Some lessons learned about risk reduction after ten years of the HIV/AIDS epidemic

Ja, Kelly; Da, Murphy

doi:10.1080/09540129108253070

Cited by 11 publications

(1 citation statement)

References 24 publications

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“…As we have seen, none of these measures and practices has been shown to contribute to reducing the spread of HIV, and some do, or have the potential to do, precisely the opposite. For example, where homosexuality is criminalised, MSM may not be frank when discussing their sex lives with health workers, and may put any female partners they may have at risk of infection by not taking precautions (Montgomery et al , 2003); and there is indirect evidence that low self-esteem (reinforced by the criminalisation of homosexuality) may increase sexual risk-taking (Roehr 2010; Kelly, 1991; Kelly et al , 1991a, 1991b; Ross and Rosser 1996; Stokes and Peterson, 1998; Diaz et al , 2001; Huebner et al , 2002). Similarly, where discrimination on grounds of HIV status is not unlawful, employers and service providers have no incentive to understand or accommodate the particular needs of PLHIV, or to ensure that their rights to fair and equal treatment are respected.…”

Section: Excursus: the Impact Of Law On Hiv Testingmentioning

confidence: 99%

Unsafe law: health, rights and the legal response to HIV

Weait

2013

International Journal of Law in Context

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This paper describes the ways in which, over the past three decades, law has come to serve as an obstacle in the fight against HIV, and how it contributes to the stigmatisation of, and discrimination against, people living with the virus. It argues that in order to make unsafe law safer, policy-makers, legislators and those responsible for the interpretation and enforcement of law must base their HIV response not on populist morality but on the strong evidence base provided by three decades of clinical, scientific and social research. Drawing on that research and the author's own involvement in policy development in this area, it suggests that rights-based arguments are, while important, insufficient as the basis for delivering the changes that are necessary, discusses the difficulties involved in achieving those changes, and argues that legal scholarship and research has an important role to play in HIV activism and combating the global epidemic.

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