Important note: Information in this article was accurate in 2008. The state of the art may have changed since the publication date.
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New Vision (Kampala) - November 30, 2008
Steven Candia
The move, by a number of states, including Uganda, was an unjust public policy, it said.
The Open Society Institute of Law and Health Initiative, which will release its report today to mark the World AIDS Day, argued that the new policy on HIV will instead have a negative impact on the fight against the disease.
Recent years have seen the creation of HIV/AIDS laws that criminalise the transmission of the disease and exposure. In Europe and North America, laws are being used to prosecute people for transmitting or exposing others to the infection.
The organisation said: "While these issues must be addressed, a closer analysis of the issues raised by criminalisation of exposure or transmission reveals that it is unlikely to prevent new infections or reduce vulnerability to HIV."
It said it may instead harm women and negatively impact public health and human rights.
It argues that applying criminal laws would not incapacitate, rehabilitate or deter offenders.
It also said the criminalisation could deter people from getting tested, adding that positive results could be used against them to promote stigma and fear.
The report also said the law could be used against women because they were more likely to know their status than men.
It also said the law put women at risk in cases of mother-to-child transmission, given that some laws were broadly drafted.
Legislators must reform laws that promote HIV prevention and treatment, the report added.
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