A/HRC/19/37
(i)
Ensure that national prevention strategies target populations at higher risk –
the declaration mentions specifically men who have sex with men, people who inject drugs
and sex workers as populations at higher risk;
(j)
Remove before 2015 obstacles that limit the capacity of low- and middleincome countries to provide affordable and effective HIV prevention and treatment and
optimize the full use of existing flexibilities under the Agreement on Trade-Related Aspects
of Intellectual Property Rights;
(k)
Review laws and policies that adversely affect the successful, effective and
equitable delivery of HIV prevention, treatment, care and support programmes; and
(l)
Increase HIV-related spending to reach a significant level of annual global
expenditure on HIV and AIDS, while recognizing that the overall target estimated by the
Joint United Nations Programme on HIV/AIDS (UNAIDS) is between US$22 billion and
US$24 billion in low- and middle-income countries by 2015.
11.
The 2011 Political Declaration reaffirms the obligations of States to promote
universal respect and the observance and protection of all human rights and fundamental
freedoms in accordance with the Charter of the United Nations, the Universal Declaration
of Human Rights and other instruments relating to human rights and international law. It
also reaffirms that the full realization of human rights is an essential element of the global
response to HIV. The Political Declaration takes notes of the strategy of the UNAIDS for
2011–2015, which has included human rights and gender equality within UNAIDS three
strategic directions, on a par with prevention and treatment.
12.
The inclusion of a specific chapter on human rights in the Political Declaration is
particularly noteworthy as it is an affirmation of the recognition by the General Assembly
of the centrality of human rights in the AIDS response. While the prevention and treatment
targets also reflect human rights imperatives, the human rights chapter focuses on: (a)
creating an enabling legal, social and policy framework to eliminate stigma, discrimination
and violence and promoting universal access; (b) reviewing laws and policies that adversely
affect the HIV response; (c) reviewing with a view to eliminating restrictions on entry, stay
and residence; (d) promoting and protecting human rights in national HIV and AIDS
strategies; (e) meeting the specific needs of women and girls by promoting and protecting
their rights, reducing their vulnerability to HIV, eliminating discrimination and all forms of
sexual exploitation and violence; (f) strengthening national social and child protection
systems and care in particular for the girl child; (g) promoting laws and policies to ensure
the full realization of human rights for young people; (h) addressing the vulnerabilities of
migrant and mobile populations; and (i) mitigating the impact of the epidemic on workers,
their families, their dependants, workplaces and economies, taking into account the
International Labour Organization Recommendation on HIV and AIDS and the World of
Work, 2010 (No. 200) (the first international labour standard on HIV and the world of
work).
13.
For the first time, a specific reference to an international human rights treaty has
been included. The adoption of the Convention on the Rights of Persons with Disabilities
was welcomed and the need to take into account the rights of persons with disabilities in the
context of health, education, accessibility and information recognized. In a similar manner,
the Political Declaration recognizes that access to safe, effective, affordable, good-quality
medicines and commodities in the context of HIV is fundamental to achieving the full
realization of the right of everyone to enjoy the highest attainable standard of physical and
mental health.
14.
In negotiating the Political Declaration, Member States were challenged to set and
agree to a new set of goals and targets. The inclusion of time-bound targets and benchmarks
in the human rights chapter of the Political Declaration similar to those in other sections of
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