Paper Example on HIV Disclosure Law in Australia

Introduction

Human Immunodeficiency Virus (HIV) is a type of virus that is transmitted through body fluids which damage the immune system of a person (Sharp & Hahn, 2011). With a weakened immunity, the human body finds it difficult to battle with infections and other opportunistic diseases. According to Sharp & Hahn, (2011), being diagnosed with HIV is a very traumatizing and confronting experience. There is a lot of dilemma between the necessity to have control over personal information and the ethical demand to warn others on the risk of contracting HIV. A number of HIV-positive individuals consider it appropriate to disclose their HIV status to their partners. This revelation relies mostly on the timing and prevailing circumstances. While some individuals are able to express it to their partners promptly, others may find it difficult because of the fear that they will be stigmatized (Emlet, 2006). However, despite all this, anyone with HIV has a right to enjoy absolute human rights free from prejudice. At the same instance, such persons need to be fully aware of how the laws may have an impact on them in light of their conditions. This essay will highlight the application of laws in Australia with regards to the effects of HIV and its disclosure.

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HIV, unlike other illnesses, has had a long and unfavorable relationship with the criminal law in Australia (Galletly & Dickson-Gomez, 2009). The people infected with the virus in the earlier years experienced a lot of stigmas. This was premised on the fact that it had a huge fatality and thus it created tremendous fear among the people. The concerns that the virus could be used as a weapon gave birth to the criminalization of HIV transmission and exposure (Jeffreys, Matthews & Thomas2010). As Emlet, (2006), asserts, Australia has seen more than 38 criminal prosecutions relating to HIV transmission as well as exposure during sexual activities. Despite the notable improvements in the wellbeing and longevity of individuals carrying the virus, the rate of criminal actions has not declined. In Australia, the criminal laws governing HIV exposure and transmission are different from one state to another; though a mutual factor is that individuals with the virus are required to take precautionary measures to forestall transmission. Such measure could include the use of condoms.

There are existing laws in certain states in Australia which safeguard the confidentiality of persons living with the virus. This is displayed by a general prohibition of nurses, doctors and other healthcare professionals from disclosing the HIV status of a person without prior consent. In addition, people residing in these states and using the new Electronic Health Record have the autonomy of managing what the health care providers can access about them(Galletly & Dickson-Gomez, 2009).In case there is a sensitive information concerning someone, one can easily remove it making it impossible to be accessed anywhere else. However, in some states, it is a legal requirement for an individual to reveal one's HIV status to a sexual partner. In addition to that, there are also other situations where individuals face a legal obligation to disclose their HIV status. The law emphasizes that HIV-positive individuals cannot under any circumstance participate in donating semen, blood, ova or body tissues and as such, donors are asked about their HIV status (Galletly & Dickson-Gomez, 2009). As noted by Galletly & Dickson-Gomez, (2009), the Department of Immigration and Border Protection in Australia demands that anyone wishing to apply for permanent residency or visas hand in their HIV test results. Also, one may be required to declare their HIV status in the application of life insurance covers. Jeffreys, Matthews & Thomas (2010) cite that actually, companies may decline to insure you if found to be living with HIV or a refusal to disclose the status. Similar conditions are also imposed on other types of insurance like the travel insurance plans. In addition, it is mandatory for healthcare workers to reveal their HIV status if their nature of operations is exposure-prone. In the same way, individual wishing to join the county's defense forces are required by law to undergo an HIV test.

Laws have been passed across Australia which are applied to prosecute any individual who recklessly and deliberately exposes or transmit the HIV virus to another person. The country's states and territories have the autonomy to enact and enforce criminal laws (Emlet, 2006).).Different jurisdictions have got varied and specific offenses that constitute transmission. Yet in other in other states, individuals with HIV are charged with offenses like causing bodily harm (Jeffreys, Matthews & Thomas2010). As noted by (Costa & Duffy, 1991), the Western Australian, South Australian as well as the Northern territory jurisdictions have established laws that give room to forced testing of blood borne viruses (BBVs) if a person is accused of an offense. These activities are premised on the notion that HIV can be passed on from one person to another by biting or spitting.

The most affected group by the strict laws against HIV in Australia are the Sex workers. The state perceives sex workers as people who are infected with the virus (Jeffreys, Matthews & Thomas, 2010). Even though there is no documented case in the country of a sex worker infecting a client, most states in Australia hold that being HIV positive as a sex worker is illegal. The sex workers therefore potentially run the risk of prosecution in many states on matters to do with transmission and exposure to HIV. Various groups have actively advocated against the unthinkable criminal prosecution of people living with HIV in Australia (Emlet, 2006). Their argument is that such legal actions derail public health initiatives and also contributes heavily towards stigmatization of individuals living with HIV. This also discourages people with the virus from seeking testing services and limits them for embracing the health systems as well.

Conclusion

In conclusion, despite HIV being a serious infection, the virus can be managed by adopting medical treatment coupled with a healthy lifestyle. The application of criminal law to govern HIV disclosures in Australia play an undeniably important role in cases where an individual may be keen to deliberately spread the virus.

References

Alliance, S. Australian Federation of AIDS Organisations. (2000). A guide to best practice. Occupational health and safety in the Australian sex industry.

Costa, M., & Duffy, M. (1991). Labor, prosperity and the nineties: Beyond the bonsai economy. Sydney: Federation Press.

Emlet, C. A. (2006). A comparison of HIV stigma and disclosure patterns between older and younger adults living with HIV/AIDS. AIDS Patient Care & STDs, 20(5), 350-358.

Galletly, C. L., & Dickson-Gomez, J. (2009). HIV seropositive status disclosure to prospective sex partners and criminal laws that require it: perspectives of persons living with HIV. International journal of STD & AIDS, 20(9), 613-618.

Jeffreys, E., Matthews, K., & Thomas, A. (2010). HIV criminalisation and sex work in Australia. Reproductive health matters, 18(35), 129-136.

Sharp, P. M., & Hahn, B. H. (2011). Origins of HIV and the AIDS pandemic. Cold Spring Harbor perspectives in medicine, 1(1), a006841.