Abstract
BackgroundWhile previous research has identified how criminalization of HIV non-disclosure can have deleterious effects on those living with HIV, the perspectives of people who use drugs – a population disproportionately affected by HIV– should be more meaningfully considered in these discussions.MethodsUsing constant comparative techniques, data from 60 interviews with men and women living with and without HIV and who use drugs in Vancouver were analyzed to explore their perceptions about Canada’s HIV non-disclosure legal framework.ResultsParticipants’ perspectives on the framework involved three themes: understandings of HIV risk; HIV-related stigma; and their own experiences with HIV. While several participants favored the punitive character of the legal framework, these arguments were premised on misinformed and stigmatized assumptions regarding HIV.ConclusionsThe paper concludes by discussing the challenges and opportunities for resisting HIV stigma and misconceptions about HIV within the context of personal accounts that, at times, support criminalization of non-disclosure.
Highlights
While previous research has identified how criminalization of human immunodeficiency viruses (HIV) non-disclosure can have deleterious effects on those living with HIV, the perspectives of people who use drugs – a population disproportionately affected by HIV– should be more meaningfully considered in these discussions
The findings reveal several important insights with regards to PWUD’s perspectives and experiences regarding legal frameworks surrounding HIV non-disclosure in Canada
While a few participants living with HIV understood that “Undetectable = Untransmittable”, they tended to express support about the need to disclose one’s HIV status, frequently suggesting that the legal frameworks should be founded on the need to uphold and govern a set of social conditions in which those living with HIV could do no harm to others
Summary
While previous research has identified how criminalization of HIV non-disclosure can have deleterious effects on those living with HIV, the perspectives of people who use drugs – a population disproportionately affected by HIV– should be more meaningfully considered in these discussions. Within and across many global settings, the non-disclosure of human immunodeficiency viruses (HIV) during sexual encounters remains a criminalized act. 68 countries in the world, including Canada, criminalize the “non-disclosure, exposure or transmission” of HIV, while 33 other countries have applied different criminal provisions in similar instances [1]. In the early 2010s, the Supreme Court was revisiting the meaning of “significant risk”, with arguments suggesting this terminology can lead to ambiguity and contribute to the legal framework being differentially and unevenly applied [7, 8]. DC), the Supreme Court ruled that individuals living with HIV must disclose their HIV positive status in sexual situations where “a realistic possibility of HIV transmission” occurred [11]
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