"The Civil Rights division of the U.S. Department of Justice is strongly urging legislators across the country to strike down laws that currently criminalize HIV-positive people who, often unknowingly, “certain behaviors before disclosing known HIV-positive status.”
DojHIV criminalization laws sprang up across the country in the early days of the AIDS epidemic when diagnoses and death were swift and sometimes unexpected. In a time when the exact means of transmission were misunderstood and means of treating those infected were scant, the laws were a desperate attempt to curtail the spread of the virus. More robust public health funding was provided to the states in 1990 provided that the states criminalized HIV transmission.
Unfortunately, most of the laws regarding HIV positive individuals and their conduct haven’t managed to keep pace with the development of treatments. Put simply, the laws just don’t work. Last year the United Nations HIV/AIDS prevention task force found that in criminalizing HIV transmission these laws discouraged people from finding out their HIV statuses.”
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