Premium Essay

Hiv Criminalisation

In:

Submitted By rafiki2
Words 44716
Pages 179
AIDS LEGAL Network

Q
A Publication of the AIDS Legal Network • September/November 2008

Patrick Eba

One size punishes all…
A critical appraisal of the criminalisation of HIV transmission

Lauded by lawmakers as an expression of their strong will to ‘fight AIDS’, HIV-specific laws have become a ubiquitous feature of the legal response to HIV in sub-Saharan Africa1
As of 1st December 2008, twenty countries in

ECOWAS Parliament, the West African Health Organisation

sub-Saharan Africa had adopted HIV-specific laws.2

(WAHO), the Center for Studies and Research on

HIV-specific laws or ‘omnibus HIV laws’, as they are

Population for Development (CERPOD), the Network of

sometimes ironically referred to, are legislative provisions

Parliamentarians in Chad for Population and Development

that regulate, in a single document, several aspects of HIV

and the USAID West African Regional Programme.3

and

The stated objective of these HIV-specific laws, as

communication; HIV testing, prevention treatment, care

provided under several of their preambulary provisions,

and support; HIV-related research; and the protection of

is to

and

AIDS,

including

HIV-related

education

people living with HIV. The emergence of HIV-specific

…ensure that every person living with HIV or

laws in sub-Saharan Africa can be traced to the adoption

presumed to be living with HIV enjoys the full

of the Model Law on STI/HIV/AIDS for West and Central

protection of his or her human rights and freedoms.4

Africa in September 2004. Generally known as the

In spite of these proclamations of intent by their drafters,

N’Djamena Model Law, this document was adopted by the

the content of HIV-specific laws suggests a different and

Forum of African and Arab Parliamentarians for Population

grimmer reality. Several

Similar Documents

Premium Essay

Aids Project

...immune system caused by the human immune deficiency virus (HIV). During an initial infection a person may experience a brief period of influenza like infections and illness. Prolonged periods without treatment cause death. The disease includes tumors, opportunistic infections and damage of the immune system. Transmission of HIV/AIDS is caused by several ways, sexually, exchange of body fluids like blood, serum and saliva and also from mother to child. For the awareness of the people there are a lot of Government and Non-Government organizations that have been founded. These organizations have various educational programs to educate and create awareness. But are these programs reaching the people properly? Are the people following and understanding the information? Is there any decrease or control of deaths and transmission of HIV/AIDS? Many organizations and AIDS types of council are formed in Victoria and many places in Australia. The Victorian AIDS Council has taken a prominent role to control and help in the education and awareness of the people. As HIV/AIDS is transmitted in Victoria especially by men to men, the launch of Gay Men Health Care organizations have been formed for its control. Needs Analysis Design:- The target population of the needs analysis was identified to all the patients who are affected with HIV/AIDS in Gay Men Health Care. This comprises only to the patients who are already affected with HIV/AIDS through gay men intercourse transmission. A search...

Words: 2482 - Pages: 10

Premium Essay

Should the Willfull Transmission of Hiv Be Treated as Attempted Murder?

...willful transmission of HIV be treated as attempted murder? The diagnosis of HIV is one of the most disturbing findings there is. HIV (human immunodeficiency virus) is the virus that causes AIDS. This virus is passed from one person to another through blood-to-blood and sexual contact (Cichocki, 2012). Sex is the most common way of passing on this disease. With the rapid increase of HIV positive people throughout the country, researchers are looking further into why it is becoming such a prevalent disease. There have been cases brought into court of diagnosed people spreading this dreadful disease to their sex partners on purpose. The judicial system is trying to pass this as an attempted murder charge. Attempted murder is when a person is purposely engaged in conduct, which is intended to cause the death of the victim (Attempted, 92). When a person diagnosed with HIV progresses to AIDS they are basically given a death sentence because this disease has no cure. Unfortunately there are people in this world who have unprotected sex with the specific purpose of spreading this awful disease. The victims are exactly that, victims, they don’t know that the person they just slept with infected them with a death sentence. The judicial system should pass a law against the willful transmission of HIV because the person contracting the disease is totally unaware of the potential danger to which they have been exposed. The harsh, life changing effects of HIV and AIDS are well known...

