scholarly journals HIV/AIDS and its monsters. Negotiating criminalisation along the monster–human continuum

2021 ◽  
pp. 136754942110179
Author(s):  
Agata Dziuban ◽  
Friederike Faust ◽  
Todd Sekuler ◽  
Justyna Struzik ◽  
Lina Bonde ◽  
...  

We use the concept of the ‘monster’ in this article as an analytical tool to grasp a variety of persons who – understood to be criminals in their countries of residence, and living with or thought to be particularly vulnerable to HIV – are perceived as threats from across the European region. Building on the field of monster studies, we focus here on strategies undertaken to shift the ‘monstrous’ towards the ‘human’ along what we describe as monster–human continuums. Relying on ethnographic fieldwork from Germany, Poland and Greece, four case studies examine processes of (re-)humanisation in the fields of migration, prisons, drug use and sex work that emerge at the intersections of humanitarianism, public health, human rights and citizenship. In particular, we propose that these strategies can entail the production of dissimilar forms of political subjectivity, the redistribution of responsibility or vulnerability and a reshuffling of blame within the moral economy of innocence and guilt – strategies that produce particular norms and forms of the human. These strategies, moreover, involve the normalisation or suppression of ‘abnormal’, ‘irrational’ or ‘guilty’ dimensions of criminalised subjects, thereby taming their capacity to confuse or confront societies’ worldviews, and ultimately foreclosing the possibility to imagine a being-in-the-world otherwise. We thus conclude by asking how embracing the monstrous might facilitate the navigation of cultural, social and moral anxieties that leave room for complex and conflicting practices and subjectivities.

Author(s):  
Nicole von Germeten

The conclusion surveys how in nineteenth-century Mexico, Europe, and regions around the world under European colonial rule, sex work took place in an environment of increasing government intervention, a phase in the history of sexuality that extends into the twenty-first century. The concern about disease control took on a more scientific, sanitary tone in the eighteenth century. This discourse remained critical to sex work law, as it does to the present day. Through prolific regulations, scientific studies, works of literature, and statements made by sex workers themselves, the nineteenth and twentieth centuries saw an enormous increase in the archiving and inscribing of women who sold sex. But their roles remained the same: either pathetic victims (usually of non-whites or non-Christians or other feared populations), lascivious and scandalous disturbers of the peace, or dehumanized and horrific threats to public health. Imperialism and international conceptions of race/gender difference led to increasing government regulation in locations as dispersed as the disappearing Spanish American viceroyalties, extending outwards to Europe, Asia, and Oceania.


2021 ◽  
Author(s):  
Matthew M Kavanagh ◽  
Schadrac C Agbla ◽  
Mara Pillinger ◽  
Marissa Joy ◽  
Alaina Case ◽  
...  

How does the use of criminal law affect disease-fighting efforts, particularly in a pandemic? This longstanding question for governments around the world is felt acutely in the context of the COVID-19 and HIV pandemics. Many countries have laws and policies that criminalise behaviours, making same-sex relationships, illicit drug use, and sex work illegal. Meanwhile, some countries have enshrined gender- and rights-protective institutions in law. Under the global AIDS strategy of the last five years, national AIDS response efforts in countries have focused on reaching people living with HIV with testing and antiretroviral treatment to suppress the HIV virus, preventing mortality and HIV transmission. At the end of this 5-year push, this article provides an ecological analysis of whether those countries with criminalising legal environments achieved more or less success. In countries where same-sex relationships were fully criminalised, the portion of people living with HIV who knew their status was 11% lower and viral suppression rates were 8% lower. Under sex-work criminalization, the rate of people living with HIV who knew their status was 10% lower and viral suppression 6% lower. Drug use criminalisation was associated with 14% lower knowledge of status and viral. On the other hand in countries with laws advancing non-discrimination, human rights institutions, and gender-based violence response, HIV services indicators were significantly better. This ecological evidence on the relationships between the legal environment and successful HIV response provides support for a strategy that includes a focus on law reform to achieve goals missed in 2020.


Author(s):  
Wu Chuang-Feng ◽  
Wu Chien-Huei

This chapter explores how to navigate health-related human rights in the trade and public health complex by tracing the intersection of international trade and public health and examining the role of international trade in global health law. An intrinsic tension exists between international trade, public health, and human rights in this globalizing world. Even though growing global interconnectedness has generated economic growth and information sharing, it is also characterized by threats—to access to medicine, commercialization of health care, and widening health inequality. Although this tension was well recognized in the development of the World Trade Organization, it has become much more complicated in recent decades. By addressing critical questions surrounding trade and public health, examining the transformation of risks into opportunities through global efforts, it will be possible to investigate possible venues to resolve trade and public health tensions in light of human rights.


2001 ◽  
Vol 10 (3) ◽  
pp. 231-240 ◽  
Author(s):  
JOSEPH C. d'ORONZIO

Jonathan Mann was a pioneer in establishing communication between the world of public health and that of human rights activism. At the very start, he strongly believed that although each of these two fields was in the midst of separate paradigm shifts, these shifts are essential, perhaps causal, to the combined health and human rights movement.


