2023 Theses Master's

Discussion Of U.S. HIV Criminal Law From A Bioethical Point Of View

Griffin, Fiona

This paper investigates and analyzes the public health outcomes and ethical dilemmas created by the enactment and enforcement of the human immunodeficiency virus (HIV) specific criminalization laws in the United States. Thirty five states have HIV-specific laws criminalizing the transmission and/or exposure of HIV (CDC, 2022). These laws were passed when little was known about HIV transmission methods or risks and criminalize behaviors that pose no threat of HIV transmission. Today, these laws have negative public health effects and impose unethical circumstances on vulnerable populations. This paper demonstrates that HIV criminalization laws do not adhere to the bioethical principles of autonomy, beneficence, nonmaleficence, and justice. It investigates how HIV-specific laws violate the principle of autonomy by failing to comprehensively inform persons living with HIV (PLWH) of the legal scope, content, and requirements of the law. It highlights that in the punishment of sexual behaviors that pose minimal risk of HIV transmission, HIV criminalization laws violate the right of persons for self-determination and decision making. It asserts that HIV criminalization laws fail to promote beneficence, as they do not prevent those at risk of HIV from harm, and do not promote the health and well-being of PLHW. It argues that these laws disregard the principle of nonmaleficence by perpetuating harmful stigmatization and discrimination of PLWH and cause unwarranted emotional trepidation for PLHW. Finally, it warrants that HIV criminalization laws contradict the principle of justice by overburdening historically marginalized communities. This paper refutes counter arguments made in support of HIV criminalization laws and illustrates that HIV criminalization laws fail as a structural level HIV prevention intervention. Finally, it suggests future directions for the modernization of HIV criminalization policy.