A/HRC/16/69
policy table their unique and needed perspective on the structural and personal risks
they face and how these can be addressed — is too often unfulfilled. Stigma,
discrimination and criminalization directly undermine the provision and utilization of
HIV services that key affected populations need. In spite of epidemiological
imperatives and clear evidence of their effectiveness, basic HIV-prevention services
for people who inject drugs are all too often simply unavailable.
IV.
Recommendations
47.
A number of recommendations emerged as a result of the submissions received
and the Geneva consultation.
A.
Strategic reorientation of global and national HIV response
48.
Respecting, protecting and fulfilling the human rights of those living with and
vulnerable to HIV are good in themselves and are essential to achieving universal
access to HIV services, and thus to reversing the epidemic. As emphasized at the
Geneva consultation, a fundamental strategic shift is needed in order to give human
rights actions a more central place in national and global responses. The Human
Rights Council, the treaty bodies and special procedures should do everything possible
to establish legal and social environments in which HIV responses are effective and
the human rights of people living with and vulnerable to HIV are respected, protected
and fulfilled.
49.
The information provided for the present study indicates that human rightsrelated programmes either do not exist in national HIV responses or, in many cases,
are not brought to scale or are scattered and fragmented. UNAIDS summarized four
pillars that require a strategic shift:
• Investing in better assessment of those who are the most vulnerable and why
and how they are vulnerable to HIV
• Shifting programmes to ensure truly adequate coverage for those most
vulnerable and for the range of their needs
• Shifting partnerships to ensure the meaningful engagement of ministries
dealing with, inter alia, justice, law enforcement, prisons, human rights,
gender, migration and labour
• Shifting the content of programmes and policies so that they focus on the legal
and social environment necessary for universal access and for the
empowerment of affected and vulnerable persons.
50.
A number of concrete programme priorities are implied by such a realigned
strategy, which would, if funded, implemented and taken to scale in national HIV
responses, go a long way to reduce HIV-related stigma and discrimination, open up
space for greater uptake of HIV services, and increase access to justice in the context
of HIV. The priorities are:
(a)
To reform and monitor laws that may impede effective HIV responses,
including removing punitive criminal laws used repressively against sex workers, men
who have sex with men, transgender persons and people who use drugs;
(b)
To reform laws and policies to promote and protect the rights of children
affected by HIV, including the rights to non-discrimination, property, education,
health care and an adequate standard of living;
GE.10-17842
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