Protecting HIV-positive women's human rights: recommendations for the United States National HIV/AIDS Strategy.
To bring the United States in line with prevailing human rights standards, its National HIV/AIDS Strategy will need to explicitly commit to a human rights framework when developing programmes and policies that serve the unaddressed needs of women. This paper focuses on two aspects of the institutionalized mistreatment of people with HIV: 1) the criminalization of their consensual sexual conduct; and 2) the elimination of informed and documented consensual participation in their diagnosis through reliance on mandatory and opt-out testing policies. More than half of US states have HIV-specific laws criminalizing the consensual sexual activity of people with HIV, regardless of whether transmission occurs. Many of these laws hinge prosecution on the failure of HIV-positive people to disclose their HIV status to a sexual partner. The Obama Administration should explore administrative and legislative incentives to eliminate these laws and prosecutions, and target a portion of prevention funding for anti-stigma training. Testing policies should be reconsidered to remove opt-out and/or mandatory HIV testing as a condition for receipt of federal funding; incentives should encourage states to adopt local policies mandating counseling; and voluntary HIV testing should be offered regardless of the provider's undocumented perception of an individual's risk.
Ahmed
Aziza
A
International Community of Women Living with HIV/AIDS, Washington, DC, USA.
Hanssens
Catherine
C
Kelly
Brook
B
D000163:Acquired Immunodeficiency Syndrome; D003416:Criminal Law / Q000331:legislation & jurisprudence*; D005260:Female; D015658:HIV Infections; D006679:HIV Seropositivity; D006291:Health Policy; D006801:Humans; D010358:Patient Participation; D011057:Politics; D012725:Sexual Behavior; D014342:Truth Disclosure; D014481:United States; D014933:Women's Rights