This article is in response to Laura Chown’s article, “Supreme Court HIV ruling promotes stigma.”
The Supreme Court ruled the following in R. v. Mabior: that an individual would not have to disclose HIV status, provided the following two conditions are met: (1) a low viral load of HIV, and (2) use of a condom.
Chown argues that the Supreme Court was wrong in applying the two-part test. For her, if either one of the two parts of the test are met, there should be no requirement for disclosure. Consistent with the views of the HIV/AIDS Legal Network, she states that the ruling promotes “stigma” and places an extra burden on those living with HIV.
The topic of consent is strongly promoted on campus. To be able to enter a contractual decision with another person, one needs to have all the facts to make a rational decision weighing costs and benefits. Chown further states that, “Condom use, regardless of viral load, is close to 100 per cent effective in preventing the transmission of HIV when used properly.” This is incorrect. The number is closer to 80 per cent.