Law reform has been ‘fundamental’ to Australia’s HIV response, according to a report from the Australian Federation of AIDS Organisations.
The AFAO submitted the report to the United Nations Development Programme in December last year in conjunction with the National ¬Association of People Living with HIV/AIDS (NAPWA).
State decriminalisation of homosexuality and the 2008 federal anti-discrimination amendments were the two focus areas in the nation’s response due to the high prevalence of HIV among gay men.
During the 1980s, a debate raged within the gay community over whether resources should be dedicated to the decriminalisation of homosexuality or the ‘more immediate treatment, care and support issues’ for people living with HIV.
According to the report, the first National HIV/AIDS Strategy (1991) found laws penalising homosexuality were counter-productive to the country’s response since gay men were driven underground and away from testing out of fear.
NAPWA executive director Jo Watson said state-based law reform had empowered LGBTI communities.
‘Law reform has been very important in the response to HIV,’ Watson said.
‘It has allowed a focus on public health and prevention and empowered communities and individuals to protect themselves while also respecting the human rights of people with HIV.’
One aspect the submission did not cover was the criminalisation of HIV transmission.
State criminal codes across the country have outlawed the practice of HIV-positive people knowingly spreading HIV.
Last month, a 37-year-old Victorian man was accused of trying to transmit HIV to another man in May and June last year, according to The Age.
Watson said these laws were detrimental to Australia’s response to HIV.
‘Criminalising HIV transmission generally has a negative effect on prevention as it creates fear and distrust and means that people with HIV are less likely to disclose their status and be able to take steps to prevent the spread of HIV,’ the executive director said.
In Australia, the number of new HIV diagnoses has been gradually increasing for the past four years to approximately 1,050 cases, although this growth has been in small increments.
Benn Dorrington
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