Criminalising HIV Transmission

Abstract

Objective: This paper attempts to summarise the global state with regard to the criminalisation of Human Immunodeficiency Virus (HIV) transmission.

Method: A comprehensive analysis of both global and Zambian publications, legislation and case laws was conducted.

Results: Proponents of criminalisation of HIV transmission argue that criminalization would serve as a deterrent to the culprit and others to engage in prohibited conduct in future while the opponents argue that that there are no well-founded evidences that criminalization of HIV transmission will lead to a reduction in new infections.

Conclusion: The onus is on the government and other institutions to critically look at the positive and negative aspects of criminalization of HIV in so far as the legal approach to the fight against the pandemic is concerned. A combination of effective evidence-based approaches should be adopted to expand targeted efforts in preventing new HIV infections in Zambia.