A/HRC/19/37
the declaration would have strengthened the monitoring of progress in achieving the human
rights goals in the Political Declaration and strengthened the human rights accountability
framework that States are obligated to fulfil and rights-holders are entitled to claim. The
Political Declaration’s commitment to prepare evidence-based operational monitoring and
evaluation and mutual accountability mechanisms between all stakeholders to support
multisectoral national strategic plans for HIV and AIDS provides a unique opportunity to
further integrate and assess human rights principles in all the programmatic phases of
national responses. The meaningful participation of affected populations and integration of
human rights in the revision of the core indicators framework as stipulated in the Political
Declaration to include structural, process and outcome indicators on human rights 4 will
enable States to better prioritize their actions and recognize when national policy
adjustments and programmatic actions are required.
15.
The importance of culture, ethical, religious values and local circumstances is also
highlighted as an important consideration in responses to HIV. These values are critical to
the AIDS response and should be consistent with international human rights norms and
standards. As stated in the Vienna Declaration and Programme of Action “while the
significance of national and regional particularities and various historical, cultural and
religious backgrounds must be borne in mind, it is the duty of States, regardless of their
political, economic and cultural systems, to promote and protect all human rights and
fundamental freedoms”. Furthermore, in accordance with the Universal Declaration on
Cultural Diversity (art. 4) and Human Rights Council resolution 10/23 (para. 4), no one
may invoke cultural diversity to infringe upon human rights guaranteed by international
law, nor to limit their scope. In addition, in its general comment No. 21 (2009) on the right
of everyone to take part in cultural life, the Committee on Economic, Social and Cultural
Rights has underscored that “the concept of culture must be seen not as a series of isolated
manifestations or hermetic compartments, but as an interactive process whereby individuals
and communities, while preserving their specificities and purposes, give expression to the
culture of humanity. This concept takes account of the individuality and otherness of
culture as the creation and product of society”.
16.
The Political Declaration also reaffirms the sovereign rights of Member States and
the need for all countries to implement the commitments and pledges in the Declaration
consistent with national law, national development priorities and international human
rights. It is trite to observe that sovereignty entails responsibility. The positive human rights
obligations of sovereign States implies the responsibility of States to ensure the realization
of human rights in accordance with the Charter of the United Nations, the Universal
Declaration of Human Rights and ratified international human rights instruments, human
rights norms and standards, and customary international law. These include but are not
limited to the immediate obligation of non-discrimination.
17.
Member States are also challenged to ensure that their national responses to HIV are
inclusive of all people, especially people that are most marginalized and populations most
affected by the epidemic, including those unnamed in the Political Declaration such as
transgender persons, persons in detention, refugees, internally displaced persons and people
living in poverty. This will require developing monitoring mechanisms to assess who has
been left out of the response and taking measures to address systemic/structural
discrimination and ensuring access to HIV-related health services without prejudice.
Member States must also tackle the disproportionate impact of the epidemic on women and
4
See interim report of the Special Rapporteur of the Commission on Human Rights on the right of
everyone to enjoy the highest attainable standard of physical and mental health (A/58/427).
9
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