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Johannesburg 24-26 June 2014

Impact of legal aid programmes for persons with HIV, drug users and other affected populations. Johannesburg 24-26 June 2014. INTERNATIONAL DEVELOPMENT LAW ORGANIZATION “IDLO” Health and Law. Health is a human right guaranteed in international law

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Johannesburg 24-26 June 2014

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  1. Impact of legal aid programmes for persons with HIV, drug users and other affected populations Johannesburg 24-26 June 2014

  2. INTERNATIONAL DEVELOPMENT LAW ORGANIZATION “IDLO” Health and Law • Health is a human right guaranteed in international law • The IDLO bridges law and health for vulnerable groups • The ‘enabling legal environment’ now seen as essential to health rights • Includes legal services for marginalized and vulnerable populations • Legal literacy and legal empowerment are key • Often involves civil rights such as speech and association

  3. IDLO support for national HIV-related legal services • 16 countries • 5.5 years (2009-2014) • UNAIDS & UNDP Asia-Pacific Latin America Middle East and North Africa Central and West Africa

  4. Overview: key points for the provision of HIV-related legal services Different models for delivering HIV- related legal services Training of lawyers on HIV basics, and more Peer outreach workers can increase demand Legal services protect public health by keeping key populations out of prison Collect evidence for advocacy while providing services

  5. Options for delivery: Stand-alone HIV legal services with full-time lawyers Integrated into government legal aid HIV or harm reduction organizations Community outreach – ‘street law programs’ Integrated into other human rights services Private sector lawyers on a pro bono basis Lawyers retained by community based organizations University law school ‘legal clinics’ Models for delivering HIV- related legal services

  6. Training of lawyers on HIV basics, and more • Training includes: • HIV and drug use 101 • Sensitivity towards clients • HIV and drug use legal issues • Applicable national and international law • Relevant case law • Referral options if needed • Data collection and reporting

  7. Peer outreach workers can increase demand ORWs identify and contact PLHIV and key affected populations, provide them with legal information, and encourage them to contact a lawyer if they wish to do so.

  8. Legal services protect public health by keeping key populations out of prison ‘In our experience, drug users and other key populations arrested on HIV-related criminal charges, who have quality legal representation, are unlikely to go to prison. The police are unable to make the case and the courts are unwilling to convict without evidence… …If a drug user or homosexual appears in court without a lawyer, he is likely to be sent to prison.’ (Legal service provider, Egypt)

  9. Collect evidence for advocacy while providing services Evidence is essential for sound law and policy reform Evidence based on data from legal services, and strategic litigation. Need to assure confidentiality when collecting data. Law Reform Legal Services

  10. Thank You IDLO acknowledges the following development partners and donors for their support to its HIV global program: Australian AidFord FoundationJoint United Nations Programme on HIV/AIDS (UNAIDS)OPEC Fund for International Development (OFID)United Nations Development Program (UNDP)World Bank Group Ahmed Shehata, Program Coordinator Middle East and North Africa/Asia Regions, IDLO ashehata@idlo.int

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