On Zero Discrimination Day this year, under the theme “Save lives: Decriminalize”, UNAIDS is highlighting how the decriminalization of key populations and people living with HIV saves lives and helps advance the end of the AIDS pandemic.
Criminal laws targeting key populations and people living with HIV violate people’s human rights, exacerbate the stigma people face and put people in danger by creating barriers to the support and services they need to protect their health.
In 2021, the world set ambitious law reform targets to remove criminal laws that are undermining the HIV response and leaving key populations behind. Recognizing decriminalization as a critical element in the response, countries made a commitment that by 2025 less than 10% of countries would have punitive legal and policy environments that affect the HIV response.
However, despite some encouraging reforms, the world is far from achieving the target. In fact, today there are 134 countries explicitly criminalizing or otherwise prosecuting HIV exposure, non-disclosure or transmission; 20 countries criminalize and/or prosecute transgender persons; 153 countries criminalize at least one aspect of sex work; and 67 countries now criminalize consensual same-sex sexual activity, according to UNAIDS. In addition, 48 countries still place restrictions on entry into their territory for people living with HIV, while 53 countries report that they require mandatory HIV testing, for example for marriage certificates or for performing certain professions. 106 countries report requiring parental consent for adolescents to access HIV testing.
Criminalization drives discrimination and structural inequalities. It robs people of the prospect of healthy and fulfilling lives. And it holds back the end of AIDS.
We must end criminalization to save lives.
With criminalization, it’s not because marginalized groups are at a higher risk of HIV that they are criminalized, rather it’s because they are criminalized that they are at a higher risk of HIV. It’s criminalization that increases vulnerability.
