A/HRC/16/69
(c)
To train police on non-discrimination, allowing outreach and other
service activities, as well as non-harassment;
(d)
To train health workers on non-discrimination, informed consent,
confidentiality and the duty to provide treatment;
(e)
To provide affordable legal services for affected and vulnerable persons
to expose and reduce repressive practices and, over time, lead to court decisions that
suggest directions for legislative change;
(f)
To build legal literacy through “know your rights” programmes in order
to mobilize public opinion and empower marginalized persons to claim their rights;
(g)
To reduce HIV-related stigma;
(h)
To realize the legal empowerment of women and reduce violence against
them.
B.
Decriminalization
51.
The reform of repressive laws that impede HIV responses is a long-term
undertaking and seems to happen infrequently. At issue is the overly-broad
application of criminal laws to people engaging in non-violent crimes, which then
results in significant pretrial detention and incarceration. This criminalization has an
impact on HIV in two ways: first, the chilling effect of these laws, as well as the
stigma, discrimination and illegal police practices attached to them, drive people
living with HIV and key populations at risk away from HIV services; secondly, if held
in pre- or post-trial detention, people are further subjected to environments where the
risk of HIV transmission is significantly higher than in communities. Pretrial
detainees who have not been convicted of a crime make up a large proportion of
persons in State custody in many countries. In these cases, minimizing the use of
pretrial detention, in accordance with human rights norms, should be part of the
enabling environment contributing to effective national HIV responses. Political
leaders should be supported to enable them to confront issues involving
decriminalization with data, conviction and courage. Much greater efforts must
therefore be made by States to reconsider the widespread application of criminal law
against sex work and drug use. Criminalizing homosexuality should be stopped.
52.
In June 2010, UNDP launched the Global Commission on HIV and the Law, a
body of eminent legal and policy experts established to study ways in which law or law
enforcement could undermine, or protect, the rights of persons living with and
vulnerable to HIV. The Global Commission plans to conduct regional dialogues in
addition to considering evidence from Government, civil society and academic
research. The Commission is expected to make bold recommendations for steps that
all countries can take to reduce the impact of repressive laws and improve legal and
policy protections for the human rights of people living with and affected by HIV.
53.
One example of the efforts needed in this area involved the joint work of the
United Nations Development Fund for Women, UNICEF, the United Nations
Population Fund, UNDP, the Open Society Initiative for West Africa and the
Economic Community of West African States to convene consultations in West and
Central Africa, from 2007 to 2009, to encourage Governments to revisit certain
provisions of recently passed HIV laws in the region, particularly those relating to the
criminalization of HIV transmission, restrictions of sexuality education and the failure
to address HIV-related rights or needs of women and key populations. Coordinated
efforts of this type should be encouraged, expanded and supported, leading in ongoing
16
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