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 9

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents