Principle #9: Stop participating in or supporting prosecution in cases of transmission of infectious diseases, including HIV

SUBSECTIONS

Why

Invitation / Action

Read More

Reflection Questions

Reflect

Research

Practice

Imagine

Return to 13 Principles

Why

  1. HIV criminalization laws criminalizing people living with HIV were initially passed in many states tied to federal funding for prevention and treatment 

  2. Health care workers are under pressure to share documentation of private conversations with patients and to disclose HIV-related medical records to support prosecution

  3. HIV criminalization discourages testing - if you know your status but don’t end up disclosing, you could be criminalized 

  4. HIV criminalization disproportionately affects queer Black communities  

Invitation / Action

  1. Do not support prosecution of HIV criminalization cases

  2. Support colleagues who get penalized for not reporting

  3. Change laws around HIV criminalization (see the work of The Center for HIV Law and Policy - Positive Justice Project)

Read More

  1. HIV Criminalization and Ending the HIV Epidemic in the US - CDC

  2. HIV Criminalization in the United States: A Sourcebook on State and Federal HIV Criminal Law and Practice - The Center for HIV Law and Policy

  3. Ten Reasons to Oppose the Criminalization of HIV Exposure or Transmission - OSF

  4. Watch Steven Thrasher’s ‘Pandemic Politics and the Viral Underclass

  5. Don’t Criminalize COVID-19 - Slate magazine

  6. Read more about how xenophobia, racism and criminalization have always been intertwined in order to maintain oppressive hierarchies through the work of Samuel Kelton Roberts (and how it is resonant in these times), Nayan Shah and Natalia Molina.

Reflection Questions

Reflect 

  • In an ideal world, how do you think transmission of infectious diseases should be addressed? Does it change based on what kind of disease you are thinking of? Who is perceived to be most likely to contract it?

  • What are the consequences of criminalizing the transmission of infectious disease?

Research

Practice

  • Think about information you collect or share that could contribute to criminalization of people with a communicable condition. Discuss the rationale for collecting that information with a colleague. What are the harms?

Imagine

  • How can we imagine a different approach to infectious disease?

  • What other ways can you imagine to achieve the goals criminalization purports to address - preventing transmission, violence, etc. through care vs. criminalization.