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Decriminalizing HIV in Colombia

Johnattan Garcia Ruiz, Sergio Duran Silva, Lina Maria Caicedo Rodriguez, Maria Alejandra Perez Rodríguez, Diego Duarte Escobar, and Alejandro Leon Marin. 12/31/2021. “Decriminalizing HIV in Colombia.” HPHR, 38. Publisher's VersionAbstract
HIV criminalization is a counterproductive strategy that does not respond to scientific evidence and undermines public health. Since 1987, multiple countries included offenses in their criminal codes related to the transmission of HIV or the non-disclosure of HIV-positive status to sexual partners. The Colombian criminal code established that any person that was aware of having HIV or hepatitis B infection and displayed any actions that could spread the diseases would be sentenced to six to twelve years of prison. Nineteen years later, the Colombian Constitutional Court decided a case which challenged the criminal offence that penalized HIV and Hepatitis B Transmission. With the support of multiple evidence-based and human rights arguments from the civil organizations and the academia, the Court ruled in favor of eliminating the HIV and Hepatitis B transmission offense from the criminal code, recognizing that people diagnosed with HIV have been subject to stigmatization and discrimination. The high court also condemned the criminalization of HIV as it discouraged people from accessing to diagnostic tests, especially in high-risk groups already disproportionately profiled by the justice system. The Colombian case provides an example of how litigation could be explored to eliminate HIV criminalization in other countries.
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