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Hastings C, French M, McClelland A, Mykhalovskiy E, Adam B, Bisaillon L, Bogosavljevic K, Gagnon M, Greene S, Guta A, Hindmarch S, Kaida A, Kilty J, Massaquoi N, Namaste V, O'Byrne P, Orsini M, Patterson S, Sanders C, Symington A, Wilson C. Criminal Code reform of HIV non-disclosure is urgently needed: Social science perspectives on the harms of HIV criminalization in Canada. CANADIAN JOURNAL OF PUBLIC HEALTH = REVUE CANADIENNE DE SANTE PUBLIQUE 2024; 115:8-14. [PMID: 38087186 PMCID: PMC10868573 DOI: 10.17269/s41997-023-00843-9] [Citation(s) in RCA: 1] [Impact Index Per Article: 1.0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Received: 09/27/2023] [Accepted: 11/16/2023] [Indexed: 02/09/2024]
Abstract
The criminalization of HIV non-disclosure represents a significant issue of concern among people living with HIV, those working across the HIV sector, public health practitioners, and health and human rights advocates around the world. Recently, the government of Canada began a review of the criminal law regarding HIV non-disclosure and invited feedback from the public about potential reforms to the Criminal Code. In light of this public consultation, this commentary examines social science research from Canadian scholars that documents the intersecting damaging effects of HIV criminalization. Canadian social scientists and other researchers have shown that HIV criminalization is applied in uneven and discriminatory ways, impedes HIV prevention efforts, perpetuates HIV stigma, and has a damaging impact on the daily lives of people living with HIV. We argue that there is an urgent need for reforms that will significantly restrict how the criminal law is applied to HIV non-disclosure.
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Affiliation(s)
- Colin Hastings
- Department of Sociology and Legal Studies, University of Waterloo, Kitchener-Waterloo, ON, Canada.
| | - Martin French
- Department of Sociology and Anthropology, Concordia University, Montreal, QC, Canada
| | - Alexander McClelland
- Institute of Criminology and Criminal Justice, Carleton University, Ottawa, ON, Canada
| | | | - Barry Adam
- Department of Sociology, University of Windsor, Windsor, ON, Canada
| | - Laura Bisaillon
- Department of Health and Society, University of Toronto, Toronto, ON, Canada
| | | | - Marilou Gagnon
- School of Nursing, University of Victoria, Victoria, BC, Canada
| | - Saara Greene
- School of Social Work, McMaster University, Hamilton, ON, Canada
| | - Adrian Guta
- School of Social Work, University of Windsor, Windsor, ON, Canada
| | - Suzanne Hindmarch
- Department of Political Science, University of New Brunswick, Fredericton, NB, Canada
| | - Angela Kaida
- Faculty of Health Sciences, Simon Fraser University, Burnaby, BC, Canada
| | - Jennifer Kilty
- Department of Criminology, University of Ottawa, Ottawa, ON, Canada
| | - Notisha Massaquoi
- Department of Health and Society, University of Toronto, Toronto, ON, Canada
| | - Viviane Namaste
- Simone de Beauvoir Institute & Women's Studies, Concordia University, Montreal, QC, Canada
| | | | - Michael Orsini
- Institute of Feminist and Gender Studies and the School of Political Studies, University of Ottawa, Ottawa, ON, Canada
| | - Sophie Patterson
- Faculty of Health & Medicine, Lancaster University, Lancaster, England
| | - Chris Sanders
- Department of Sociology, Lakehead University, Thunder Bay, ON, Canada
| | | | - Ciann Wilson
- Department of Psychology, Wilfrid Laurier University, Kitchener-Waterloo, ON, Canada
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