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Defending the human rights of people living with or affected by HIV and key populations

Defending the human rights of people living with or affected by HIV and key populations. Using the Law to Defend Human Rights in the HIV Epidemic: Courts in Action Richard Elliott, Canadian HIV/AIDS Legal Network Leadership and Accountability Development Workshop (MOWS11)

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Defending the human rights of people living with or affected by HIV and key populations

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  1. Defending the human rights of people living with or affected by HIV and key populations • Using the Law to Defend Human Rights • in the HIV Epidemic: Courts in Action • Richard Elliott, Canadian HIV/AIDS Legal Network • Leadership and Accountability Development Workshop (MOWS11) • AIDS 2014, Melbourne, 21 July 2014

  2. HIV in the courts • Discrimination (based on HIV or other status) in various contexts • Access to care, treatment and support services • Breaches of privacy • Violence against women, LGBTI people, people who use drugs, sex workers • Custody and guardianship of children • Involuntary sterilization and abortion • Criminalization of HIV non-disclosure, (perceived) exposure or transmission • Criminalization of same-sexual sexual conduct, sex work, drugs and people who use them • Access to treatment and prevention interventions in prisons/closed settings • Migration and asylum policy, conditions • Employment issues • Housing rights and land tenure issues, other property rights (e.g. in context of inheritance, separation/divorce, etc.) • Access to education and content of curriculum • Informed consent and other rights re HIV testing, treatment, participation in research • Patents & other aspects of intellectual property affecting access to medicines and knowledge

  3. Judicial power  responsibility • Facilitate access to justice • Protect people living with or at risk of HIV against human rights violations, and provide redress • Address fears, misconceptions and prejudices against PLHIV and others • Generate a sense of dignity and justice among PLHIV and those affected by epidemic and by related infringements of human rights • Support access to HIV prevention, care, treatment and support services that is universal and equitable

  4. Judging the Epidemic: A judicial handbook on HIV, human rights and the law (UNAIDS, 2013)

  5. 1. HIV in courtroom: considerations • Non-discrimination in courtroom procedures • Accessibility for parties with disabilities • Protecting against HIV-related threats, breaches of privacy or other abuses • Important contributions of third-party interveners

  6. 2. Science and medicine of HIV • Summary basics of HIV transmission • HIV disease and treatment • Sexual transmission of HIV and living with HIV

  7. 3. Legal decisions that promote human rights in context of HIV • Discrimination on the basis of actual or presumed HIV+ status • Criminal law and HIV non-disclosure, exposure and/or transmission • Sexual assault and domestic violence • Drug laws, harm reduction & rights of people who use drugs • Women’s rights with respect to family and property law • HIV treatment and health care • Human rights & criminalisation of key populations (SWs, MSM)

  8. Format and approach • Short summary of key messages at beginning • Introduction to issue, HIV in that context • Human rights standards (international & national) • Adjudicating cases: factors to consider • Highlighted cases

  9. Case study: HIV treatment and health care • Intro: importance of (uninterrupted) access to treatment and care • Human rights standards: e.g. ICESCR, General Comment 14 • Factors to consider when adjudicating right to health • Applying the right to health: question of justiciability • Cost of treatment and intellectual property issues • Other factors in social or legal environment affecting access • Human rights in health care settings • Right to give informed consent (or refusal) • Right to privacy regarding personal health information • Protection against abuse, discrimination in health settings

  10. Questions for discussion • What one (or two) thing(s) about HIV would it be most important for judges and magistrates to know? • What is one major misconception about human rights analysis at play in judicial thinking and decision-making? • What would be the best means of addressing these gaps in knowledge or deficiencies in reasoning? • Which body/forum could make use of a judicial handbook on HIV and related human rights issues?

  11. Handbook online: • www.unaids.org • www.aidslaw.ca

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