Linkages between Criminalization of HIV Transmission, Gender Inequalities and Human Rights, Nakuru, Kenya Author(s): Ndegwa Mutiga, Paul Moses 1 1 Ambassadors of Change, NGO, Advocacy, Nakuru, Kenya

Introduction:  HIV epidemic affects Kenyan women even more severely than men.  Young women aged are5.5 times more likely to become infected with HIV than men of the same age group  Among those already infected 3 out of 5 HIV - infected are female  Women rarely use female condoms as HIV preventive tools as they are expensive, hard to find and viewed with suspicion by both men and women.  Women encounter difficulties accessing health care, worsened by stigma and discrimination associated with the disease.

Methods:  Semi-structured group discussions, questionnaires and interviews were applied engaging 104 women living with HIV to obtain information and understand the implications of the law criminalizing HIV transmission.  Three legal counsels, 19 health providers at VCT and HIV treatment clinics and 8 human rights advocates were involved in the study.  The questionnaires were carried out by a trained duo in a central, neutral and confidential location observing ethical considerations.  Literature review and policy analysis were additional methods for the study.

Findings:  Most respondents felt criminalizing HIV will not deter the risky sexual behaviors that lead to the spread of HIV  But may undermine other public health initiatives by sending mixed messages about sharing responsibility for safe sex and creating mistrust of public health agencies.  The laws violates children's rights to family by prosecuting mother-to-child transmission.  Imprisoning people with HIV for a prolonged period will result in increasing deaths due to weak prisons systems and in adequate health care facilities (15 years prison sentence-HIV Bill).

Findings:  Criminalizing HIV transmission violates the privacy of people infected with HIV forcing them to reveal their HIV status.  The laws discriminates against people living with HIV when it requires only those infected rather than both partners to practice safe sex and engenders stigma against the disease.  The law undermines the right to presumption of innocence by shifting the burden of proof to people living with HIV.

Conclusion:  There is a need to address the gender dynamic of HIV transmission.  Criminalizing HIV transmission violate the fundamental human rights in particular women and girls living with HIV.  The laws will discourage disclosure of status including HIV testing.  Increase availability and access to VCT.  Promote condom use among women of reproductive ages.

Conclusion:  Expand PMTCT efforts and discourage pre-marital sex among adolescents.  Improve availability of safe blood supplies  Expand access to post-exposure prophylaxis (PEP) to reduce probability of contracting HIV.  Ensure prevention and treatment efforts are mutually supporting.  Promote judicial activism to challenge the laws.

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