Words: 1814 - Pages: 8

Premium Essay

Infectious Disease

...Infectious Disease HIV/AIDS Julie Maple HCA/240 October 7, 2012 Elizabeth Day Infectious Disease HIV/AIDS The Human Immunodeficiency Virus was discovered in 1985. HIV is a virus that is transmitted from one person to another by many different ways. For example, HIV can be transmitted by bodily fluids. It could be fluids like blood or semen that transmits the virus, because they came from the infected person into the other person. HIV/AIDS is commonly spread by sexual intercourse. I have also seen people get HIV/AIDS by sharing needles when using them for street drugs. HIV/AIDS reproduces, and as it reproduces, it tears down the body’s immune system, thus leaving the body susceptible to other illnesses and infections. The only environmental factors that could make a person vulnerable to HIV/AIDS would be the lack of recreational activities in the environment. There are also places in our neighborhoods that allow people to use drugs and engage in sexual activity. In my hometown there was this place at the community park called the rock. It was this huge rock that all the “cool” kids went to so they wouldn’t get caught doing their drugs or having sex. With HIV/AIDS there are two inflammatory responses. According to Brown (1995), “the production by B cells of antibodies which circulate all around the body in the bloodstream, and eventually bind to the agent. There are mechanics available which are very good at destroying anything which has antibody bound to...

Words: 860 - Pages: 4

Premium Essay

Catholic Sex

...popular culture is inundated with references to safe sex on television, in popular literature, and in schools, which promote the use of condoms as a way for those who are "sexually active" to reduce the risk of the transmission of STDs, including HIV. Although the sexual ideologies underlying these sexual references vary, most of them tacitly approve of, or at least condone, sex outside of wedlock. As a Catholic student growing up in a suburban public high school, these competing safe sex messages created a tension in my understanding of safe sex: they were mutually inconsistent and yet also individually inadequate. Ultimately, my understanding of safe sex has developed as an amalgamation of these competing ideologies. In her book, Fatal Advice, Cindy Patton describes how white, middle-class society in the 1908s sought to preserve the sexual integrity and innocence of their youth by labeling their HIV-positive adolescents as Others, i.e. as members of some deviant subculture or group. The Catholic Church approaches safe sex and the transmission of STDs, particularly HIV, in an analogous manner. The Catholic Church reasons that those who need to practice safe sex in order to protect themselves against contracting STDs such as HIV are necessarily sexually active. But once an individual becomes sexually active, he or she has departed from Catholic teachings and is no longer really Catholic. In this...

Words: 950 - Pages: 4

Premium Essay

Tumor Causes

...Kaposi sarcoma is a tumor cause by human herpes virus, also known as Kaposi sarcoma-associated herpes virus. It was originally described by Moritz Kaposi, a Hungarian dermatologist practicing at the University of Vienna in 1872. It became more widely known as one of the Aids-defining illnesses in the 1980s. The viral cause for this cancer was discovered in 1994. Although KS is now well-established to be caused by a viral infection, there is a widespread lack of awareness of this even among persons at risk for KSHV/HHV-8 infection. Kaposi’s sarcoma is a systemic disease that can present with cutaneous lesions with or without internal involvement. Four subtypes have been described: Classic KS, affecting middle aged men of Mediterranean and Jewish descent; African endemic KS; KS in iatrogenically immunosuppressed patients; and Aids-related K. The erythematous to violaceous cutaneous lesions seen in the KS have several morphologies; macular, patch, plaque, nodular, and exophytic. The cutaneous lesions can be solitary, localized or disseminated. KS can involve the oral cavity, lymph nodes, and viscera. Classic KS tends to be indolent, presenting with erythematous or violaceous patches on the lower extremities. African endemic KS and AIDS- related KS tend to be more aggressive. The Aids-related KS lesions often rapidly progress to plaques and nodules affecting the upper trunk, face, and oral mucosa. The diagnosis can be made with a tissue biopsy and, if clinically indicated, internal...

