| Literature DB >> 31369211 |
Tamara Taggart1,2, Keosha T Bond3,4, Tiarney D Ritchwood5, Justin C Smith6.
Abstract
INTRODUCTION: Youth under the age of 25 are at high risk for HIV infection. While pre-exposure prophylaxis (PrEP) has the potential to curb new infections within this population, it is unclear how country-specific laws and policies that govern youth access to sexual and reproductive health (SRH) services impact access to PrEP. The purpose of this review was to analyse laws and policies concerning PrEP implementation and SRH services available to youth in countries with a high HIV incidence. To the best of our knowledge this is the first systematic assessment of country-level policies that impact the availability of PrEP to adolescent populations.Entities:
Keywords: HIV prevention; PrEP; PrEP uptake; adolescents; health policy; low- and middle-income countries
Mesh:
Substances:
Year: 2019 PMID: 31369211 PMCID: PMC6672744 DOI: 10.1002/jia2.25363
Source DB: PubMed Journal: J Int AIDS Soc ISSN: 1758-2652 Impact factor: 5.396
Age of consent laws for sexual intercourse, medical treatment, sexual and reproductive health services, and HIV testing
| Country | Age of consent to sexual intercourse | Age of consent to medical treatment | Age of consent to access contraceptives | Age of consent HIV testing |
|---|---|---|---|---|
| Australia | 16‐17 years. Varies by state (Crimes Act and Criminal Code Act) | Unclear. Varies by state, although age of majority is 18 years (Minors (Property and Contracts) Act 1970; Consent to Medical Treatment and Palliative Care Act 1995) | Unclear. Varies by state, although age of majority is 18 years (Minors (Property and Contracts) Act 1970; Consent to Medical and Dental Procedures Act 1985) | No age limit. HIV screening should be discussed with all adolescents who are sexually active or have a history of injection drug use. Parental or guardian involvement in an adolescent's healthcare is often desirable, but is sometimes contraindicated for the safety of the adolescent, and can compromise full disclosure (The National HIV Testing Policy 2017) |
| Brazil | 14 years (Brazilian Criminal Code, Decree Law 2848, Law 12,015) | 18 years. Although, the HIV/sexual transmitted infection program provides access to ART at any age (Sistema Único de Saúde – SUS (Brazilian Universal Health System, created by Law 8808/1990)) | No age limit. There is no age restriction in the law for males or females to have access to contraceptives. There is no law requiring parental consent for access of contraceptives. The policy of the public health system provides contraceptives to females in childbearing age, every woman of childbearing age (10 to 49 years) has access to contraceptives (Public Health System, Basic Health Units – Brazilian Federal Constitution and by Law 9263) | 12 years (Law 8069/1990; Ministry of Health Ordinance 23) |
| Ethiopia | 18 years. Sex with a minor of the opposite sex aged between 13 and 18 years is a crime. (Criminal Code of 2005; Article 629, Ethiopian Penal Code) | Unclear. Age of the majority is 18 years (Article 257(1) of the Revised Family Code; Criminal Code, Article 545(1)) | No age limit. Age of the majority is 18 years | 15 years (Guidelines for HIV counselling and testing in Ethiopia. Federal Ministry of Health) |
| France | 15 years (Article 227‐25 of the French Penal Code) | 12 years (Article L5126‐4 of the French Penal Code) | Under 18 years can access contraceptive services and emergency contraception without parental consent (Article L5134‐1 of the French Public Health Code) | No age limit. As long as a person can give their free and informed consent (Article 2311‐14 of the French Public Health Code; Ministerial Order Article 1) |
| India | 18 years (Indian Penal Code sections 375‐377) | Unclear. Age of majority is 18 years. However, there is evidence that a child above the age of 12 years can give consent to medical treatment if he or she understands the nature and consequences of the treatment (Age of Majority Act; Indian Penal Code section 89) | Unclear | Unclear. A minor can be tested with parental consent. Age of majority is 18 years (Guidelines issued by National AIDS Control Organization and Age of Majority Act) |
