Decriminalizing HIV in Indiana: A Policy Analysis
This article examines Indiana’s laws, which are discriminatory and do not reflect the current science of HIV transmission. The Centers for Disease Control and Prevention Policy Analytical Framework was employed, and historical context and public health implications were analyzed, revealing that the most favorable solution to mitigate inequity and support prevention is to repeal HIV-related laws in Indiana. Nurse practitioners must be aware of this discriminatory legislation and contribute to advocacy efforts for policy change by leveraging clinical expertise to influence legislative discussions.
Enforcement of HIV Criminalization in Indiana: Body Fluid/Waste Enhancement Laws
Using data obtained from the Indiana Office of Court Services, online court-tracking tools, and Probable Cause Affidavits, this study from the Williams Institute examines the enforcement of Indiana’s HIV-related body fluid laws.
Community Insights in Phylogenetic HIV Research: The CIPHR Project Protocol
Protocol for engaging community activists living in Nairobi, Kenya in a knowledge exchange process: Drawing upon a community-based participatory approach, the CIPHR project will (1) explore the possibilities and limitations of HIV molecular epidemiology for key population programmes, (2) pilot a community-based HIV molecular study, and (3) co-develop policy guidelines on conducting ethically safe HIV molecular epidemiology. Critical dialogue with activist communities will offer insight into the potential uses and abuses of using such information to sharpen HIV prevention programmes. The outcome of this process holds importance to the development of policy frameworks that will guide the next generation of the global response.
E.L. Judgement, Malawi High Court (2016)
On 19 January 2017, the Zomba High Court in Malawi delivered a landmark ruling on the application of criminal law to cases of HIV transmission and exposure through breastfeeding.
The appellant was a woman living with HIV who was convicted of negligently and recklessly doing an act which is “likely to spread the infection of any disease which is dangerous to life” under section 192 of the Malawi Penal Code for accidentally breastfeeding another person’s child. She was unrepresented at her trial and sentenced to nine months’ imprisonment.
Before the High Court, she appealed her conviction and sentence and challenged the constitutionality of section 192 of the Penal Code for being vague and overbroad. She raised expert evidence to show the “infinitesimally small risk” of HIV transmission by women on antiretroviral treatment through breastfeeding. The State agreed that the appellant’s conviction and sentence should be overturned and set aside.
At the hearing on 2 December 2016, the Court, per Ntaba J, granted an order that the appellant’s identity be concealed to protect her confidentiality and that of the children concerned.
On 19 January 2017, the High Court acquitted the appellant and ordered her immediate release. It held that the proceedings in the trial court were irregular and “blatantly bias” against the appellant, compromising her right to a fair trial. The Court held that the appellant did not have the requisite knowledge or belief that breastfeeding the complainant’s child was likely to spread HIV and cautioned against the misapplication of criminal law in cases of HIV transmission and exposure. The Court recommended the constitutional challenge be filed for separate determination considering the national interest in the issue.
The appellant was represented by Mr Wesley Mwafulirwa of John Tennyson Associates.
- Alternative links
- HJN feature on the impact of this case, SALC resources on this case
Spit Does Not Transmit: A Fact Sheet for Law Enforcement Personnel, The Center for HIV Law and Policy, the National Organization of Black Law Enforcement Executives and the Association of Prosecuting Attorneys (2013)
This 2013 factsheet produced by the Center for HIV Law and Policy, the National Organization of Black Law Enforcement Executives and the Association of Prosecuting Attorneys provides current factual information about the HIV transmission risks law enforcement professionals may face in the line of duty (aiming to address the frequent overstating of risk). States there is no known case of a law enforcement officer being infected in the line of duty through spitting or biting.