A/HRC/16/69 42. The International HIV/AIDS Alliance noted with concern that, since 2005, 14 States had adopted laws in sub-Saharan Africa that enabled the criminalization of HIV transmission under many circumstances, without regard for the actual risk of transmission. In Niger, one of the 14 States, the Association of Young Lawyers judged that this law was the fruit of ill-informed fears among legislators and urged reform of the law. The Canadian HIV/AIDS Legal Network reported “ever more expansive use of criminal law” in these areas in Canada, even in cases where “significant risk” of transmission had not been demonstrated. The Sex Workers Forum in Vienna asserted that even a person who did not know that he or she was infected could be prosecuted in Austria for criminal negligence related to HIV exposure. Both UNDP and the Government of Finland reported that sensational reporting of criminal cases relating to transmission contributed to HIV-related stigma and undermined the right to confidentiality. 43. At the Geneva consultation, in response to a Member State query, a UNAIDS expert emphasized again that new HIV-specific laws in this area were likely to contribute to stigma and run counter to efforts to expand the uptake of HIV prevention and treatment, and that the rare cases that merited prosecution should be handled by existing law. The Governments of Brazil and of Sweden reported their decisions to use existing law for cases of intentional transmission rather than to make an HIV-specific law. Brazil noted that there was still a need to work with judicial officials to avert unnecessary criminal prosecutions. Switzerland was in the process of modifying its penal code to restrict prosecutions to cases where intentional transmission could be demonstrated. At the Geneva consultation, the representative of Lebanon emphasized that some degree of decriminalization could go a long way to improving access to HIV services for socially marginalized persons; laws that criminalized drug use and addiction, sex work and homosexuality, which were major barriers to the meaningful participation of affected persons and thus to effective HIV responses, were, however, often politically difficult to revise or rescind. III. Conclusions 44. The information provided by Member States, non-governmental organizations and United Nations bodies indicate that while there have been some positive developments in protecting, respecting and fulfilling human rights in the context of HIV and AIDS, many politically difficult challenges still have to be addressed. Even though many gains have been made in access to HIV prevention, treatment, care and support services, including treatment, many of the millions still lacking access or dissuaded from taking up these services are still denied access because of discrimination, stigma and criminalization. 45. Commitments to prevent HIV-related discrimination are embodied in national AIDS strategies and many national laws, but discrimination in many spheres remains widespread. There are insufficient data from this exercise to know whether Governments are investing significantly in the enforcement of laws prohibiting discrimination based on HIV status. HIV-related stigma is amplified for many by the stigma of being associated with a criminalized behaviour while also being considered a “vector” of HIV transmission. These intersecting stigmas are deep-seated and have resisted programmatic efforts in many places. Stigma-reduction programmes are often not adequately funded or evaluated. 46. Sex workers, people who use illicit drugs, transgender persons, men who have sex with men, prisoners and former prisoners and migrants, among others, face structural factors beyond their control that exacerbate their vulnerability to HIV infection, including many associated with criminal law. Their right to meaningful participation in HIV decision-making — which would allow them to bring to the 14 GE.10-17842