A/HRC/16/69
Moldova reported having passed an HIV law relatively early in its epidemic and revised it
in 2007 to incorporate broader human rights protections. Some countries consider that
wide-ranging protection against discrimination in their constitutions or other laws
prohibited HIV-related discrimination, even if that prohibition was not explicit. Other
countries had considered but not yet passed laws in this area. UNAIDS reported that, in
spite of extensive civil society support, a 2006 draft AIDS bill with anti-discrimination
provisions has not been passed into law in India.
9.
Mechanisms to ensure access to justice under HIV-related non-discrimination
statutes were described in several survey responses; the responses suggested that there was
little investment in ensuring that people knew and were able to claim their rights under
these laws. Brazil, exceptionally, had several complementary mechanisms of enforcement
and redress involving public prosecutors, public defenders and councils for the defence and
promotion of human rights at the municipal level. UNAIDS noted that the antidiscrimination law of the former Yugoslav Republic of Macedonia established an
independent commission to oversee implementation and enforcement. In Sweden, where a
new anti-discrimination law in 2009 brought together the provisions of seven earlier laws
including prohibition of HIV-related discrimination, an “equality ombudsman” had been
established to oversee compliance. UNAIDS reported that the anti-discrimination law of
Chad, adopted in 2007, created an oversight mechanism as well as legal clinics or resource
centres to assist with complaints. The 2010 report on the Declaration of Commitment on
HIV/AIDS concluded that, while 71 per cent of countries had laws prohibiting HIV-related
discrimination, only 56 per cent had mechanisms to deal with violations.
10.
In spite of legal protections against it, HIV-related discrimination is reportedly
rampant in many forms across the world and is closely linked to stigma. For example, the
United Nations Children’s Fund (UNICEF) and others emphasized that children living with
HIV or from families where a parent was living with HIV often faced discrimination in
school and society. Asia Catalyst, a non-governmental organization, reported that, in
several Asian countries, when people living with HIV formed organizations, they faced
discriminatory barriers to being registered as non-governmental organizations. The 2010
report on the goals described in the Declaration of Commitment on HIV/AIDS highlighted
accounts of discrimination and against people living with HIV from across the world,
including refusal of employment, denial of health and social services, insults and physical
abuse.
11.
Several respondents reported widespread HIV-related discrimination in the world of
work, including in recruitment and in the denial of promotions. The Association of Young
Lawyers in Niger, a non-governmental organization, reported that employers dismissed or
demoted people living with HIV, but claimed that these actions were for other reasons.
UNDP reported that, in Croatia, people living with HIV could not serve in police forces or
private security firms, even in administrative jobs. Poland noted that the military excluded
people living with HIV, even though a court decision had struck down a similar rule for
police forces. The International Labour Organization (ILO) highlighted the fact that the first
global labour standard on HIV and AIDS, passed by the International Labour Conference in
June 2010, was an important step in addressing HIV-related discrimination in the world of
work. The new AIDS recommendation enjoined countries and employers to ensure
protection from HIV-related discrimination for all workers in all forms and situations of
work, as well as in all stages of employment, including recruitment, retention and
promotion. ILO launched the implementation phase of the recommendation in 2010.
12.
Echoing observations related to stigma, many respondents noted that HIV-related
discrimination was integrally linked to discrimination based on a person’s status as a sex
worker, man who has sex with men, transgender person, prisoner or former prisoner, or
person who uses illicit drugs. The International HIV/AIDS Alliance, a non-governmental
6
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