Understanding and comparing HIV-related law and policy environments: cross-national data and accountability for the global AIDS response

Abstract

Law and policy differences help explain why, as HIV-related science has advanced swiftly, some countries have realised remarkable progress on AIDS while others see expanding epidemics. We describe the structure and findings of a new dataset and research platform, the HIV Policy Lab, which fills an important knowledge gap by measuring the HIV-related policy environment across 33 indicators and 194 countries over time, with online access and visualisation. Cross-national indicators can be critical tools in international governance—building social power to monitor state behaviour with the potential to change policy and improve domestic accountability. This new and evolving effort collects data about policy through review of legal documents, official government reports and systematic review of secondary sources. Alignment between national policy environments and global norms is demonstrated through comparison with international public health guidance and agreements. We demonstrate substantial variation in the content of law and policies between countries, regions and policy areas. Given progress in basic and implementation science, it would be tempting to believe most countries have adopted policies aligned with global norms, with a few outliers. Data show this is not the case. Globally, alignment is higher on clinical and treatment policies than on prevention, testing and structural policies. Policy-makers, researchers, civil society, finance agencies and others can use these data to better understand the policy environment within and across countries and support reform. Longitudinal analysis enables evaluation of the impact of laws and policies on HIV outcomes and research about the political drivers of policy choice.

Law, criminalisation and HIV in the world: have countries that criminalise achieved more or less successful pandemic response?

“…We do so using a new dataset that has coded HIV-related laws and policies for 194 countries to enable cross-national comparative analysis. 17 Since long before HIV, through to the present, governments have argued that criminalising socially undesired behaviour like same-sex sexual acts, sex work and drug use helps prevent disease and change behaviour. [18][19][20] Though scholars seldom go that far, some have argued against decriminalisation on the grounds that it could have negative health implications.…”

Law, Criminalisation and HIV in the World: Have countries that criminalise achieved more or less successful AIDS pandemic response?

“…We explore all three simultaneously, and in combination, as well as rights-and gender-protective laws. Data is gathered from legal texts, analysis of official reporting to the UN, and a meta-analysis of additional public sources, as described in Kavanagh et al 12 Around the world same-sex, sex work, and drug use criminalisation is widespread but varied, cutting across income and geography. As of 2020 only 20% of countries fully criminalise all three aspects explored here but every country at least partially criminalises one; 21% and 54% fully criminalise one or two respectively.…”

“…We do so using a new dataset that has coded HIV-related laws and policies for all 194 UN member countries to enable cross-national comparative analysis. 12…”

“…The HIV Policy Lab dataset provides cross-nationally comparative coded data. 12 This enables us to look three aspects in global perspective: same-sex, sex work, and drug use/possession criminalisation. We explore all three simultaneously, and in combination, as well as rights- and gender-protective laws.…”

“…We explore all three simultaneously, and in combination, as well as rights- and gender-protective laws. Data is gathered from legal texts, analysis of official reporting to the UN, and a meta-analysis of additional public sources, as described in Kavanagh et al 12…”