Since 1989, more than 220 people in Canada have been prosecuted for alleged HIV non-disclosure. Black men have been vastly overrepresented in charges, while Indigenous women and gay men faced a heightened risk of prosecution. These prosecutions disproportionately impacted Black, Indigenous, and racialized communities, women, migrants, and people already navigating systemic inequities. Beyond potential imprisonment, criminal charges resulted in barriers to housing and employment, social exclusion, increased risks of violence and abuse, and profound psychological harms.
HIV criminalization is rooted in fear, misinformation, and outdated understandings of science. Criminalization does not prevent HIV transmission. It does not promote public health. It does not increase safety. What it does is deepen stigma, discourage testing, and isolate people from care and support.
We know the science. Public health approaches grounded in dignity, consent, and evidence, not the criminal law, are what uphold human rights and advance health equity.
On this day, we reaffirm our commitment to:
- Ending the unjust use of criminal law in cases of HIV non-disclosure
- Centering the voices of people living with HIV in law reform efforts
- Supporting community-led advocacy and legal reform
- Challenging stigma in all its forms
Justice means aligning the law with science.
Justice means centering human rights.
Justice means ensuring that people living with HIV are treated with dignity.
People living with HIV deserve respect, protection, and justice.
HIV is not a crime.
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