2013 Plenary July 1, 2013 Aziza Ahmed Associate Professor of Law Northeastern University School of Law.

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HIV, Stigma, and Discrimination: The Role of Law and Policy

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  1. HIV, Stigma, and Discrimination: The Role of Law and Policy AIDS 2013 Plenary July 1, 2013 Aziza Ahmed Associate Professor of Law Northeastern University School of Law

  2. “Why AIDS is Likely To Remain a Gay Disease: The Rugged Vagina, The Fragile Urethra & The Vulnerable Rectum“Discover Magazine 1985 Source: Smithsonian National Museum of American History Division of Medicine and Science

  3. Early Epidemiology and Sexuality (1981)

  4. Outline • 1) Criminal Law as a Barrier to Health Care Service and Delivery • 2) Laws and Regulations that Govern Research and Programming on HIV • 3) Stigma and Discrimination Beyond the Law

  5. Criminal Law as a Barrier to Health Care Service and Delivery

  6. Criminalisation of HIV transmission, Exposure & Non-disclosure • In over 60 countries, it is a crime to expose another person to HIV or to transmit it, especially through sex. • Worldwide, countries and jurisdictions have promulgated HIV-specific criminal laws: • 27 countries in Africafollowing the N'Djamena Model Law (2005) • 14 countries in EECA (Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Montenegro, Serbia, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan ) • 11 countries in Latin America Source: Global Commission on HIV and the Law, 2012

  7. Sex Work Source: Global Commission on HIV and the Law, 2012

  8. People who use Drugs Source: Global Commission on HIV and the Law, 2012

  9. Women and Girls U.S. Positive Women’s Network

  10. Laws and Regulations that Govern Research and Programming on HIV

  11. Anti-Prostitution Loyalty Oath (e) LIMITATION—No funds made available to carry out this Act, or any amendment made by this Act, may be used to promote or advocate the legalization or practice of prostitution or sex trafficking. • Struck down by U.S. Supreme Court in June 2013 - still applies to non-U.S. based NGOs Source: United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, Pub. L. No. 108-25, §2, 117 Stat. 711, 716 (2003) (current version at 22 U.S.C.A. §§7601(23) (West 2010))

  12. Stigma and Discrimination Beyond the Law

  13. “My Body, My Womb, My Rights” (Namibia)

  14. Acknowledgements • Mandeep Dhaliwal, UNDP • Katherine Ott, Smithsonian Institute • International Community of Women Living with HIV/AIDS (ICW) • Positive Women’s Network (PWN) • Naina Khanna • Brook Kelly • Jennifer Gatsi-Mallet • Beri Hull • Leo Beletsky • Tamil Kendall

