A study of people living with HIV has revealed that
despite advances in HIV treatment, criminalisation continues
to create uncertainty and distress, with 60% of people
living with HIV fearing legal consequences and many avoiding
relationships altogether.
The full study and its
findings will be released at a public event on 27
February at 3 pm at the Ellen Melville
Centre in Auckland, by Positive Women, Body
Positive, Toitū te Ao and Burnett Foundation
Aotearoa.
The study surveying 247 people living with
HIV in New Zealand, highlights the urgent need for rules and
practice to align with modern HIV science. Over half of
participants reported anxiety about legal consequences,
particularly around disclosing HIV or discussing sexual
practices with healthcare service providers.
“This
shows that people living with HIV want to see HIV
transmission managed by Public Health authorities, and not
the Police. We have one of the highest rates of HIV
criminalisation per capita globally, with at least 14
prosecutions since 1993,” says Liz Gibbs CEO of Burnett
Foundation Aotearoa.
“The Government’s decision to
sign the U=U Call to Action at Big Gay Out 2026 is a great
first step in bringing New Zealand into line with overseas
best practices on how to manage HIV.”
U = U stands for
Undetectable = Untransmittable (U=U). It means that a person
living with HIV who is on effective treatment and maintains
an undetectable viral load cannot transmit HIV to sexual
partner(s).
“Currently people living with HIV may face
prosecution under the Crimes Act for HIV non-disclosure to
their sexual partners (unless they are using a condom), even
if they are on treatment with an undetectable viral load and
therefore pose zero risk of transmission,” says
Gibbs.
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