A/HRC/16/69
using drugs and/or living with drug dependency underwent forced labour and other human
rights abuses in the name of treatment. ESCAP noted that children under the age of 18
years were sometimes confined to these centres and that the economic importance of the
cheap labour that they provided could give these centres political protection. In its
submission, Asia Catalyst reported that, in one Asian country, people could be held in such
centres for up to six years with no avenues of redress or due process. Hepatitis C was also
noted as a problem disproportionately affecting people who use drugs, for which they often
had no access to treatment. UNAIDS reported that, in many countries, there was a lack of
clarity as to whether basic coverage in public health services included hepatitis C treatment.
The Director of the International Harm Reduction Association emphasized that opioidsubstitution therapy and the management of pain with legal opiates were both impeded by
irrational restrictions on the use of opiates; about 80 per cent of people needing prescription
opiates for pain management had no access to them.
28.
A number of United Nations and Member State respondents credited Global Fund
support for the ability to scale-up services, such as needle exchange and opioid-substitution
therapy for people who use drugs. There was concern that declining donor support for the
Global Fund could endanger these programmes. According to the income-level criterion of
the Global Fund, some countries that had enjoyed this support might also be ineligible for
future assistance.
29.
Several respondents stressed the challenge of establishing or maintaining adequate
HIV services in prisons and pretrial detention centres in spite of the epidemiological
importance of HIV transmission in these settings. Some respondents recognized the lack of
access to condoms in prisons as a major gap in the national HIV response. Some noted that
drug injection took place in prison and that lack of access to sterile injection equipment
undermined HIV prevention, particularly in the many places where people who inject drugs
were overrepresented in prison populations. A few successes were noted. In Poland, all
persons in State custody may receive free antiretroviral therapy. In India, the Bombay High
Court ordered an expansion of HIV services for prisoners, including testing and
counselling.
F.
Gender-based subordination and violence
30.
At the Geneva consultation, nearly all respondents and several presenters
highlighted women’s legal, social and economic subordination and violence against women
as continuing concerns in national HIV responses, though often without detail about
programmes to address these problems. The representative of the Young Women’s
Christian Association asserted that gender inequality and violations of the rights of women
were widely recognized as drivers of HIV epidemics, but programme budgets nationally
and internationally did not reflect the urgency of addressing these abuses. The 2010 report
on the Declaration of Commitment on HIV/AIDS concluded that only 46 per cent of
countries had a specific budget for HIV programmes for women.
31.
Gender-based violence was reported by respondents from all regions to be a
widespread and entrenched problem. Several noted that laws against all forms of genderbased violence, including domestic violence and marital rape, were weak, non-existent or
poorly enforced. UNICEF specified in its submission that as many as one in four girls in
parts of Africa reported that their first sexual experience had been forced. In many parts of
Africa, HIV prevalence among girls was as much as 4.5 times greater than that of boys.
Where girls were much younger than their sexual partners or husbands, gender power
relations were such that refusing to have sex or demanding condom use might not be
possible. UNICEF also emphasized that, as difficult as it was to mobilize support for
programmes to combat violence against women, it was even more difficult to address
GE.10-17842
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