Human rights and HIV

The risk of HIV infection and its impact feeds on violations of human rights, including discrimination against women and marginalized groups such as sex workers, people who inject drugs and men who have sex with men. HIV also frequently begets human rights violations such as further discrimination and violence. Over the past decade the critical need for strengthening human rights to effectively respond to the epidemic and deal with its effects has become evermore clear. Protecting human rights and promoting public health are mutually reinforcing.

Several countries still have policies that interfere with the accessibility and effectiveness of HIV-related measures for prevention and care. Examples include laws criminalizing consensual sex between men, prohibiting condom and needle access for prisoners, and using residency status to restrict access to prevention and treatment services. At the same time, laws and regulations protecting people with HIV from discrimination are not enacted, or fully implemented or enforced.

Reforming laws and policies that are based in deeply-rooted social attitudes and norms such as gender inequality requires multisectoral collaboration. Although not sufficient to change social attitudes, legislation is important for addressing acts of discrimination. Civil society, including organizations of people living with HIV, as well as other parts of society, including police and justice systems, have a critical role to play. International organizations and donors can also play a positive role in support of local and national actors.

The protection of human rights, both of those vulnerable to infection and those already infected, is not only right, but also produces positive public health results against HIV. In particular, it has also become increasingly clear that:

• National and local responses will not work without the full engagement and participation of those affected by HIV, particularly people living with HIV.
• The human rights of women, young people and children must be protected if they are to avoid infection and withstand the impact of HIV.
• The human rights of marginalized groups (sex workers, people who use drugs, men who have sex with men, prisoners) must also be respected and fulfilled for the response to HIV to be effective.
• Supportive frameworks of policy and law are essential to effective HIV responses.

UNAIDS works to help enable States to meet their human rights obligations, and to empower individuals and communities to claim their rights in the context of the HIV epidemic.

Human Rights and Universal Access: What have Governments committed themselves to?

To ensure the full enjoyment of all human rights and fundamental freedoms by people living with HIV and members of vulnerable groups; promoting access to HIV education and information; full protection of confidentiality and informed consent; intensifying efforts to ensure a wide range of prevention programmes, including information, education and communication, aimed at reducing risk-taking behaviours and encouraging responsible sexual behaviour, including abstinence and fidelity; expanded access to essential commodities, including male and female condoms and sterile injecting equipment; harm-reduction efforts related to drug use; expanded access to voluntary and confidential counselling and testing; safe blood supplies; and early and effective treatment of sexually transmitted infections; developing strategies to combat stigma and social exclusion connected with the epidemic.

Political Declaration on HIV, 2006

How do some of the relevant rights apply?
To empower rights-holders to claim their rights, to protect human dignity and to prevent the transmission of HIV, the following rights should be protected so that people will come forward for HIV information, education and means of protection, and will be supported to avoid risky behaviour:

• Non-discrimination : protected against discrimination if seek help or are HIV+
• Right to privacy : protected against mandatory testing; HIV status kept confidential
• Right to liberty and freedom of movement : protected against imprisonment, segregation, or isolation in a special hospital ward
• Right to education/information : access to all HIV prevention education and information and sexual and reproductive health information and education
• Right to health : access to all health care prevention services, including for sexually transmitted infections, tuberculosis, voluntary counseling and testing, and to male and female condoms

Vulnerable populations

Depending on the legal and social situation and the nature of the epidemic in country, some groups may be more vulnerable to infection and impact because of their legal status or lack of human rights protection, e.g. women, children, minorities, indigenous people, poor people, migrant-workers, refugees, sex workers, people who use drugs, men having sex with men, and prisoners.

These groups should have equal access to HIV prevention information, education, and commodities, and to HIV care, support and anti-retroviral treatment; should not be subject to sexual violence or coercion, where applicable; and should be able to participate in the formulation and implementation of HIV and AIDS policies that affect them.

• Non-discrimination/equality before the law : same access as others to services
• Rights to education and health : same access to HIV prevention education and information, and health care services, including STI services and condoms
• Liberty , security of person and freedom from cruel, inhuman and degrading treatment : freedom from violence, including sexual violence, freedom from mandatory testing
• Right to participate in public life : participation in the formulation and implementation of HIV policy

For those living with HIV or otherwise affected by it, the following rights should be protected:

• Non-discrimination and equality before the law : right not to be mistreated on the basis of health status, i.e. HIV status
• Right to health : right not to be denied health care/treatment on the basis of HIV status
• Right to liberty and security of person : right not to be arrested and imprisoned on the basis of HIV status
• Right to marry and found a family , regardless of HIV status
• Right to education : right not to be thrown out of school on the basis of HIV status
• Right to work : right not to be fired on the basis of HIV status
• Right to social security, assistance and welfare : right not to be denied these benefits on the basis of HIV status
• Right to freedom of movement , regardless of HIV status
• Right to seek and enjoy asylum , regardless of HIV status

UNAIDS Reference Group on HIV and Human Rights

The UNAIDS Reference Group on HIV and Human Rights is an independent, advisory body, established in 2002 to advise the Joint United Nations Programme on HIV/AIDS (UNAIDS) on all matters relating to HIV and human rights. The views of the Reference Group, including those expressed in their issue papers and statements, do not necessarily reflect the views or positions of the UNAIDS Secretariat or the Co-sponsors of UNAIDS.

The Reference Group advises UNAIDS on how it can strengthen the capacity of governments, civil society and the private sector to protect and promote human rights in relation to HIV, and how to operationalize human rights, gender and the principles of GIPA (Greater Involvement of People Living with HIV) in UNAIDS policies and technical support.

Read more on the UNAIDS Reference Group on HIV and Human Rights