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International Community of Women Living with HIV/AIDS INTO THE FIRING LINE: Placing young women and girls at greater risk Dr Alice Welbourn ICW IPPF Satellite Session International AIDS Conference Mexico 2008 The World Needs to Wake Up to the Disaster it is Creating by Criminalisation of HIV transmission It has been almost 20 years since the Australian High Court judge Justice Michael Kirby warned of the spread of a dangerous kind of a virus, “highly inefficient laws.” Even then, Kirby identified “variant strains” of highly inefficient laws, such as laws providing for the mandatory testing of vulnerable groups, or restrictions on the freedom of movement of people living with HIV. He noted that “the virus of which I speak is not detectable under the microscope. It is nonetheless a tangible development, which may be detected in a growing number of societies. In some ways, it is as frightening and dangerous as the AIDS virus itself. It attacks not the body of an individual but the body politic.” (Richard Pearshouse) A: Existing Laws and lessons from History: Very few people with willful intent Historical perspective B: Laws are not genderspecific “I didn’t realise the implications of my recommendations until recently, when I talked to ICW” (ICW member) LAWS MEDIA HEALTH POLICIES 1: Vertical Transmission Prosecution for vertical transmission Resource-poor settings Breastfeeding 3 out of 10 million – where is UA? “When he learns that I went to the health centre for medication, he beats me saying that I am embarrassing him, that I am showing everybody that we are sick. Now I fear going for services” (ICW Member, Uganda) 2: Men’s Words against Women’s Ante-natal testing when women most vulnerable Fear of violence Continued sex criminal offence? Education, income, legal access Confidentiality – health staff police “Last month one pregnant woman tested HIV positive in an antenatal clinic. This month she has been thrown out of her husband’s house, divorced, desperate and alone with no relative to turn to for any support, for herself or her unborn child.” (Health centre nurse, Kenya) 3: Lack of Condom Access Women’s realities – lack of cash, no negotiation powers What about all of us? Hard to argue “reasonable precautions…” US govenrment… 4: Family Break-up Physical, psychological, material effects on children Children “worse than orphans” Emotional disaster for woman “AIDS-free generation…?” (UNAIDS Global report 2008 – food) 5: Bleak futures Stigma will continue into future… 6: Making bad situations worse Marginalised groups already legally ostracised (eg sex workers, drug users) Lack of service access already worse People who should “reasonably know” (“Know your epidemic”…) 7: Girls…. Less cared for when mothers sick or absent Taken out of school to replace mothers Especially ostracised if HIV +ve since birth when all education for young people assumes –ve Guardians of morality… 8: What is more…. no laws on DV, rape laws against lesbians, sex workers inequal property, inheritance laws laws against EC and safe abortion lack of regulation for PEP, EC for rape victims…. ALL ↑ HIV vulnerability and ↓ HIV coping capacity………. LESSONS LEARNT… Include women with HIV in law development and reform Ensure comprehensive info, training, sharing, resources….. Learn from history….. LESSONS LEARNT… Laws to PROTECT Laws to criminalise ICW www.icw.org/node/354 (with thanks to Aziza Ahmed, Maria de Bruyn)