| Indonesia | Men can consent to sex with a woman at 19 years, and women can consent to sex with a man at 15 years. The age of consent to sex for all same‐sex partnerships is 18 years. However, in some provinces, the age of consent to heterosexual sex is after marriage and all same‐sex sexual activity is illegal (Indonesian Penal Code section 4) | Unclear. People under the age of 18 years have the right to healthcare services, and the right to speak and have their opinions heard and receive, seek and impact information pursuant to their intellect and age. However, the age of majority for entering contracts is 21 (Child Protection Law sections 8 and 10) | Unclear. One law states that only married persons can access contraceptives (Law on Population Development and Development of Family; The Health Law (No. 36/2009)) | 18 years. Anyone under 18 needs the consent of the parent or guardian for HIV testing (Health Ministerial Decree No. 1507/2005 on Guidelines for Voluntary Counselling and Testing for HIV & AIDS) |
| Kenya | 18 years (Sexual Offences Act section 8) | 18 years (Age of Majority Act) | No age limit (Reproductive Healthcare Bill section 4) | 18 years. Under 18 may independently consent in writing to an HIV test if she is pregnant, married, a parent or is engaged in behaviour which puts him or her at risk of contracting HIV. Children can consent with written consent of a parent or legal guardian of the child (HIV and AIDS Prevention and Control Act) |
| Mozambique | 18 years (women). Sex with a woman under 18 years is rape (Penal Code and Family Law Act) | Unclear | None | 16 years (The Constitution of November 16, 1990) |
| Nigeria | 18 years (The Child Rights Act section 31) | 18 years (Criminal Code Act and Code of Medical Ethics) | Unclear | 18 years (The Federal Ministry of Health's 2010 National Guidelines for HIV and AIDS; HIV and AIDS (Discrimination) Act No 7) |
| South Africa | 16 years (Sexual Offences and Related Matters Act 32) | 12 years (The Children's Act No 38 section 129) | 12 years (The Children's Act No 38 section 134) | 12 years (The Children's Act No 38 sections 130‐133) |
| Tanzania | 18 years (women) unless married, then the age of consent is 15 or more years (Sexual Offences Special Provisions Act) | None stated, but age of majority is 18 years (AIDS Law Brief, Age of Consent for Voluntary Medical Male Circumcision in Tanzania) | None | 18 years. People under 18 years who are sexually active, married, or have children can consent to testing. Under 18 years requires written consent from a parent or recognized guardian (Section 15(2) marriage act, Tanzania National AIDS control programme) |
| Thailand | 15 years (Thai Criminal Code Article 279) | Unclear. Age of majority is 20 years of age. However, minors can consent to some procedure (Civil and Commercial Code) | Unclear | 18 years. Under 18 years can independently consent to HIV testing if it is determined that they are capable of understanding the testing process |
| Uganda | 18 years (Penal code section 147) | Unclear (The Public Health Act; The Constitution section 34) | None | 12 years (National Policy Guidelines on HIV Counselling and Testing section 4.1) |
| Ukraine | 14 to 17 years, but must have completed pubertal development (Criminal Code article 155 and 156) | Unclear (Article 284 of the Civil Code; Minister of Health's Order No. 382) | Unclear (Article 284 of the Civil Code; Minister of Health's Order No. 382) | 14 years (Article 284 of the Civil Code; Law of Ukraine on Combating the Spread of Diseases Caused by Virus Human Immunodeficiency (HIV)) |
| United Kingdom (England) | 16 years (Sexual Offences Act of 2003) | 16 years. People under 16 years can consent, but it is at the doctor's discretion (Children Act; Family Reform Act; “Gillick Competence”) | 16 years | 16 years. Under 16 years accessing sexual healthcare (which would include HIV testing as part of a sexual health screen) without a parent or guardian should be assessed for competency to consent (Children Act) |
ART, antiretroviral HIV.
National PrEP guidelines and national adolescent PrEP guidelines by country
| Country | PrEP national guidelines | Adolescent PrEP guidelines |
|---|---|---|
| Australia | ✓ |
✓ |
| Brazil | ✓ | None |
| Ethiopia | ✓ | None |
| France | ✓ | None |
| India | None | None |
| Indonesia | None | None |
| Kenya | ✓ |
✓ |
| Mozambique | None | None |
| Nigeria | ✓ | None |
| South Africa | ✓ |
✓ |
| Thailand | None | None |
| Tanzania | ✓ | None |
| Uganda | ✓ |
✓ |
| Ukraine | None |
✓ |
| United Kingdom (England) | ✓ |
✓ |
✓ indicates yes.
PrEP, pre‐exposure prophylaxis; TGW, transgender women.