Ethical And Legal Aspects Of Hiv Disclosure

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There are many ethical and legal issues regarding the disclosure of HIV status in Australia, specifically before engagement in a sexual relationship. These issues are investigated in a variety of articles and reports, including “The paradox of public HIV disclosure” (Paxton, 2002), which analyses the multifaceted benefits of disclosure in relation to social, psychological and physical health. Incongruently, alternate articles such as, “Disclosure of HIV-positive status among people from minority ethnic communities in Sydney” (Korner, 2007), assess the social risks for those who disclose their HIV status, investigating the negative impact disclosure may have on an individual’s health. Additionally, “The problem with Section 79: the call to amend HIV disclosure laws in NSW” (Harlum, 2016) and “Should it be illegal for HIV-positive persons to have unprotected sex without disclosure?” (Horvath, 2010) examine the legal aspects of HIV disclosure through a thorough evaluation of the laws regarding it, while assessing the outcome of the implementation of these laws. Although it is acknowledged that the social stigma surrounding HIV causes substantial social risks for those who disclose their HIV status, the benefits of disclosure must also be considered in order to determine whether or not laws should be put in place to make disclosure a requirement prior to engagement in a sexual relationship. This essay argues that there is an insignificant need for laws regarding disclosure of HIV status to sexual partners.
Disclosure of HIV status has various benefits. This is particularly clear in a study “The paradox of public HIV disclosure” (Paxton, 2002), which recognises the benefits of disclosing HIV status, not only prior to sex, but publicl...

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...s been made evident that disclosure can cause loss of employment, the breakdown of relationships and families as well as rejection from sexual partners. Consequently, those who suffer from the issues that come with disclosure also suffer from poor mental health and low self-esteem. Additionally, the article also states that, “leading a double life is psychologically disturbing” positing the unseemly notion that experiencing discrimination due to HIV status is not harmful to an individual’s mental health, despite copious evidence that it has an extremely detrimental affect on mental health, and in some cases, physical health.
Various articles examining the ethical and legal issues surrounding the disclosure of HIV status prior to sexual relationships make evident that the disadvantages of disclosure outweigh the benefits, making clear that disclosure is unnecessary.

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