Confronting Mass Imprisonment & HIV Criminalization at the IAC

During this week, I will be tracking issues related to criminalization of HIV transmission and the nexus between HIV and imprisonment.

This morning, activists from around the world met at the global village to draft a document entitled “Criminalizing HIV Transmissions: 10 Reasons Why It’s Bad Public Policy." Stay tuned for the release of the document later today.

These advocacy efforts currently taking place at the IAC reflect a commitment by activists around the world to raise the profile about institutionalized state violence facing the most marginalized and vulnerable populations who are disproportionally affected by the HIV/AIDS epidemic.

In the U.S. - as in most parts of the world - racial, sexual and gender minorities, immigrants, sex workers, drug users, homeless people and those currently and formerly incarcerated face overwhelming social discrimination, exclusion and stigma. This marginalization is compounded in no small measure by high imprisonment, criminal sanctions against sex work, the persistence of draconian drug sentencing policies in certain areas of the country and institutionalized homophobia that heightens vulnerability and hinders effective HIV/AIDS prevention efforts.

The nexus between HIV and mass imprisonment in the U.S. is stark. At any given time, 25% of those living with HIV in the U.S. are under the control of the criminal justice system, a $60 billion dollar industry that locks up over 2.3 million people annually. It is no coincidence that the Black and Latino/a communities most impacted by imprisonment also have the highest rates of HIV infection in the country.

Further, in the U.S. HIV positive individuals have been prosecuted and convicted of crimes for exposing others to HIV. The reality is criminal penalties, imprisonment and other coercive measures, exacerbate rather than promote effective and medically sound means of stopping the spread of HIV.

A meaningful commitment to stemming the epidemic and securing the well-being of people with HIV in the U.S. (and around the world) cannot be met without addressing the structural impediments of imprisonment, criminalization and institutionalized racism and homophobia. These factors have exacerbated HIV/AIDS vulnerability for marginalized people since the beginning of the epidemic.