New WHO Report: Decriminalize Sex Work, Drug Use to Prevent Spread of HIV

A World Health Organization (WHO) report issued this month details guidelines to address policies on and treatment of HIV among vulnerable populations including transgender people. Notably, the report urges governments to decriminalize behaviors to more comprehensively and competently address the spread of HIV:

“Countries should work toward decriminalization of behaviours such as drug use/injecting, sex work, same-sex activity and nonconforming gender identities, and toward elimination of the unjust application of civil law and regulations against people who use/inject drugs, sex workers, men who have sex with men and transgender people​.

Improving policies that aid in HIV prevention and improve treatment requires, as the report notes, a combination of efforts. These efforts include making access to contraception, testing, and health facilities available to vulnerable populations; ending violence and stigma against vulnerable populations like transgender people and sex workers; and eliminating laws and policies that criminalize behaviors, which instill fear in these populations and deters individuals from seeking care.

Justice Dept. Calls for End of HIV Criminalization Laws

The National Center for Transgender Equality (NCTE) welcomes Monday’s announcement from the U.S. Department of Justice (DOJ) that calls upon states to eliminate or reform their antiquated HIV criminalization laws, which criminalize conduct by HIV-positive individuals that would be legal if they were not HIV-positive or did not know their status. The DOJ’s guidelines, “Best Practices Guide to Reform HIV-Specific Criminal Laws to Align with Scientifically-Supported Factors,” explain how these laws are contrary to the science of HIV today and how these laws harm individuals and public health by reinforcing HIV stigma.

Over the decades, states have enacted or used existing criminal laws and policies, in the name of public health and safety, to effectively criminalize and silence persons living with HIV/AIDS. For example, state laws have been used to prosecute persons living with HIV when they failed to inform consensual sexual partners of their status—regardless of the actual risks involved or the precautions taken. In other examples, individuals have faced serious criminal charges based on actions like spitting that have no real risk of transmitting the virus.

New Report: Addressing the Criminalization of LGBT People and People with HIV

National Center for Transgender Equality Director of Policy, Harper Jean Tobin, participated yesterday in a panel discussion to mark the release of “A Roadmap for Change: Federal Policy Recommendations for Addressing the Criminalization of LGBT People and People with HIV.” This is a groundbreaking report examining the full scope of factors that contribute to disproportionate incarceration of LGBT and HIV-affected people and their abuse behind bars.

With growing bipartisan interest in addressing mass incarceration—for example, the proposed federal Smarter Sentencing Act has the backing of leading liberal lions and key conservative stalwarts alike, and a range of bipartisan reforms are being debated in many states—we hope this report together with NCTE’s recent guide “Standing with LGBT Prisoners: An Advocate’s Guide to Ending Abuse and Combating Imprisonment” will help the LGBT movement play a big role in making big changes.