Words: 361 - Pages: 2

Premium Essay

Infectious Disease

... Inflammation occurs when there is sickness or some type of injury to the body. Injured cells release a certain chemical that lets the immune system know that there is something wrong. They attract healing cells which are sent out to work on damaged tissue. HIV/AIDS is transmitted through many bodily fluids. These fluids are Blood, Semen, Pre-seminal fluid, Breast milk, vaginal fluids, Rectal mucous. Other body fluids and waste products like feces, nasal fluid, saliva, sweat, tears, urine, or vomit don’t contain enough HIV to infect you, unless they have blood mixed in them and you have significant and direct contact with them. Living in an environment that does not have the proper education about this disease will make it more likely to be spread around form person to person. Being that...

Words: 1065 - Pages: 5

Premium Essay

Communicable Diseases

...disease became more prevalent in today’s culture. The outbreak of the human immunodeficiency virus infection/ Acquired immunodeficiency syndrome (HIV/AIDS) has impacted many lives. Although today, the death rates are not as high, it has taken all branches of the government to act together to manage the disease. Human immunodeficiency virus infection / Acquired immunodeficiency syndrome (HIV/AIDS) is a disease of the human immune system caused by the human immunodeficiency virus (HIV).The illness interferes with the immune system, making people with AIDS much more likely to get infections, including opportunistic infections and tumors that do not affect people with working immune systems. This susceptibility gets worse as the disease continues. There have been many efforts taken by all branches of government to control the number of HIV/AIDS cases in America. One of the main organizations that have leaded the efforts is the Center for Disease Control and Prevention (CDC). As a part of its overall public health mission, CDC provides leadership in helping control the HIV/AIDS epidemic by working with community, state, national, and international partners in surveillance, research, and prevention and evaluation activities. These activities are critically important because CDC estimates that about 1.1 million Americans are living with HIV, and that 21%...

Words: 996 - Pages: 4

Premium Essay

Std When Will It End?

...Unfortunately, STD’s have become common among teens to an alarming rate. With two thirds of the STD infected population being under the age of 25, high school and college students must learn the dangers and effects of Sexually Transmitted Diseases. STD’s are terrible and no one should experience such discomfort. Re-arranged As I mentioned earlier, STD’s stands for sexually transmitted diseases. They are infectious diseases in which they spread from person to person through intimate (sexual) contact. As many already know, the most common and most famous is the Human Immunodeficiency Virus, better known as HIV; it cause s the Acquired Immunodeficiency Syndrome (AIDS). The sole purpose of HIV is attacking the immune system and killing the natural protection against diseases, leaving the person vulnerable to any infection or diseases. What always intrigues me is how the HIV generated? Could it be a virus that we already have, and it activates in a certain way? One day, I will find an answer to these questions someday along with a cure. In Japan a school organizes two awareness rallies about Sexually Transmitted Diseases. Speakers then describe the dangers of STD’s and the different way of preventing them. The play follows so emphasize what the speakers said but more in a visual sense. Then at the end of these rallies, they distribute kits that include the basic protection for girls and boys if they choose to be sexually active. Until the fortunate day comes when a...

Words: 584 - Pages: 3

Free Essay

Infections

...Urinary Tract Infection (UTI) –Bacterial Infection Causes: * Bacteria traveling from the digestive tract to the urethra (women) * Having a large prostate gland or not being circumcised (men) * Weak immune system * Kidney stones * Sexual intercourse Symptoms: * Pain or burning when you urinate * Urine is cloudy or smells bad * Stomach feels tender or heavy * Nausea and vomiting * Having pain on one side of your back, under your ribs (Kidney area) Diagnosis: Doctors can confirm if you have a Urinary Tract Infection (UTI) by testing a sample of your urine, having a blood test done or a X-ray to screen for structural abnormalities or incomplete emptying of the bladder. Mode of transmission: * UTI is not a contagious disease, it occurs from cross contamination. Example- wiping from back to front after a bowel movement. Treatment: * Antibiotics (Penicillin, Cephalosporin, and Minocycline etc.) * Drinking cranberry and blueberry juice (contains hippuric acid which acidify the urine making it less hospitable to bacteria) * Drinking more liquids and not holding urine Relevant Comments: * UTI’s are most common in females * UTI’s during pregnancy can cause premature birth Scabies- Skin infection Causes: * Sarcoptes Scabiei Symptoms: * Itching * Rashes * Thin, pencil like mark lines Diagnosis: A simple examination of the skin shows signs of scabies. You may have to do an examination...

