A/HRC/41/27
also shared the experience of Switzerland in awareness-raising campaigns, including on
safe sex, addressing sexual diversity openly. The representative of the Dominican Republic
presented the efforts made by the State in its response to HIV, such as the HIV/AIDS Act
and the establishment in 2011 of the National Council for HIV/AIDS. The representative of
the Republic of Moldova explained that people living with HIV received free health care
and antiretroviral treatment, without discrimination.
41.
The representative of UN-Women stated that women and girls faced multiple forms
of stigma, discrimination, rejection, prejudice and violence from families and the
community based on, inter alia, age, race, ethnicity and socioeconomic status owing to
structural gender inequality, and that attention should be focused more on the intersecting
forms of discrimination that young women and girls faced. The representative of UNDP
explained the work done since 2012 on HIV and human rights, the Programme having
established partnerships in 89 States to work on legal frameworks to end discrimination.
The representative called for the repeal of new punitive and non-enabling laws, such as the
global gag rule and anti-propaganda laws.
42.
The representative of the International Commission of Jurists stated that certain
punitive laws, particularly those on sexual and reproductive health, drug use, HIV
transmission and sexual orientation, violated the obligations of States under international
human rights law. There was a need for principles and guidance on when and how criminal
law was being used. The Commission therefore called for organizations to join it in the
creation of these principles. The representative of Choice for Youth and Sexuality called for
more sexual and reproductive health services for young persons, who were
disproportionately affected by HIV, and the repeal of laws and practices that impeded the
response to HIV. The representative called for the involvement of young people when
making decisions on matters that affected their lives. The representative of the International
Network of People Who Use Drugs expressed concern at the use of biometrics in data
collection, which was potentially dangerous to key populations, particularly criminalized
ones. Furthermore, the criminalization of key populations would leave them behind in the
response to HIV. The representative of RedLacTrans condemned the recurring situation
whereby transgender women were treated and provided services as men in countries where
transgender identity was not recognized. She called upon States to promote the rights of
transgender persons, including economic and social rights, and highlighted the
effectiveness of peer-to-peer service delivery in the response to HIV. She commented on
the lack of support and attention by the United Nations for trans children, and commended
Argentina for its leadership with regard to its respect for and protection of the rights of
transgender persons.
43.
In response, panellists affirmed that stigma and discrimination hindered the response
to HIV, which should be based on human rights. They reiterated the need for community
participation in the response to HIV, the involvement of all key stakeholders in decisionmaking, and the repeal of laws that impeded the promotion of human rights. They also
emphasized the need for advocacy and the protection and promotion of civil society space,
and health services for key populations, and called for the elimination of stigma and
discrimination in health settings. The Independent Expert stressed that the work of the
mandate was firmly grounded in international human rights law, and that human rights
were universal and indivisible. Violence and discrimination based on sexual orientation and
gender identity hindered an effective response to HIV. The Independent Expert expressed
concern at the current pushback on human rights and its effect on trans persons, leading to
greater violence. He welcomed the recent decision of the Supreme Court of India ordering
the repeal of section 377.
IV. Conclusions
44.
At the concluding meeting, presentations were made by the representative for
Zimbabwe Young Positives, Annah Sango-Page and the Special Rapporteur on the
right of everyone to the enjoyment of the highest attainable standard of physical and
mental health. According to the speakers, human rights and HIV were interlinked and
indeed had a symbiotic relationship. They also stressed the importance of adopting a
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