A/HRC/19/37 infections, zero discrimination and zero AIDS-related deaths” (A/65/797). In its resolution 12/27, the Human Rights Council also requested the Secretary-General to prepare an analytical study on steps taken to promote and implement programmes to address HIV/AIDS-related human rights in the context of efforts towards the goal of universal access to HIV prevention, treatment, case and support, which was entitled “The protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS)” (A/HRC/16/69). Both reports point to successes in strengthening human rights in the context of national HIV responses, but also highlight a number of ongoing challenges and contain a number of recommendations and observations including the following: (a) Inadequate protection against discrimination: Although the number of countries reporting anti-discrimination laws in place has increased, nearly 3 in 10 countries still lack such laws or regulations. When anti-discrimination provisions are in place, they are often not effectively enforced. Fewer than 60 per cent of countries report having a mechanism to record, document and address cases of HIV-related discrimination. In 2010, the vast majority of countries reported that they addressed stigma and discrimination in their national HIV strategies; however, most countries did not have a budget for activities aimed at responding to HIV-related stigma and discrimination;2 (b) Strategic reorientation of global and national HIV responses: Human rights-related programmes often do not exist in national HIV responses. Where such programmes exist, they are generally not brought to scale or are scattered and fragmented. A strategic shift is required to: (i) invest in better assessments of those most vulnerable to HIV and ensure adequate coverage of their needs; (ii) ensure meaningful engagement of ministries dealing with justice, law enforcement, prisons, human rights, gender, migration and labour, among others; and (iii) focus on the legal and social environments that are necessary for universal access to prevention, treatment, care and support; (c) Decriminalization and legal protections: The reform of punitive laws that impede HIV responses and the strengthening of human rights protections for people living with and vulnerable populations are essential to sustaining the AIDS response. Political leaders should be supported in confronting issues involving decriminalization. Greater efforts must be made by States to reconsider the application of criminal law against HIV transmission and exposure, sex work, drug use and homosexuality and their impact on access to HIV services. They should also reform laws that restrict sexuality education, impose travel restrictions on people living with HIV or require mandatory HIV testing. Specific attention must be paid in law reform efforts to address gender-based violence, the HIV-related rights of women, children and other key populations; (d) Increasing participation of those vulnerable to and living with HIV: The Greater Involvement of People Living with HIV is a long-standing principle of the HIV response and one of its human rights successes. However, as evidence shows heightened vulnerability to HIV among members of key populations it appears critical to renew, expand and improve the participation of all those vulnerable to and living with HIV in all aspects of the response. (e) Eliminating gender-based discrimination and violence: Many gender analyses show how subordination of women and girls and violence against them drive HIV transmission and raise gender-based barriers to care, treatment and support. The 2 UNAIDS/UNDP/Global Fund to Fight AIDS, Tuberculosis and Malaria, Analysis of Key Human Rights Programmes in Global Fund-supported HIV Programmes (New York, 2011) 5

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