Words: 613 - Pages: 3

Free Essay

Hiv/Aids in the Deep South

...HIV/AIDS in the Deep South Melony C. Haynes Baptist College of Health Sciences Abstract This paper examined HIV/AIDS in the Southern Region specifically the Deep South. Fundamental Causes and Proximate Factors were examined to explain and understand the high cases of HIV/AIDS in the Deep South. Poverty, lack of access to health care, lack of education, and prison policies were the reasons examined to explain the high cases of HIV/AIDS in the south. Populations at higher risk and why they are at higher risk were examined. These populations were: drug users, prisoners, African Americans, and women who experience domestic violence. HIV/AIDS in the Deep South HIV/AIDS at one time was considered a death sentence. There was not much information about the disease, much less a cure for the disease. However, there have been many strides made over the years. More money, time, and resources have been provided for the research of the virus. The research has identified how the virus is contracted and spread, as well as how it affects an individual’s body. The research also identified prevention methods and the medication that can be taken to treat the disease. Since the first cases of the disease in the late seventies to current day, the life expectancies of individuals are improving. For example Irvin “Magic” Johnson a famous ex-basketball player announced twenty years ago he was HIV positive. Very few people expected him to live this long because at that time the...

Words: 2151 - Pages: 9

Premium Essay

The Policy Selection

...Policy Topic Search and Selection University Of Phoenix LaTora Love The health policy that I decided to select was HIV/AIDS because it has become serious nationwide. What is HIV/AIDS and how does it affect people? HIV stands for Human Immunodeficiency Virus; this virus breaks down the immune system causing it to be weak to fight off viruses. AIDS stands for Aquired Immuno Deficiency Syndrome is the final stage of HIV. Once a person has gotten to this stage their immune system has been damaged badly. Immune systems without HIV/AIDS will eventually fight off the virus you are experience and you become well. The following fluids can have high levels of HIV: * Blood * Semen * Pre-seminal fluids * Breast milk * Vaginal fluids * Rectal mucous It is very important to protect yourself from the fluids listed. A person can contact with HIV/AIDS when sexual contact, pregnancy, childbirth and breastfeeding, injection/drug use, occupational exposure, and Blood Transfusion/Organ Transplant. If a person is not protected and exposes himself or herself with a person that has this disease it is a high chance that they will encounter the disease as well. It is important for people to make sure they have their health under control by being educated on this disease. If people are educated on what the causes are for this disease it will prevent the numbers from rising rapidly as they have already. The stakeholders are gay, bisexual, drug users, and men...

Words: 403 - Pages: 2

Premium Essay

Aids/Hiv Demographic Case Summary

...AIDS/HIV Demographic Case Summary Michael Eiden January 9, 2012 n Abstract Health care in the United States is impacted by numerous demographic populations such as individuals with chronic diseases; such as chronic obstructive pulmonary disease, diabetes etc. Long term care patients, the uninsured and Emergency management also have a significant impact on health care system. But none of these demographic populations has the impact on health care in the United States as individuals with Acquired Immune Deficiency Syndrome, better known as HIV/AIDS. HIV/AIDS impacts virtually every community in the U.S. and around the world. Almost everyone has been affected in some way by this preventable but incurable disease. The disease can be managed to some extent but at a high cost. AIDS/HIV Demographic Case Summary Population Demographics and Origins of HIV/AIDS According to the Center for Disease Control (CDC) estimates there are believed to be more than 1.5 million individuals living with HIV in the United States as of 2011 (CDC, 2011). The earliest known case of HIV was detected in a blood sample collected in 1959 from a Kinshasa man of the Democratic Republic of the Congo. How he became infected is unknown. It is not precisely known how the disease entered into the United States, but it is believed to have been around 1969 or so. In the early 80’s Doctors in various large cities on both coasts began seeing young gay men for Kaposi’s sarcoma; a cancer associated with...

