Friday, October 05, 2012

An Astonishing Canadian Supreme Court Decision On HIV Disclosure

In Canada, thanks to a gobsmacking decision by the Canadian Supreme Court issued today, you no longer need to tell your potential or current partner you have HIV as long as you have a low viral load and use a condom.

CBC News:

The Supreme Court of Canada has ruled that some people with low levels of HIV who use condoms during sex do not need to disclose their condition to sexual partners.

In a 9-0 ruling, the top court updated a landmark 1998 decision that made it a crime if HIV carriers did not reveal their status when there was a significant risk of transmission to a sexual partner.

Wow. So according to the Canadian Supreme Court, an individual infected with a deadly communicable virus does not need to disclose to a potential intimate partner that they HIV. This is because, according to the court, it is just a low risk, and the infected's privacy beats requiring full disclosure to a partner, whose health and decision is, according to the court, of lesser import.

The court ruled Friday that the "realistic possibility of transmission of HIV is negated" provided the carrier of the virus has a low viral load and a condom is used during sexual intercourse.

Of course, members of the Canadian Supreme Court, unlike the Canadian dating public in general, are unlikely to face a situation where they will be unknowingly intimate with people with low HIV viral loads willing to use condoms.

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