2020 ◽  
Author(s):  
Katherine HA Footer ◽  
Bradley E. Silberzahn ◽  
Sahnah Lim ◽  
Steven Huettner ◽  
Victor A. Kumar ◽  
...  

Abstract Background: Building on a broader sociological discourse around policing approaches towards vulnerable populations, increasing public health and human rights evidence points to policing practices as a key health determinant, particularly among street-based sex workers. Despite the importance of policing as a structural health determinant, few studies have sought to understand the factors that underlie and shape harmful policing practices towards sex workers. This study therefore aimed to explore the drivers for policing attitudes and practices towards street-based cisgender female sex workers.Methods: Drawing on ethnographic methods, 280 hours of observations with police patrol and 10 stakeholder interviews with senior police leadership in Baltimore City, USA were carried out to better understand the drivers for policing strategies towards cisgender female sex workers. Analysis was data- and theory-driven, drawing on the concepts of police culture and complementary criminological and sociological literature that aided exploration of the influence of the ecological and structural environment on policing practices.Results: Ecological factors at the structural (e.g., criminalization), organizational (e.g., violent crime control), community and individual level (e.g., stigmatizing attitudes) emerged as key to shaping individual police practices and attitudes towards cisgender female sex workers in this setting. Findings indicate senior police support for increased alignment with public health and human rights goals. However, the study highlights that interventions need to move beyond individual officer training and address the broader structural and organizational setting in which harmful police practices towards sex work operate. Conclusions: A more in-depth understanding of the circumstances that drive law enforcement approaches to street-based sex work is critical to the collaborative design of interventions with police in different settings. In considering public health-police partnerships to address the rights and health of sex worker populations in the U.S. and elsewhere, this study supports existing calls for decriminalization of sex work, supported by institutional and policy reforms, neighborhood-level dialogues that shift the cultural landscape around sex work within both the police and larger community, and innovative individual-level police trainings.


2021 ◽  
Author(s):  
Nancy S Jecker ◽  
Shizuko Takahashi

Abstract Stigmatization and sharming of healthcare workers in Japan during the coronavirus 2019 (COVID-19) pandemic reveal uniquely Japanese features. Seken, usually translated as ‘social appearance or appearance in the eyes of others,’ is a deep undercurrent woven into the fabric of Japanese life. It has led to providers who become ill with the SARS-CoV-2 virus feeling ashamed, while concealing their conditions from coworkers and public health officials. It also has led to healthcare providers being perceived as polluted and their children being told they were not welcome in schools. Although such experiences are not isolated to Japan and have appeared in other parts of the world, the cultural forces driving them in Japan are unique. Overcoming stigmatization and shaming of Japanese healthcare providers will require concerted efforts to understand cultural barriers and to view such practices as raising human rights issues affecting the safety and well-being of all.


2003 ◽  
Vol 31 (4) ◽  
pp. 524-528 ◽  
Author(s):  
Lawrence O. Gostin

A single defining question perennially intrigues scholars and practitioners interested in public heath: To what extent should human rights be limited to protect the community’s health and safety? The question achieved prominence in the aftermath of the attacks on the World Trade Center and Pentagon on September 11, 2001 and with the intentional dispersal of anthrax spores through the U.S. Postal Systein. The conflict between security and public health intensified with the development of the Model State Emergency Health Powers Act (“Model Act”), drafted by the Center for Law and the Public’s Health at the request of the Centers for Disease Control and Prevention. The Model Act grants states consiclernble powers to control persons and property in response to a public health emergency, defined to inclucle bioterrorism or the appearance of novel or previously controlled or eradicated infectious agents or biological toxins.


Author(s):  
Érika Do Amaral Véras ◽  
Romulo Rhemo Palitot Braga

No Brasil, assim como em diversos países do mundo, principalmente os países em desenvolvimento, o abortamento representa um grave problema de saúde pública, justiça social e direitos humanos, tornando o aspecto penal apenas um detalhe. Este estudo pretende conceder uma visão geral sob a temática do aborto, trazendo as principais mudanças sobre o assunto ao longo do tempo e, em especial, o atual posicionamento do Poder Judiciário brasileiro. Para tanto, o método de abordagem escolhido para elaboração do presente artigo foi o dedutivo, o método de procedimento foi o histórico e a técnica de pesquisa a bibliográfica.  WOMAN AND THE RIGHT TO THE OWN BODY: THE GUARDIANSHIP OF ABORTIONABSTRACT In Brazil, as well as in several countries of the world, especially developing countries, abortion represents a serious problem of public health, social justice and human rights, making the criminal aspect only a detail. This study intends to give an overview on abortion, bringing the main changes on the subject over time and, in particular, the current position of the Brazilian Judiciary. For this, the method of approach chosen for the elaboration of the present article was the deductive, the method of procedure was the historical and the research technique the bibliographic. KEYWORDS Abortion; Crime; Right.


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