EMBARGOED UNTIL 9 JULY 2014 HIV organisations … their status,” said VAC/LPV HIV Legal Working...

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Page 1 of 2 pages Living Positive Victoria Victorian AIDS Council Suite 1, 111 Coventry St, Southbank 3006 6 Claremont St, South Yarra 3141 livingpositivevictoria.org.au vac.org.au 03 9863 8733 03 9865 6700 MEDIA RELEASE EMBARGOED UNTIL 9 JULY 2014 HIV organisations call for reform of Victoria’s criminal laws Victoria’s criminal laws must be reformed if the state is to achieve the goal of eliminating HIV transmissions by 2020, the Victorian AIDS Council and Living Positive Victoria have said. The call comes as the two organisations release a joint policy discussion paper focusing on the repeal of section 19A of the Victorian Crimes Act. “Section 19A, which is the only HIV-specific criminal law in Australia, is a remnant of a time when HIV infection was almost invariably fatal,” said VAC CEO Simon Ruth. “Today, with improvements to HIV treatments that ensure people with HIV can lead healthy, productive lives, section 19A serves no useful purpose.” While only rarely prosecuted, section 19A falsely characterises people living with HIV as a threat to public safety. It contributes to the stigmatisation of HIV and people living with HIV, and this stigma is one factor that discourages people from being tested, seeking treatment, and disclosing their HIV status to sexual partners. “Studies have shown that criminalising HIV has no positive impact on people’s sexual risk taking. In fact it can have a negative impact by forcing HIV underground, and discouraging people from disclosing their status,” said VAC/LPV HIV Legal Working Group Chair Paul Kidd. Respected international organisations, including UNAIDS and the Global Commission on HIV and the Law, have strongly condemned the use of criminal laws as a way to control HIV. HIV-specific laws, such as section 19A, have been especially criticised as counterproductive to HIV prevention efforts. “The eyes of the world will be on us when the International AIDS Conference starts in Melbourne in just a few days’ time. The latest Australian HIV Strategy, released earlier this week includes bold new targets including the elimination of new HIV transmissions by 2020. Now is the right time to address those criminal laws that impede our shared commitment to end HIV ” said Ruth. Victoria has a well-developed public health process that engages with people to encourage the adoption of safer sexual practices. This process is a highly effective alternative to the criminal law that is accepted and supported by community organisations as the best way to respond to allegations of risky behaviour. Living Positive Victoria and VAC are calling for an end to HIV criminal prosecutions in all but the most extreme cases, and a renewed emphasis on the public health process.

Transcript of EMBARGOED UNTIL 9 JULY 2014 HIV organisations … their status,” said VAC/LPV HIV Legal Working...

Page 1 of 2 pages

Living Positive Victoria Victorian AIDS Council Suite 1, 111 Coventry St, Southbank 3006 6 Claremont St, South Yarra 3141 livingpositivevictoria.org.au vac.org.au 03 9863 8733 03 9865 6700

MEDIA RELEASE

EMBARGOED UNTIL 9 JULY 2014

HIV organisations call for reform of Victoria’s criminal laws Victoria’s criminal laws must be reformed if the state is to achieve the goal of eliminating HIV transmissions by 2020, the Victorian AIDS Council and Living Positive Victoria have said. The call comes as the two organisations release a joint policy discussion paper focusing on the repeal of section 19A of the Victorian Crimes Act.

“Section 19A, which is the only HIV-specific criminal law in Australia, is a remnant of a time when HIV infection was almost invariably fatal,” said VAC CEO Simon Ruth. “Today, with improvements to HIV treatments that ensure people with HIV can lead healthy, productive lives, section 19A serves no useful purpose.”

While only rarely prosecuted, section 19A falsely characterises people living with HIV as a threat to public safety. It contributes to the stigmatisation of HIV and people living with HIV, and this stigma is one factor that discourages people from being tested, seeking treatment, and disclosing their HIV status to sexual partners.

“Studies have shown that criminalising HIV has no positive impact on people’s sexual risk taking. In fact it can have a negative impact by forcing HIV underground, and discouraging people from disclosing their status,” said VAC/LPV HIV Legal Working Group Chair Paul Kidd.

Respected international organisations, including UNAIDS and the Global Commission on HIV and the Law, have strongly condemned the use of criminal laws as a way to control HIV. HIV-specific laws, such as section 19A, have been especially criticised as counterproductive to HIV prevention efforts.

“The eyes of the world will be on us when the International AIDS Conference starts in Melbourne in just a few days’ time. The latest Australian HIV Strategy, released earlier this week includes bold new targets including the elimination of new HIV transmissions by 2020. Now is the right time to address those criminal laws that impede our shared commitment to end HIV ” said Ruth.

Victoria has a well-developed public health process that engages with people to encourage the adoption of safer sexual practices. This process is a highly effective alternative to the criminal law that is accepted and supported by community organisations as the best way to respond to allegations of risky behaviour. Living Positive Victoria and VAC are calling for an end to HIV criminal prosecutions in all but the most extreme cases, and a renewed emphasis on the public health process.

LPV/VAC Media Release Page 2 of 2 pages “We have the opportunity to bring an end to the HIV epidemic in Victoria within a few years, but we must act to reduce HIV stigma and ensure that HIV is treated as an issue of public health, not public safety. We are calling on all political parties to commit to repeal section 19A and review the treatment of HIV within the criminal justice system,” said Kidd.

“Section 19A is a relic of the past, and today it is doing more harm than good. It’s time for it to go.”

A PDF copy of Policy Brief: Repeal of Section 19A is attached, or can be downloaded from livingpositivevictoria.org.au/repeal19A.

—ENDS— For further comment, contact Paul Kidd – Chair, HIV Legal Working Group: 0438 203 754 Simon Ruth – CEO, Victorian AIDS Council: 03 9865 6700 Ian Muchamore – President, Living Positive Victoria: 0415 551 705