Words: 1460 - Pages: 6

Free Essay

Target Population Encounters

...The utilization of integrated services (medical, behavioral, and social) by the target population, will increase by 50% in one year and 75% in two years. Behavioral Objective 65% of program participants will have an increase in condom use over the next 6 months Predisposing Objective The target population’s protected sexual encounters will increase by 33% within a 3 month period. Reinforcing Objective 35% of target population will leave abusive relationships with 3 months of very first encounter. Enabling Objective (for behavior) The target population incidence of STIs will decrease by 42% within 2 months. Environmental Objective 60% of participants will have an increase in their knowledge of HIV transmission with 3 months. Enabling Objective (for environment) 75 % of the target population will be able to identify three community resources within a 1 month period. 2. Describe the specific Intervention Strategies you will use to reach EACH of the objectives listed below. These strategies should utilize methods of health promotion, such as education, health communication, health engineering, community engagement, advocacy, etc.. Be specific. This is the very heart of your actual program activities, so this part should contain a fair amount of detail about what services your program will offer directly to participants or to others on their behalf. All strategies should be designed/selected based on research evidence...

Words: 1580 - Pages: 7

Premium Essay

Social-Cultural and Economic Factors Affecting the Vulnerability of Women to Hiv/Aids

...KENYA METHODIST UNIVERSITY DEPARTMENT OF HEALTH SYSTEMS MANAGEMENT AND MEDICAL EDUCATION COURSE: BSC. HEALTH SYSTEMS MANAGEMENT UNIT: HCSI 225-HIV/AIDS * Cultural, social and economic factors that increase women’s vulnerability to HIV/AIDS. Introduction Women, especially in sub-Saharan Africa not only have the highest HIV-prevalence rates, compared to men, but also are greatly affected by the social and economic constraints that prevent them from evading high risk situations. Context-specific factors associated with women’s vulnerability to HIV infection include: Cultural Norms Cultural norms often place a high value on motherhood; attach a negative stigma to HIV-infected women, and view women and girls as primary caregivers. This places a significant burden on them. Other cultural practices such as widow inheritance and female genital mutilation (FGM) also increase women’s risk of contracting HIV/AIDS. Polygamy and early marriages are also very prevalent cultural practices in some societies in the world and most especially in Africa. These setups in most cases disadvantage the women and put them at greater risk of contracting the virus and disease. Poverty Poverty sometimes prompts women to engage in risky behavior, such as exchanging sex for gifts, money or food. As a result, women are more vulnerable to contracting the virus because they are unable to negotiate safe sex. This behavior is commonly seen among transport routes as well as refugee camps, where...

Words: 1752 - Pages: 8

Premium Essay

Combat Hiv/ Aids, Malaria and Other Diseases

...One of the United Nations' Millennium Development Goals (MDGs) is to "Combat HIV/AIDS, Malaria and other diseases". Their targets are to (1) Stop and begin to reverse the spread of HIV/ AIDS by 2015, (2) Attain universal access to treatment for HIV/AIDS for all the people who need it and (3) Stop and begin to reverse the incidence of malaria and other major diseases by 2015. Globally, new HIV infections continue to decline in some regions dropping 21% from 2001 to 2011. More people are living with HIV due to fewer AIDS - related deaths because of the scaling up of antiretroviral therapy; the continued large number of new infections with 2.5 million people are newly infected each year. Comprehensive knowledge of HIV transmission remains low among young people, along with condom use. More orphaned children are now in school due to expanded efforts to mitigate the impact of AIDS (Goal 6, 2013). While the target was missed by 2011, access to treatment for people living with HIV increased in all regions. At the end of 2011, 8 million people were receiving antiretroviral therapy for HIV. This total constitutes an increase of over 1.4 million people from December 2010. By the end of 2011, eleven countries had achieved universal access to antiretroviral therapy (Goal 6, 2013). The global estimated incidence of malaria has decreased by 17% since 2000, and malaria -specific mortality rates by 25%. In the decade since 2000, 1.1 million deaths from malaria were averted. Countries with...

Words: 393 - Pages: 2