A/HRC/16/69
organization based in the United Kingdom of Great Britain and Northern Ireland, asserted
that transgender persons often faced heinous discrimination, abuse and violence, sometimes
exacerbated by HIV-related discrimination. According to the Alliance, more than 200
transgender persons had been murdered for reasons linked to their gender identity
worldwide in 2008 and 2009. The Economic and Social Commission for Asia and the
Pacific (ESCAP) reported that, in resolution 66/10 of May 2010, ESCAP member countries
had recognized that an effective regional response must tackle HIV-related discrimination
and discrimination linked to sex work, drug use and sexual orientation.
13.
Several Member States and non-governmental organization respondents underscored
HIV-based restrictions on entry or residence in a country as a form of discrimination. The
Government of the Republic of Moldova reported that it was reviewing its current travel
and immigration restrictions, which included expulsion of HIV-positive foreigners in some
cases, with a view to replacing them with a more tolerant regime. At the Geneva
consultation, UNAIDS recognized that some HIV-related travel restrictions had been lifted
in 2010, such as in China and the United States of America, and other countries, such as the
Republic of Korea and Ukraine, are currently working towards lifting HIV-related travel
restrictions.
14.
Few of the survey responses noted progress in ensuring access to justice for people
suffering from HIV-related discrimination. Some countries reported that they offered free
or low-cost legal assistance services, but that the institutions providing them did not orient
their work to HIV. One exception was Brazil, which noted that the Government supported
at least 40 organizations that provided legal assistance to people living with and vulnerable
to HIV. Aidsnet, a non-governmental organization from Denmark, and the Danish Institute
for Human Rights recommended that national human rights commissions should play an
active role in ensuring that HIV-related anti-discrimination statutes were well conceived
and actively enforced.
D.
Participation of vulnerable groups
15.
Information provided for the present study suggests that meaningful participation of
vulnerable populations at risk of HIV infection — notably sex workers, men who have sex
with men, and people who use illicit drugs — is impeded in many places by deeply
entrenched stigma, social exclusion and criminalization. This is the case even though these
groups are best placed to design programmes that will work for them. Respondents and
presenters emphasized that criminal sanctions against sex work, drug use and
homosexuality impeded meaningful participation in and uptake of HIV service. Not only
did criminalized persons have a justifiable fear of processes that may identify them with an
illegal behaviour, but they were also often unable to be part of officially registered nongovernmental organizations of the kind invited to Government consultations. Even if they
had organizations, those organizations were unlikely to have the resources and experience
needed to participate effectively in HIV planning and decision-making. As noted by the
Government of Mauritius, the fact of having been in prison or pretrial detention, a frequent
occurrence for vulnerable persons in many places, also singled them out for further stigma
and exclusion.
16.
The 2010 data on the National Composite Policy Index, part of the 2010 report on
the Declaration of Commitment on HIV/AIDS, showed that barriers to meaningful
participation of vulnerable groups were not coming down.
17.
A few countries reported some success in inclusion of key affected populations in
HIV-related decision-making. Vulnerable groups were permanently represented on the
National AIDS Councils in Mexico and the Republic of Moldova, for example, and were
reportedly active in the development of the national AIDS strategy in Guyana. The
GE.10-17842
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