human rights

The risk of HIV infection and its impact feeds on violations of human rights, including discrimination against women and marginalized groups such as sex workers, people who inject drugs and men who have sex with men. HIV also frequently begets human rights violations such as further discrimination and violence. Over the past decade the critical need for strengthening human rights to effectively respond to the epidemic and deal with its effects has become evermore clear. Protecting human rights and promoting public health are mutually reinforcing.

Several countries still have policies that interfere with the accessibility and effectiveness of HIV-related measures for prevention and care. Examples include laws criminalizing consensual sex between men, prohibiting condom and needle access for prisoners, and using residency status to restrict access to prevention and treatment services. At the same time, laws and regulations protecting people with HIV from discrimination are not enacted, or fully implemented or enforced.

Reforming laws and policies that are based in deeply-rooted social attitudes and norms such as gender inequality requires multisectoral collaboration. Although not sufficient to change social attitudes, legislation is important for addressing acts of discrimination. Civil society, including organizations of people living with HIV, as well as other parts of society, including police and justice systems, have a critical role to play. International organizations and donors can also play a positive role in support of local and national actors.

The protection of human rights, both of those vulnerable to infection and those already infected, is not only right, but also produces positive public health results against HIV. In particular, it has also become increasingly clear that:

  • National and local responses will not work without the full engagement and participation of those affected by HIV, particularly people living with HIV.
  • The human rights of women, young people and children must be protected if they are to avoid infection and withstand the impact of HIV.
  • The human rights of marginalized groups (sex workers, people who use drugs, men who have sex with men, prisoners) must also be respected and fulfilled for the response to HIV to be effective.
  • Supportive frameworks of policy and law are essential to effective HIV response

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