Model law friend or foe XVII International AIDS

Model law: friend or foe? XVII International AIDS Conference Mexico City, Mexico Wednesday 6 August 2008 Richard Pearshouse Director of Research & Policy 1

What is the role of the law in responding to HIV? Limited role – Cannot bring about HIV prevention or treatment; only sufficient HIV programmes and services can BUT Important role – Can: - Protect people from discrimination - Guarantee access to health and social services for PLHIV and vulnerable to HIV - Law reform on broader issues is often more important HOWEVER The law must avoid NEGATIVE CONSEQUENCES! 2

HIL virus spreads across west and central Africa September 2004: AWARE-HIV/AIDS holds a regional workshop to adopt a “model law” on HIV/AIDS in N’Djamena (Chad) By July 2006: Burundi*, Benin, Guinea, Togo, Mali By December 2007: Cabo Verde, Chad, Guinea Bissau, Mauritania, Niger, Sierra Leone*, Equatorial Guinea By July 2008: Central African Republic, Burkina Faso, Democratic Republic of the Congo Current Bills: Senegal, Liberia, the Gambia, Côte d’Ivoire 3

Criminalisation of HIV transmission “Any person who is guilty of wilful transmission shall be sanctioned with…” (Article 36(2) of “model law”) “Wilful transmission”? “Transmission of HIV virus through any means by a person with full knowledge of his/her HIV/AIDS status to another person. ” (Article 1) 4

Other problems… Restrictions on HIV/AIDS education to minors Compulsory HIV testing - person indicted for HIV infection or attempted HIV infection, accused rapists, to “resolve a marital dispute”, “all pregnant women” Obligation on a PLHIV to disclose his or her HIV infection to “spouses and any sexual partners as well as to their physicians” Gives health care practitioners broad power to notify spouses and sexual partners Model law says nothing about women Model law says nothing about vulnerable groups 5

Roll-back of “model law”? Engagement led by UNAIDS regional office in Senegal: • human right analysis of “model law” and some of national HIV laws • Commentaries on HIV Bills • UNAIDS “alternative language” to problematic articles AWARE-HIV/AIDS agree in principal to revision: FAAPPD Limited success at revisions at national level 6

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