A/HRC/41/27
progressive realization had also been violated. Judge Pazmiño concluded his presentation
by referring to the challenge of developing efficient measures while respecting the
sovereignty of the State in formulating public policies.
29.
Ms. Asuagbor introduced the African Commission on Human and Peoples’ Rights,
its mandate and the rights recognized by the African Charter on Human and Peoples’
Rights and the Protocol thereto on the Rights of Women, which were relevant to HIV and
AIDS. She described the Committee for the Protection of the Rights of People Living with
HIV and Those at Risk, Vulnerable to and Affected by HIV, its composition and methods
of work. The Committee, which had been established by the Commission, was composed of
two commissioners and six independent experts. It worked with a broad range of
stakeholders to obtain and analyse information on the situation of people living with HIV. It
could undertake fact-finding missions, and engaged with States regarding the rights of
people living with HIV, and presented its reports to the Commission. The Committee had
integrated a gender perspective and also focused on key populations. Ms. Asuagbor referred
to the Committee’s report on HIV and human rights in the African system, and its
recommendations, promoted at the national level through dialogue, including on repealing
laws (including criminal laws) that violated human rights and raised barriers, and on
removing stigma and discrimination. She also identified challenges, such as the shrinking
space for civil society, the criminalization of key populations, and the lack of funding.
30.
Mr. Golosceapov explained that, although health and HIV status were not expressly
mentioned in legislation on equality in the Republic of Moldova, the Council for the
Prevention and Elimination of Discrimination and Ensuring Equality provided protection
on those grounds, given the open-ended nature of the list of grounds for discrimination. The
Council received complaints and delivered binding decisions. Although the decisions could
be appealed in a court of law, the courts supported 93 per cent of the decisions, a fact that
reflected their quality. Although the Council had received several cases relating to HIV, the
fear of disclosing one’s status probably prevented others from presenting their cases. The
Council identified systemic human rights-related issues and the initiatives to address them,
also proactively, by providing opinions on draft legislation and developing policy. Mr.
Golosceapov noted with concern that surveys in the Republic of Moldova had shown that
the right to health was being violated, and that lesbian, gay, bisexual and transgender
persons and people living with HIV were often socially excluded. He invited external and
local donors to support the Council’s work.
31.
Mr. Gurung drew attention to the violence and human rights violations committed
against people who use drugs. Mr. Gurung shared his own experience and also spoke about
the violence against family members of people who use drugs. He called for the
decriminalization of drug use in order to address the situation of stigma and discrimination
against people who use drugs. Instead of providing health care in hospitals for all, persons
who use drugs were beaten and/or murdered, particularly in the context of the fight against
drugs in the Philippines, Bangladesh and Indonesia. Mr. Gurung also suggested that the
United Nations conventions on drug control had actually normalized human rights
violations, and called for their repeal. In order to face the current challenge, more
investment on human rights programmes and advocacy efforts for policy reform was
needed. Mr. Gurung also called for the simplification of international complaint
mechanisms to improve their accessibility. Lastly, he called for the inclusion of people who
use drugs and their community in decision-making, as they were the experts of their own
experiences.
32.
During the interactive dialogue, representatives of Aidsfonds and of MPact Global
Action for Gay Men’s Health and Human Rights, Eszter Kismodi, editor of the journal
Sexual and Reproductive Health Matters, and Suzanna Aho Assouma, member of the
Committee on the Rights of the Child, took the floor. Aidsfonds and MPact called upon
Member States to report annually to UNAIDS on their progress in the response to HIV,
using the global AIDS monitoring and reporting framework. The speaker also called for the
decriminalization of same-sex relations, sex work and drug use, and the legal recognition of
gender identity, which would remove key barriers to the response to HIV. Ms. Kismodi
drew attention to the gap between States’ perceptions of their laws and policies and the
reality of key populations. Ms. Assouma pointed out that, given that rights holders were
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