Wesat0504

Editor's Notes

1. A good HIV law? No article criminalising transmission/exposure No article making testing compulsory No restrictions on HIV information An HIV law is not strictly necessary at all and that there are more useful issues to legislate upon
2. Spread of laws outside west and central Africa: Kenya, Mauritius, Tanzania Current Bills: Mozambique, Malawi, Uganda Different but similar process Template to eager parliamentarians: Guinea-Bissau, Gambia (Bill) are identical Useful provisions in parts of “model law”, e.g. non-discrimination
3. “ HIV transmission”? HIV infection through sexual intercourse, medical procedures, intravenous needle, mother-to-child transmission… Wilful transmission? Not the same as whether person knew HIV status Person took steps to reduce risk (condom use, safe sex, cleaning injecting equipment)? Person who disclosed HIV status? Whether person had control over degree of risk (e.g., use by husband or partner of a condom) ? Mother who transmits HIV to child in utero or during labour or delivery? Sierra Leone’s Prevention and Control of HIV and AIDS Act (2007), s. 21 Criminalisation of HIV transmission explicitly includes mother to child transmission
4. Guinea Prohibits HIV/AIDS education by specifically prohibiting HIV education to children under 13. Parental consent for HIV education to minors aged 14-18. Compulsory pre-marriage testing Togo Compulsory HIV testing of sex workers (under revision) Liberia and Gambia (Bills) Can disclose a child’s HIV status to anyone associated with child’s education, training or care
5. Ghana: decision that HIV statute is not necessary Senegal: relatively progressive Bill. Still has a very broad criminalization provision Revisions to Togo’s HIV law look promising DRC: life sentence for HIV transmission reduced to maximum of ten years Plan to work in Guinea, Sierra Leone (with laws) Also Gambia, Liberia and Cote d’Ivoire (with Bills)