A legal assessment of the effect of criminalising HIV/AIDS non-disclosure, exposure, and transmission in Uganda: a case study of Kampala District

Abstract

HIV/AIDS is the most serious health problem in Uganda today and the leading cause of death among adults. Whereas the country has registered significant strides in tackling the epidemic, the prevalent rate remains high. Over the years, Uganda has instituted several measures to address the causes of the epidemic. These have included the Abstinence, being faithful and the use of condoms (ABC) approach, the Prevention of the Mother-to-Child-Transmission (PMTCT) programme, which aims to reduce the number of babies born with HIV, among other interventions. On May 13, 2014, the Parliament of Uganda enacted the HIV Prevention and Control Act. This legislation is designed to establish comprehensive measures for the prevention and management of HIV and AIDS. It encompasses the protection, counseling, testing, and care services for individuals who are infected with or affected by HIV and AIDS. This law has been described by legal practitioners, medical experts and human rights activists as a setback in the country’s efforts to address and control HIV/AIDS. This study utilized a mixed-methods approach to examine the impact of the HIV/AIDS Prevention and Control Act of 2014 in Uganda, specifically regarding the criminalization of HIV/AIDS non-disclosure and exposure. The findings indicate that while the objectives of the Act appear to be well-intentioned, certain provisions may adversely affect the progress made in combating the spread of HIV/AIDS. Some of the most contentious provisions relate to HIV/AIDS non-disclosure, exposure, and transmission. The study reveals that the application of the provisions would potentially fuel discrimination and stigma, and draw back the people from seeking for HIV services and treatment. The study recommends a review of the Act to eliminate clauses that exacerbate stigma and discrimination, increase in community awareness to combat stigma, as well as strengthen community support systems to PLWHIV.