Posts Tagged ‘Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health’

Human rights in the response to HIV: a UN consultation

June 6, 2019

HIV and AIDS used to be a major and controversial topic. It has now moved a bit to the background but is still most relevant. This also shows some of the good work the UN is doing that many people dont know about:

In accordance with Human Rights Council resolution 38/8, a consultation on human rights in the response to HIV was held in Geneva on 12 and 13 February 2019. It was attended by a wide range of stakeholders, including representatives of Member States and of United Nations agencies, funds and programmes, special procedure mandate holders, experts and members of civil society, including persons living with, presumed to be living with, at risk of or affected by HIV. During the consultation, participants examined best practices, evidence, lessons learned and the challenges faced when removing human rights barriers and the promotion of human rights in the response to HIV in regional and subregional strategies. Participants discussed issues and challenges pertaining to the respect for and the promotion of human rights in the response to HIV, with a focus on regional and subregional strategies and best practices. The full report published on 1 May 2019 can be found in the link below. These are the recommendations made at the consultation.

Recommendations

Participants made a number of recommendations during the consultation, particularly with regard to regional and subregional strategies and best practices:

(a)States should remove structural barriers, including discriminatory laws and policies, and apply human rights-based approaches to the response to HIV, putting people living with HIV at the centre of their policies, programmes and practices. In order not to leave anyone behind, States should increase their efforts to reach the most marginalized women and adolescents, key populations vulnerable to HIV, including gay men and other men who have sex with men, sexworkers, people who use drugs, transgender people, and persons in prisons and other closed settings. Communities should be involved in the design, implementation and delivery of policies, programmes and practices.

(b)States should review their laws in accordance with international human rights law. In order to improve the human rights aspect in the response to HIV, States and their parliaments could collaborate at the regional and subregional levels to develop human rights-based normative content to inspire the domestication of laws at the national level. In order to reach Sustainable Development Goal target 3.3 and to leave no one behind, States should adopt legislation, policies and practices that decriminalize sex work, drug use, same-sex relations, and gender identity and expression, and provide access to gender recognition.

(c)In order to improve the effectiveness of the response to HIV, States should strengthen cooperation at the regional, subregional and global levels to support and invest in programmes and services that promote the right to health and the rights of people living with HIV.

(d)Strengthened accountability is vital to ensure that the rights of people living with HIV, including the right to health, are promoted and respected. States should collaborate with regional human rights mechanisms and engage with them in good faith, and follow up on decisions and sentences made by such bodies with a view to effectively implementing them.

(e)National human rights institutions and civil society have an important role to play in strengthening human rights accountability. The shrinking space for civil society is a key driver in leaving behind people living with HIV, particularly key populations. States should respect, protect and promote civil society space, provide an enabling regulatory and funding environment that allows civil society to work at the national, regional and subregional levels, and repeal laws that create barriers to the activities of civil society bodies. Civil society should be empowered to collect data, address human rights violations, participate in policymaking and decision-making, implementation and monitoring, including on issues relating to HIV and the rights of people living with HIV. In order to improve its effectiveness,civil society could cooperate at the regional level on joint advocacy efforts, including with regional mechanisms.

(f)In the current context of shrinking donor funding for HIV and health programmes, including in newly transitioned middle-income States, programmes aimed at removing barriers to human rights can be affected, particularly with regard to the rights of key populations. The retraction of global health funding in States transitioning to middle-income, without corresponding investment by domesticfunds, can lead to the loss of funding for services and rights programmes and advocacy for key populations, making them even more vulnerable. The Human Rights Council could develop guiding principles for health donors, which would be based on human rightsand should be formulated in coordination with UNAIDS and in consultation with States, key populations, communities and donors.

(g)States should review and adopt legislation, programmes and policies to combat stigma and discrimination, violence and abuseagainst people living with or at risk of HIV, with particular attention to key populations. States should work with United Nations agencies, civil society, communities and key populations to invest in programmes, education and other actions to eliminate HIV-related stigma and discrimination in all areas of life, including through the Global Partnership for Action to Eliminate All Forms of HIV-related Stigma and Discrimination. Regional and subregional networks have an important role to play in raising awareness and eliminating stigma and discrimination.

(h)States should ensure that universal health coverage promotes both the health and rights of all persons, including the most marginalized, such as people living with HIV and key populations, and addresseshuman rights barriers to health. States should ensure that human rights, including the right to health of persons living with HIV, are integrated into discussions on universal health coverage, including in the lead-up to the high-level meeting of the General Assembly on universal health coverage and in its outcome document

UN Human Rights Council