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 GE.10-17842

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