LEGAL EAGLE: ​Stigma is more harmful than HIV

I recalled recently our Firm acting for a client who is HIV positive. He was receiving effective treatment and had an undetectable viral load which meant there was zero chance of him transmitting HIV to anyone else.
A poster for the 'Stigma is More Harmful than HIV' campaign.A poster for the 'Stigma is More Harmful than HIV' campaign.
A poster for the 'Stigma is More Harmful than HIV' campaign.

One weekend he visited an Emergency Dentist. On disclosing his HIV status, he was denied treatment until he could prove the results of his latest viral test. This had no relevance in any way to his dental treatment and was not an issue the Dentist should have raised with him.

My ears therefore pricked at the recent announcement of a new media campaign funded by the Scottish government tackling stigma against people living with HIV: “Stigma Is More Harmful Than HIV”.

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Some readers may remember the TV adverts accompanied by leaflets delivered to all houses in the UK in 1987 which raised awareness of HIV. The adverts included one with a tombstone and another with the word “AIDS” hidden under an iceberg. Whilst the ads increased awareness, the 1987 campaign unfortunately left a long shadow of fear about HIV.

HIV is a virus and AIDS is the condition which may develop as a result of HIV not being treated. In the 1980s there was no known treatment and many people died. HIV affects all groups in society. In 2022 the number of heterosexual people newly diagnosed with HIV was higher than gay or bisexual men in Scotland. In 2021 48% of people accessing HIV treatment were aged 50 or over.

Huge progress has been made with HIV treatment. Now a person who receives treatment can expect to live a healthy life. Daily treatments and regular testing for the presence of the virus can result, after a period of approximately 6 months, in a person having an undetectable viral load meaning the risk of HIV transmission is zero.

95% of people diagnosed with HIV are on effective treatment and have an undetectable viral load meaning they cannot transmit the virus for as long as they maintain their daily drug treatment.

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The medical developments have been great but unfortunately a stigma still exists among many in society against people with HIV. Despite medical advances that stigma persists.

The latest media campaign by the leading HIV charity, the Terrence Higgins Trust, and funded by the Scottish government seeks to address the stigma.

Discrimination can even be received from medical practitioners. Many people have given examples of having Covid vaccinations or other medical treatments where the Doctor or Nurse has e.g. put on two pairs of gloves “just to be on the safe side” – clearly upsetting for the patient and highly unacceptable behaviour from the medical professional.

Hopefully the media campaign will help to address the stigma which can still exist around HIV. If you have suffered discrimination as a result of being HIV positive you should consider complaining about the person/persons who have behaved unacceptably, you should seek advice from a specialist charity such as the Terrence Higgins Trust and/or seek legal advice to tackle the discrimination.

As the new media campaign states, it is the stigma which now harms more than the HIV.