Humanising the law: harnessing science and community voices to end HIV criminalisation

HIV criminalisation is a global phenomenon undermining both public health and human rights. Although scientific advances have transformed HIV into a manageable condition, legal systems have not kept pace. This paper traces the evolution of community-led responses to HIV criminalisation over nearly two decades, demonstrating how science, advocacy, and storytelling have collectively reshaped legal and policy frameworks. It describes the formation and strategic interventions of the HIV Justice Network and, later, the HIV JUSTICE WORLDWIDE coalition; highlights methodological innovations such as legal monitoring and community-based documentation; and emphasises the centrality of human rights principles. Case examples - including the legacy of Ugandan nurse Rosemary Namubiru - illustrate the impact of HIV criminalisation and the power of resilience. While challenges persist amidst growing authoritarianism and disinformation, coordinated global efforts continue to advance evidence-informed, rights-based alternatives. This paper calls for a humanisation of the law that centres lived experiences, elevates scientific understanding, and fosters justice for people living with HIV. Ultimately, this paper argues for a paradigm shift from punitive legal responses to approaches rooted in care, dignity, and justice.

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Journal
AIDS Care
Published
2025-09-20
DOI
https://doi.org/10.1080/09540121.2025.2562458
Primary Topic
Sex work and related issues
Type
article
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article

Humanising the law: harnessing science and community voices to end HIV criminalisation

Edwin J Bernard
AIDS Care
Sex work and related issues
article

Humanising the law: harnessing science and community voices to end HIV criminalisation

Edwin J Bernard
article en

Abstract

HIV criminalisation is a global phenomenon undermining both public health and human rights. Although scientific advances have transformed HIV into a manageable condition, legal systems have not kept pace. This paper traces the evolution of community-led responses to HIV criminalisation over nearly two decades, demonstrating how science, advocacy, and storytelling have collectively reshaped legal and policy frameworks. It describes the formation and strategic interventions of the HIV Justice Network and, later, the HIV JUSTICE WORLDWIDE coalition; highlights methodological innovations such as legal monitoring and community-based documentation; and emphasises the centrality of human rights principles. Case examples - including the legacy of Ugandan nurse Rosemary Namubiru - illustrate the impact of HIV criminalisation and the power of resilience. While challenges persist amidst growing authoritarianism and disinformation, coordinated global efforts continue to advance evidence-informed, rights-based alternatives. This paper calls for a humanisation of the law that centres lived experiences, elevates scientific understanding, and fosters justice for people living with HIV. Ultimately, this paper argues for a paradigm shift from punitive legal responses to approaches rooted in care, dignity, and justice.

AIDS CareVol. 37(12)
Global Network of People Living with HIV/AIDS (NL)
Openalex Percentile: Top 66%
Sex work and related issues
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