Paul Kidd

The right to health and the criminalization of HIV were the twin foci of this session. Powerfully moderated from inside a US prison, the lived experiences and voices of PLHIV were elevated in papers covering HIV criminalisation in Eastern Europe, and strategies for effective engagement with governments and policies.

In what must be a first for an International AIDS Conference, the moderator for this session appeared from inside a correctional facility in Idaho, USA. Since 2009, Kerry Thomas has been serving two consecutive 15-year prison terms, for not disclosing his HIV status to a sexual partner (who did not contract the virus from him). Thomas’s presence and powerful opening remarks set the scene for a session that repeatedly returned to the importance of prioritising and elevating the voices of key populations. Boemo Mmandu Sekgoma of the SADC Parliamentary Forum spoke of the importance of prioritising the right to health through stakeholder consultation between NGOs and parliaments. Her paper resonated strongly with the work of Munya Mandipaza, who spoke of the role of faith-based organizations (FBOs) in influencing governments and parliaments. FBOs are “a powerful fuel and force of social transformation,” she said. Svitlana Moroz spoke compellingly about the profound vulnerability of women (cis and trans) living with HIV in Eastern Europe, where intersecting forms of criminalization combine with cultural norms that expose women to violence, abuse and criminal prosecution. Women’s identities are criminalized both in law and in practice, stripping them of the right to health and enabling discrimination.

A challenge identified by Moroz is the gaps in data from Eastern Europe. Few countries provide data on criminalized women, and in some countries, “even the mere act of submitting a request for information can have negative consequences.” Law reform advocacy is achieving results in southern Africa, with three countries having applied a model law promulgated by SADC. But there remains much to be done to end HIV criminalization and improve the legal environment in Africa. FBOs have a long term sustainable presence in Africa, and NGOs may be able to work with them to advance human rights.