Sunday, May 29, 2005

How many men are charged for giving HIV to Women?

HIV-positive mom charged

HAMILTON (CP) - Police have arrested and
charged an HIV-positive mother who allegedly
failed to alert hospital staff to her condition
during childbirth so they could protect the
newborn from infection.

The mother faces one count each of failing to
provide the necessaries of life and criminal
negligence causing bodily harm. The baby has
tested positive for HIV.

Hospital staff who met with the pregnant woman
in early 2004 recommended the newborn baby
be given the drug AZT and secured an agreement
that the mother would not breastfeed her child,
police said.

But the accused stopped taking her medication
during the pregnancy and delivered the baby at a
different hospital, where she denied having had
any prenatal care. Police said that when she was
specifically asked about her medical history,
she denied her HIV status.

The mother was diagnosed as HIV positive prior
to the birth of her first child in 2003. She followed
medical advice to ensure the safe delivery of that
child, who does not have HIV.

Both children are in the care of the Catholic
Children's Aid Society.
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Commentary:

I really don't know what these people are thinking.
It seems like a very poor decision to charge this
woman criminally. Perhaps they might think about
getting her some assistance and support instead.
What was the child welfare system doing while this
situation was going on? Was she offered high-quality
pre-natal care and support? Were she and the other
child being monitored and supported by the child
welfare system?

I have worked with women in these types of situations
and generally their families, community and society have
failed them in the first place. To me this condemnation,
punishment and criminalization will not help address the
marginalization, fear and pain this woman, and many
like her experience, at the hands of those in authority.
Yes, her children deserve intervention, safety and
protection, but this mother also deserves compassion,
support and care. This just smacks of sexism, classism
and continuing victimization by the state. I hope the
Crown sees this and acts in her best interests.

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