Africa: HIV Laws Do More Harm Than Good

Twenty countries in Africa have or are considering criminal HIV transmission laws. But advocates working to prevent the virus' spread say such measures can hurt more than help the fight against HIV/AIDS.

"If being HIV-positive is being regarded as a crime, people will be less likely to get themselves tested," said Johanna Kehler, director of the AIDS Legal Network, a South Africa-based non-governmental organization that works to protect the human rights of persons living with and affected by HIV/AIDS. "This means that they are more likely to spread the disease unknowingly, and will not have access to antiretrovirals that may help to prolong their lives."

Kehler said women pay a higher price for HIV laws. "Women will be the first ones in line to be prosecuted, as they are more likely to know their status compared to men, simply because they visit clinics more often, for instance during and after their pregnancy," she explained.

Because women are more likely to discover they are HIV-positive, their male partners often blame them for bringing home the virus. In countries like Egypt and Togo, such an accusation can lead to prosecution.

"Women across the world, including in Africa, experience difficulties negotiating safe sex," Kehler said. "If a man does not want to use a condom, they often are left with no choice." "In case of prosecution, women are left in a terribly vulnerable position, as many do not have the resources to, for instance, prove that they were HIV-negative before intercourse," she noted. "Neither can they prove if they did not do it deliberately."

Back to other news for August 2009