Human Rights and HIV: Why Human Rights Must be at the Centre of HIV Responses - the UNAIDS Perspective

1. Human Rights and HIV:Why Human Rights Must be at the Centre of HIV Responses- the UNAIDS Perspective UNDP PSRC, RRRT, UNAIDS HIV, Human Rights and the Law Consultation 11-13 April 2007, Auckland, New Zealand StuartWatson UNAIDS

2. “The full realisation of all human rights and fundamental freedoms for all is an essential element in the global response to the HIV / AIDS pandemic.” • From the Declaration of the United Nations High Level Meeting on HIV and AIDS, July 2006 UNAIDS/S.NOORANI UNDP PSRC, RRRT, UNAIDS HIV, Human Rights and the Law Consultation 11-13 April 2007, Auckland, New Zealand UNAIDS

3. 1) Achieving Universal Access will be impossible • In 2006, World Leaders committed • “….to pursuing all necessary efforts….towards the goal of universal access to comprehensive prevention programmes, treatment, care and support by 2010.” • Yet many of those most in need of HIV services are the least likely to receive them UNAIDS/S.NOORANI UNDP PSRC, RRRT, UNAIDS HIV, Human Rights and the Law Consultation 11-13 April 2007, Auckland, New Zealand UNAIDS

4. 2) Existing Prevention, Treatment and Care Programs are Under Attack • Even in countries that have fought hard to establish effective HIV and AIDS services, international and donor pressure is forcing a retreat to failed approaches such as “abstinence only” UNAIDS/S.NOORANI UNDP PSRC, RRRT, UNAIDS HIV, Human Rights and the Law Consultation 11-13 April 2007, Auckland, New Zealand UNAIDS

5. 3) Human Rights Violations Fuel Social Marginalisation and Risk of HIV Transmission • Many of those who are at highest risk of HIV infection have one thing in common: their personal status, identity or behaviour is criminalised by law. • The French have a simple term that says it all: HIV has become a problem mainly for “les exclus”, or “the excluded ones” living at the margins of society.” Jonathan Mann, 1998 UNAIDS/S.NOORANI UNDP PSRC, RRRT, UNAIDS HIV, Human Rights and the Law Consultation 11-13 April 2007, Auckland, New Zealand UNAIDS

6. 4) Women Face a Higher Risk of HIV Because of Widespread Gender Discrimination • Women account for almost half of HIV infections worldwide (and now MORE than 50% in many countries including PNG) due to women’s marginalisation and subordination often inscribed in law and enshrined in culture and practice. UNAIDS/S.NOORANI UNDP PSRC, RRRT, UNAIDS HIV, Human Rights and the Law Consultation 11-13 April 2007, Auckland, New Zealand UNAIDS

7. 5) Increased Funding for HIV is only Part of the Solution • The most proven ways of addressing HIV remain banned or restricted by law in most countries UNAIDS/S.NOORANI UNDP PSRC, RRRT, UNAIDS HIV, Human Rights and the Law Consultation 11-13 April 2007, Auckland, New Zealand UNAIDS

8. 6) Human Rights Cannot be Separated from Good Public Health • Guaranteeing basic rights such as consent, confidentiality, information, and protection from HIV related discrimination is not only important in itself, but also increases people’s willingness to take regular HIV tests and to disclose their status to others. UNAIDS/S.NOORANI UNDP PSRC, RRRT, UNAIDS HIV, Human Rights and the Law Consultation 11-13 April 2007, Auckland, New Zealand UNAIDS

9. 7) HIV is NOT like other Diseases • HIV and AIDS still attracts deep social stigma unlike other manageable chronic medical conditions such as diabetes • The link between HIV and marginalised “different” or socially “deviant” populations in the collective consciousness has been strong from the beginning. Hence the public health and human rights question: would further repression or isolation of these populations be effective in containing the spread of HIV, or would working with them in a rights respecting way be more effective? • Joanne Csete, 2005 UNAIDS/S.NOORANI UNDP PSRC, RRRT, UNAIDS HIV, Human Rights and the Law Consultation 11-13 April 2007, Auckland, New Zealand UNAIDS

10. 8) Rights-based responses to HIV are practical and effective • Human Rights approaches to HIV are real, practical, and cost-effective. UNAIDS/S.NOORANI UNDP PSRC, RRRT, UNAIDS HIV, Human Rights and the Law Consultation 11-13 April 2007, Auckland, New Zealand UNAIDS

11. 9) Human Rights Rhetoric is NOT enough • “Realisation of Human Rights and fundamental freedoms for all is essential to reduce vulnerability to HIV and AIDS” • United Nations General Assembly Special Session on HIV (UNGASS), Declaration of Commitment, paragraph 58. UNAIDS/S.NOORANI UNDP PSRC, RRRT, UNAIDS HIV, Human Rights and the Law Consultation 11-13 April 2007, Auckland, New Zealand UNAIDS

12. 10) Recommended UNAIDS Essential Policy Actions for HIV Prevention • #1 – Ensure that human rights are promoted, protected and respected and that measures are taken to eliminate discrimination and combat stigma • #5 – Promote gender equality and address gender norms and relations to reduce the vulnerability of women and girls, involving men and boys in this effort • #11 – Review and reform legal frameworks to remove barriers to effective, evidence-based HIV prevention, combat stigma and discrimination and protect the rights of people living with HIV UNAIDS/S.NOORANI UNDP PSRC, RRRT, UNAIDS HIV, Human Rights and the Law Consultation 11-13 April 2007, Auckland, New Zealand UNAIDS

13. Conclusion BE PART OF THE SOLUTION, NOT PART OF THE PROBLEM UNAIDS/S.NOORANI UNDP PSRC, RRRT, UNAIDS HIV, Human Rights and the Law Consultation 11-13 April 2007, Auckland, New Zealand UNAIDS

14. References: • Human Rights and HIV / AIDS: Now More Than Ever – 10 Reasons Why Human Rights Should Occupy the Center of the Global AIDS Struggle. Law and Health Initiative, Open Society Institute, 2006. • Intensifying HIV Prevention: UNAIDS Policy Position Paper. UNAIDS, August 2005. StuartWatson UNAIDS