A/HRC/41/27
United States of America; Michaela Clayton, Executive Director of the AIDS and Rights
Alliance for Southern Africa; and Dr. Olusegun Odumosu, the Executive Director of
African Men for Sexual Health and Rights. All speakers emphasized the need to respect and
promote human rights for all, including key populations, in the response to HIV. Despite
the advances made, including in treatment and care, the HIV epidemic continued, and the
target of ending HIV by 2030 would not be achieved unless the response to HIV adopted a
human rights-based approach, including in addressing structural barriers (such as stigma,
discriminatory or punitive laws and policies), which underlay human rights violations,
stigma and discrimination, preventing access to prevention, testing, treatment and care
services, information and goods.
12.
The Special Rapporteur addressed the progress made and challenges to human rights
in the response to HIV. He called upon the global community, with the leadership of the
United Nations, to be more active in sharing good practices to ensure their effective and
sustainable replication. He highlighted the importance of a human rights-based approach in
addressing non-discrimination, participation, empowerment, monitoring and accountability,
and the synergy between a human rights-based approach and a modern public health
approach based on scientific evidence, which were mutually reinforcing. He cautioned
against the trend favouring the adoption of a selective approach to the application of human
rights, including the right to health and the response to HIV. Poverty remained one of the
main factors preventing an end to AIDS; he therefore reminded States to address the
financial exclusion of the poor, without neglecting other forms of discrimination, in order to
reach universal health coverage.
13.
Dr. Baral described stigma as a barrier to access to health services and to the
effectiveness and coverage of prevention and treatment programmes. He identified patterns
of stigma across regions among key populations, such as men who have sex with men, and
sex workers in sub-Saharan Africa and the United States of America, and the link between
stigma and criminal laws. Stigma affected disclosure and access to treatment, increased
vulnerability to violence and the likelihood of risky behaviour. With regard to mental health,
stigma was an antecedent of depression. In Côte d’Ivoire, for instance, transgender women,
who in general were subjected to more stigma than cisgender men who had sex with men,
were also more vulnerable to mental health conditions. There was a strong link between
criminalization, stigma and HIV; in countries where sex work was criminalized, HIV
prevalence among sex workers was higher. Dr. Baral concluded that, while less research
was conducted on stigma and rights violations as social determinants of health in HIV
epidemiologic and prevention studies, they were quantitatively measurable and represented
actionable risk factors for HIV acquisition and transmission.
14.
Ms. Clayton identified human rights challenges in the response to HIV, starting with
stigma and discrimination. She elaborated on other challenges, such as the drop in global
funding of efforts to fight HIV, the “global gag rule”, donors transitioning out of countries
or the push for more domestic funding. All of these challenges could decrease the
availability of HIV services, particularly for the removal of human rights barriers or
programmes for key populations. Ms. Clayton also identified the shrinking of space
available for civil society and the lack of political will to address human rights barriers in
the response to HIV. Cooperation at the regional level allowed for information-sharing and
collaboration between civil society, judges, members of parliament and human rights
mechanisms. She identified some positive examples in addressing stigma and
discrimination in Malawi, based on working with a wide range of partners and stakeholders,
including judges, UNDP, members of Parliament and the Southern African Development
Community Parliamentary Forum. She suggested combining top-down and bottom-up
approaches to bring together different stakeholders, working with both communities and
lawmakers. Lastly, she stressed the importance of not sidelining HIV in definitions of
universal health coverage packages at the national level.
15.
Dr. Odumosu presented the work of the African Men for Sexual Health and Rights
in representing African key populations in global forums, and presented examples of civil
society collaboration at the regional level. He stressed the importance of ensuring that
community voices were heard and had a platform, supporting the concept of the top-down,
bottom-up approach. He welcomed the decriminalization in Angola of same-sex consensual
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