  15. Select References • Global Commission on HIV and the Law, Risks, Rights, and Health (2012). • Aziza Ahmed, Rugged Vaginas and Vulnerable Rectums: the Sexual Identity, Epidemiology, and Law of the Global HIV Epidemic, Colum. J. of Gender and L. (2013) Forthcoming • Monica Rao Biradavolu et al., Can sex workers regulate police? Learning from an HIV prevention project for sex workers in southern India, 68 SOC. SCI. AND MED. 1541 (2009) • International Community of Women Living with HIV/AIDS, The Forced and Coerced Sterilization of Women Living with HIV/AIDS in Namibia (2008). • Harvard Human Rights Program and Namibia Women’s Health Network, “In the Hospital There are No Human Rights”: Sexual and Reproductive Health and Rights Violations of Women Living with HIV in Namibia (2012). • Why AIDS is Likely to Remain Largely a Gay Disease, Discover Magazine (1985). • Matthew Weait, Intimacy And Responsibility: The Criminalization Of HIV Tranamission (2007) • Kate Shannon & Joanne Csete, Violence, Condom Negotiation, and HIV/STI Risk Among Sex Workers, 304 J. AM. MED. ASS’N 573 (2010) • SEX WORKERS’RIGHTS ADVOCACY NETWORK (“SWAN”), ARREST THE VIOLENCE: HUMAN RIGHTS ABUSES AGAINST SEX WORKERS IN CENTRAL AND EASTERN EUROPE AND CENTRAL ASIA (2009), available at http://swannet.org/files/swannet/File/Documents/Arrest_the_Violence_SWAN_Report_Nov2009_eng.pdf. • HIV/AIDS sex work tool kit, WORLD HEALTH ORG., http://who.arvkit.net/sw/en/contentdetail.jsp?ID=204&d=sw.11 (last visited Nov. 7, 2010); Key Principles, WORLD HEALTH ORG., http://www.who.int/hiv/topics/vct/sw_toolkit/context/en/index4.html (last visited Nov. 7, 2010); New online tool kit on HIV/AIDS prevention for sex workers, WORLD HEALTH ORG. (Nov. 11, 2004), http://www.who.int/mediacentre/news/releases/2004/pr80/en/print.html. • AVNI AMIN WITH CHERYL OVERS & PENELOPE SAUNDERS, WORLD HEALTH ORGANIZATION,VIOLENCE AGAINST WOMEN AND HIV/AIDS: CRITICAL INTERSECTIONS—VIOLENCE AGAINST SEX WORKERS AND HIV PREVENTION 1 (2005), available at http://www.who.int/gender/documents/sexworkers.pdf. • OFFICE OF U.N. HIGH COMM’R FOR HUM. RTS. & UNAIDS, INTERNATIONAL GUIDELINES ON HIV/AIDS AND HUMAN RIGHTS 30 (2006), available at http://data.unaids.org/Publications/IRC-pub07/jc1252-internguidelines_en.pdf. • Joanna Busza, Having the rug pulled from under your feet: one project’s experience of the US policy reversal on sex work, 21 HEALTH POL’Y PLAN 329, 330–31 (2006) • SCOTT H. EVERTZ, How Ideology Trumped Science: Why PEPFAR Has Failed to Meet Its Potential 13–15 (2010), CTR. FOR AM. PROGRESS & COUNCIL FOR GLOBAL EQUALITY, available at http://www.americanprogress.org/issues/2010/01/pdf/pepfar.pdf. • CHERYL OVERS, APNSW, CAUGHT BETWEEN THE TIGER AND THE CROCODILE: THE CAMPAIGN TO SUPPRESS HUMAN TRAFFICKING AND SEXUAL EXPLOITATION IN CAMBODIA (DRAFT) 7, available at www.aidslex.org/site_documents/SX-0046E.pdf. • Kim M. Blankenship, Rebekah Burroway & Elizabeth Reed, Factors associated with awareness and utilisation of a community mobilisation intervention for female sex workers in Andhra Pradesh, India, 86 SEXUALLY TRANSMITTED INFECTIONS i69, i70 (2010) • S Burris, L Beletsky, J. Burleson, P Case, Z Lazzarini, Do criminal laws influence HIV risk behavior? An empirical study. University of Arizona State Law Journal, Temple University Legal Studies Research Paper No. 2007-3 (2007) Available from: http://papers.ssrn.com/sol3/papers.cfm?abstract_id977274 • Maria deBruyn, Safe abortion for HIV-positive women for women with unwanted pregnancy: a reproductive right, 11 (22) Reproductive Health Matters, (2003) 152161. • Delhi High Court, 2009. Naz Foundation (India) Trust v. Government of NCT of Delhi & others. WP(C) No.7455/2001, Date of Decision: 2 July 2009. • Different Avenues, 2008. Move along: policing prostitution in Washington DC. Available from: http://www.differentavenues.org/images/stories/move%20along%20executive%20sum mary.pdf • NAM, 2010. HIV and the Criminal Law. In E. Bernard, ed. • Joanna Kempner, The Chilling Effect: How Do Researchers React to Controversy? 5 PLOS Medicine 15671 (2008). • Priya Shetty, Adeeba Kamarullzaman: fighting HIV/AIDS in Malaysia 381 The Lancet 2073 (2013) • Open Society Institute, Sex Workers Action Network. Arrest the violence: human rights abuses against sex workers in Central and Eastern Europe and Central Asia. http://www.soros.org/initiatives/health/focus/sharp/articles_publications/publications/human-rights-violations-20091217/arrest-violence-20091217.pdf. Accessed July 12, 2010. • Open Society Institute, At What Cost?: HIV and Human Rights Consequences of the Global War on Drugs (2009).

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