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HUMAN RIGHTS AND HIV – Ukrainian experience. Governance of hiv /aids project UNDP Ukraine. Outline. Situation with HIV and human rights Human rights approach in responding to the HIV epidemic UNDP’s AIDS Watch Initiative Plans for the future. Situation with HIV and human rights.
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HUMAN RIGHTS AND HIV – Ukrainian experience Governance of hiv/aids project UNDP Ukraine 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Outline • Situation with HIV and human rights • Human rights approach in responding to the HIV epidemic • UNDP’s AIDS Watch Initiative • Plans for the future 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Situation with HIV and human rights • Good standards of HIV legislation but low level of its enforcement • Numerous human rights violations • Absence of the system of monitoring and response to violations • Existing services to protect the human rights of the PLWH are dispersed with no coordination mechanisms 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Ukrainian legislation against the international backdrop Ukraine has ratified: • International Covenant on Civil and Political Rights • International Covenant on Economic, Social and Cultural Rights • European Convention on Human Rights Its Constitution, Laws and Regulations incorporate requirements of these documents 4th RBEC CoP meeting, Moscow, June 5-7, 2007
HOWEVER – numerous violations of the human rights in relation to HIV/AIDS status are common practice in Ukraine (data of the “Rhetoric and Risk” HRW report, www.hrw.org) Rebecca Schleifer,Human Rights Watch Researcher, at a round table in the UNDP Ukraine, March 2006 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Just one illustration… In the office of the Chernigiv branch of the All-Ukrainian network of PLWH,summer 2006 4th RBEC CoP meeting, Moscow, June 5-7, 2007
The most severe case of displaying negative attitude to the PLWH in Ukraine The same office after a fire (result of an arson) 19 October, 2006 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Other recent cases of human rights violations • HIV infecting of 3 newborns in Mariupol through blood transfusion, those responsible found not guilty, no material compensation (new litigation started) • Refusal in medical treatment and expelling from the medical facility with separation from a newborn of a mother under pretext of being HIV-positive in Kirovograd (later not confirmed, litigation started) 4th RBEC CoP meeting, Moscow, June 5-7, 2007
41.5 % of PLWH in Ukraine report of violations of their rights, but only 6.7% have documental evidence of such violations 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Importance of human rights monitoring in responding to HIV • This information is crucial as a basis for prevention of human rights abuses in the future • According to the International HIV and Human Rights Guidance principle 11, States should ensure monitoring and enforcement mechanisms to guarantee the protection of HIV-related human rights • However, no human rights institutions have developed mechanisms for collecting information on human rights and HIV/AIDS 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Human rights approach in responding to the HIV epidemic • Mobilizing of the civil society efforts to combat violations of human rights in the sphere of HIV/AIDS • Work with the state officials on promoting adoption of HIV policies in different sectors (labour market, education, tourism, etc) 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Civil society capacity • There are 8 national and 194 regional CSOs in Ukraine that deal with the issues of HIV • Altogether (along with the state organizations) they represent a considerable force to be employed in counteracting to human rights violations 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Addressing stigma and discrimination related to HIV/AIDS All-Ukrainian network of PLWH announced among the winners of the 2006 Red Ribbon Award, Toronto, August 2006 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Lars Kallings, UN GS Special Envoy on HIV/AIDS, presents a symbolic cheque to Volodymyr Zhovtyak, All-Ukrainian network of PLWH chairman The event was organized and publisized by the UNDP CO (the very appearance of the AUN PLWH was possible due to the UNDP support) At the ceremony of presenting the Red Ribbon money award, December 1st. 2006, Kiev 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Main results of work with the State Labour Inspectorate • 5 trainings in 2005- 2006, 60 inspectors trained • 5 HIV resource centres and 1 HIV hot telephone line established at labour inspectorates • Pilot projects on HIV-prevention and non-discrimination on 2 plants launched • Labour inspectors are competent to design and evaluate HIV policies at enterprizes • Co-operation with the regional PLWH groups established 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Deputy Minister of Labour and Social Policy Mr V. Tyotkin (right) along with Deputy Chief State Labour Inspector Mr D. Los (centre) have been paying great attention to the issues of HIV prevention in the world of work Opening of the HIV resource centre at the Chernigiv regional labour inspection 4th RBEC CoP meeting, Moscow, June 5-7, 2007
AIDS WATCH UKRAINE – UNDP initiative VISION National human rights - based service organization rendering fast effective aid to the people affected by the HIV/AIDS epidemic with use of all available expert resources and spreading culture of tolerance in the society 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Principles of work • One Stop Shop • Standardization of processes • Fast response 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Functions • Receiving of complaints and reacting • Early revealing through monitoring • Popularization and encouragement of positive experience • Expertise of legislation • Training 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Difference from other organizations: • Human rights based (not merely legal) • Ensures use of all available resources and their enhancement through synergy • Adaptive, flexible, self-learning structure • Able to give high-level analytical material 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Actions already taken • One consultative meeting with invitation of interested stakeholders • 3 working group meetings with invitations of observers • Great advocacy efforts aimed at joining up major HIV CSOs around this idea • Basics of ideology and methodology are ready 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Participants: The All-Ukrainian Network of People Living with HIV, Coalition of HIV-service NGOs, and All-Ukrainian Council for rights protection and safety of the patients A Memorandum of Intentions has been signed on November, 2nd, 2006. 4th RBEC CoP meeting, Moscow, June 5-7, 2007
What is being implemented now • Network of the legal professionals, human rights activists, CSOs to render legal and human rights aid to those affected by HIV – under construction • System of national monitoring of human rights violations in the realm of HIV-under construction (both – core elements of the AIDS Watch Ukraine) 4th RBEC CoP meeting, Moscow, June 5-7, 2007
As an instrument of advocacy for human rights of the IDUs UNDP CO initiated and organized this publication dedicated to the issues of substitution maintenance treatment UNDP Ukraine booklet “Return to Life”, 2007 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Plans for the future • To establish AIDS Watch Ukraine as an All-Ukrainian institution – in a 1 year period • To continue work with the regional labour inspectors on building awareness on HIV at the labor market • To expand work on HIV human rights education and prevention onto tourist sector as one as most conducive for the epidemic 4th RBEC CoP meeting, Moscow, June 5-7, 2007
There is no easy solutions like this guy suggests, however, if moving in a coherent way, we can to counteract the HIV epidemic through human rights protection in particular Self-proclaimed specialist in curing AIDS is rejected by the political activists, summer 2006, Kiev 4th RBEC CoP meeting, Moscow, June 5-7, 2007
Thank you for attention and greetings from Kiev! Contact info: vladimir.gordeiko@undp.org 4th RBEC CoP meeting, Moscow, June 5-7, 2007