">Hiv Transmission | hiv Transmission Criminal Liability Counter-productive

Share Bookmark Print Email Rating By Dora K.Musinguzi  (email the author)

Posted Wednesday, June 9 2010 at 00:00

The HIV/Aids Prevention and Control Bill 2009 has been tabled for the first reading in Parliament. The Bill provides for criminal penalty for risk and intentional transmission of the virus. If enacted, the proposed law would require mandatory disclosure of one’s HIV status – failure of which would be regarded as ‘criminal’ and attempting to or, intentionally transmitting the virus. Failure to use a condom where one knows their HIV status would constitute a criminal offence making them liable for prosecution.

Given the history of this country and it’s undoubted contribution to the HIV struggle that was all inclusive of local communities, religious institutions, civil society, private sector and development partners, why would the government or any progressive citizen consider this proposed law as an effective tool of responding to the epidemic?

It was a call to all Ugandans for a united effort, openness in addressing the epidemic, clear and consistent messages, and clear stewardship by the President that reduced incidence levels and won the country global recognition. Disappointingly now, some government leaders, perhaps frustrated by stagnant prevalence rates, are instead considering a punitive law with a veiled hope that it would prevent and control the epidemic.

Instituting laws to punish persons who may transmit HIV virus poses a danger to the consolidated effort and lessons learnt over time. It is difficult to see the rationale underlying the intended legislation. In strategic terms, this Bill is likely to have a counterproductive effect by stalling ongoing efforts at best and increasing infection rates at worst.

In the face of possible prosecution and forced disclosure, most people will not take an HIV test in fear of prosecution. As people shun HIV services and treatment for fear of prosecution, prevention and control will