Monday, March 28, 2005

How not to get HIV/AIDS

There has been plans to introduce a law which will effectively criminalise HIV-infected persons who engage or intend to engage(how will they prove this???) in sexual acts with an uninfected person, irregardless of knowledge of their condition, effectively making it a strict liability offence.

I suggest the mere suggestion of enacting such a legislation is preposterous.

But of course, in SG where the concept of citizenry in addition to liberty is virtually non existent, it comes as no surprise that most (non-infected) persons support such a legislation.

Admittedly from a 'healthy individual's' point of view such a law is both beneficial and fair, especially towards HIV-infected individuals who knowingly engage in sexual promiscuity despite knowledge of their ailment.

Righteous non-infected persons will claim such a law will prevent irresponsible and selfish HIV-infected persons from 'spreading the plague', which is in effect true. So then, why isn't such a law appropriate?

Simply because such a law is a grossly disproportionate response to combat the spread of HIV. It is akin to executing old persons above a certain age because we have an ageing population problem. You may be lividly wondering how I could have the audacity to compare a HIV-infected person with a senior citizen. It may come as a unpleasant shock to 'normal' persons but amazingly, HIV-infected persons are persons as well. They are entitled not to be stigmatised nor discriminated against just because of their condition. They, like everyone else, have a right to life, as far as their failing immune systems will take them. It is not right to say that a HIV-infected person 'deserves his fate' because he had dangerous sexual habits, because this is being judgemental.

So how about just limiting the legislation to persons who, despite knowing of their condition, indulge and infect others by sexual contact? Again, this sounds like the next best plan, however, such a law will instead have a negative rather than positive impact, because this will make it better for persons NOT to go for HIV tests even if they suspect they are carriers, since without knowledge, they wont be caught by a legislation aimed at knowing transmitters.

Of course, SG-reans are used to protectionist and supposedly communitarian laws, which are much based on public policy rather than legal certainty. Should such a legislation be enacted it is probable that the prosecution will exercise its discretion, and use it as a weapon to target malicious infectors (such as rapists and knowing infectors). However, this again results in a want of legal certainty, something which imho is a crucial element of a true democracy.

So how should we be protected against these HIV infected persons? Rather than depending on the government to enact draconian laws, we can simply practice safe sexual habits. Thats right, no risky sex, a limited number (preferably one;)) of 'tried and tested' sexual partners, and taking the appropriate precaution. Another way is to practise safe drug-using habits, of which the safest method is not to abuse any drugs at all.

Queries

But what about HIV infectors who rape innocents?

There are already laws enacted to deal with rapists. As such, a law targeting potential HIV-infected rapists will overlap with a law targeting rapists.

What about the poor wives who are infected by their husbands who contracted HIV through having sex with prostitutes?

But why are the husbands having sex with prostitutes in the first place?

What about HIV-infected persons who purposely donate HIV-tainted blood?

There are measures in place to prevent HIV-infected persons from donating blood. Should such a measure fail, I suggest that the fault and blame should lie predominantly on the screening procedure/persons involved with the screening procedure.


rel="tag">HIV legislation in Singapore"

5 Comments:

Blogger redrown said...

Hi Ivan,

I agree that the Gov usually gets away with what they want and the citizens will just passively accept the changes.

There IS actually a law that makes knowing transmission of HIV/AIDS and offence (s23 of the Infectious Disease Act) but imho such a legislation compromises the right to confidentiality of his ailment...(s25)- and as such it would be more beneficial not to know of their ailment..

I actually thought about how an aggravated charge for HIV positive rapists will serve as a deterrence, but I realised that it probably won't deter would be HIV-infected rapists much because:

1)Rapists already face very harsh sentences involving long jail sentences caning.

2)AFAIK a person who is HIV+ will not be eligible for caning anyway on grounds of health...

3)While condemning others to a life of sickness and frailness is indeed reprehensive, the HIV+ rapists are already 'screwed' anyway...they will probably be dead whether or not there is an aggravated sentence and hence if they could actually bring themselves to commit such a crime, they will probably not be able to serve out their entire sentence, aggravated or not.

so its more of a matter of overlap and redundancy of an aggravated offence rather than anything else..

7:49 AM  
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2:39 AM  
Blogger Michael said...

Hi Mr.Redrown you have posted an wonderful topic, which is the essential one at this situation. HIV/AIDS is keep on increasing in worldwide. Hope This post might create awareness for few of them.
------------------
Michael

Advisor

9:44 PM  

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