A/HRC/41/27
I. Introduction
1.
In its resolution 38/8, the Human Rights Council requested the United Nations High
Commissioner for Human Rights to organize a consultation, in coordination with the Joint
United Nations Programme on HIV/AIDS (UNAIDS), to discuss all relevant issues and
challenges pertaining to respect for and the protection and fulfilment of human rights in the
context of the response to HIV, with a focus on regional and subregional strategies and best
practices. The consultation was held, pursuant to that request, on 12 and 13 February 2019.
It was attended by a wide range of stakeholders, including representatives of Member
States and of United Nations agencies, funds and programmes, special procedure mandate
holders, experts and members of civil society, including persons living with, presumed to
be living with, at risk of or affected by HIV. During the consultation, participants examined
best practices, evidence, lessons learned and the challenges faced when removing human
rights barriers and the promotion of human rights in the response to HIV in regional and
subregional strategies. They also considered regional human rights mechanisms in
monitoring, accountability and empowerment in the field of human rights and health, and
addressed current challenges to ending AIDS by 2030, including stigma, discrimination,
violence and abuse.
II. High-level opening
2.
The United Nations Deputy High Commissioner for Human Rights, Kate Gilmore,
opened proceedings by welcoming Human Rights Council resolution 38/8 as a milestone
that recognized – conceptually, legally and practically – the added value brought by the
human rights framework to an effective and sustained response to the HIV epidemic. The
Deputy High Commissioner invited participants to identify affordable, practical, doable and
transformative solutions to the HIV epidemic. She commended the core group, comprising
Brazil, Colombia, Mozambique, Portugal and Thailand, for its leadership during
negotiations, which resulted in the adoption by the Council of resolution 38/8 by consensus.
She also expressed her gratitude to civil society and human rights defenders, without whom
little would have happened in the response to HIV. She described HIV as an epidemic of
human rights loss, denial, derailment, abuse and violence. She noted with concern that HIV
and AIDS attracted the deepest and worst kinds of discrimination and life-threatening
exclusion. In particular, she expressed concern that women, young people and key
populations continued to be directly and the most affected by the epidemic. She hoped
participants in the consultation would consider the situation faced by key populations,
children and young people, and develop concrete measures to eliminate stigma,
discrimination, violence and abuse. Recalling the Universal Declaration of Human Rights,
she stressed that there was no justification for the bigotry, homophobia, discrimination and
exclusion affecting people living with HIV. According to the Deputy High Commissioner,
human rights should be upheld in order to promote an inclusive and deliberate programme
of dismantling toxic attitude and behaviour by governments and non-government actors
alike to those living with the cost of the epidemic. Failure to do so would imply risking not
meeting the UNAIDS 90-90-90 treatment target for 2020, or Sustainable Development
Goal target 3.3. She stressed that monitoring, empowerment and accountability played a
critical role in promoting human rights-based solutions.
3.
The Executive Director of the Global Network of People Living with HIV (GNP+),
Rico Gustav, commended civil society for its crucial work in the response to HIV. He
recalled article 12 of the International Covenant on Economic, Social and Cultural Rights,
and reminded States parties about their obligations to protect and promote the right to
health, for all. He also referred to general comment No. 14 (2000) of the Committee on
Economic, Social and Cultural Rights on the right to the highest attainable standard of
health, in which the Committee called upon States to work together, through international
cooperation and assistance, on the realization of the right to health. Mr. Gustav noted the
decline in global health aid, including funding reductions to middle-income countries,
which had an impact on the well-being of people living with HIV, particularly since many
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