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HIV Criminalization and Black Americans

In the United States, HIV criminalization intersects two overlapping epidemics: the HIV epidemic and the epidemic of over-policing and mass incarceration. Both epidemics disproportionately affect Black Americans, as does HIV criminalization. Black people in the United States are more likely to be diagnosed and live with HIV while also having less access to HIV treatment and prevention. Black Americans also experience greater police surveillance and harsher punishment in the criminal legal system. Together, these twin epidemics place Black people in the U.S. living with HIV at increased risk of criminal legal system involvement because of both their race and HIV status. In this brief, the Williams Institute presents information on the racial dynamics of America’s HIV epidemic and criminal legal system, followed by an examination of racial patterns from Williams Institute reports on HIV criminalization.1

It’s time to end HIV criminalization

While some individual public health officials have sup- ported efforts to reform HIV criminalization, the contribution of the organized public health profession, as a whole, has been marginal. Public health authorities have been indifferent to such efforts, have been afraid to voice their support, or have actively stood in the way of needed changes.This editorial argues that it  is not too late for the public health community to make a difference. There is much work and ongoing advocacy needed for the tide to fully turn on HIV criminalization in this country. A strong public health voice urging the federal government to deliver on its promise to enact principled, evidence-based Criminal Code reforms that end unjust HIV criminalization would make an important contribution.

Ten Things Anyone Can Do To Help End HIV Criminalization

This short guide from The Center for HIV Law and Policy published in 2013 provides suggested actions to further advocacy against HIV criminalisation, with associated resources.