A/HRC/32/25
the necessary treatment to them, which was unjust and needed to be rectified with
programmes to address their specific vulnerabilities.
15.
She stressed that efforts to scale up HIV testing and treatment services would remain
devoid of meaning and elusive without a full recognition of human rights in AIDS
programmes and policies. The lesbian, gay, bisexual and transgender community was still
living in fear, and the criminalization of drug users needed to be eliminated. She
emphasized that access to affordable medicines was a human right, and that people had to
be put ahead of profits. In that regard, she pointed out how trade agreements such as the
Trans-Pacific Partnership could endanger access to life-saving commodities.
16.
Ms. Lithur presented her experience of fighting HIV/AIDS in Ghana, which had
included working as a human rights lawyer, and supporting people affected by HIV/AIDS
at her human rights clinic. She recalled that the clients for whom she had been an advocate
were not able to access legal remedies or redress for human rights violations. They faced
increased vulnerabilities and were often the victims of various forms of human rights
violations. She noted that gender-based violence was prevalent, in a context where
discrimination and poverty were widespread. For example, police officers tasked with
enforcing the law and protecting citizens were often involved in sexual assaults on young
sex workers, while service providers in health care, social services and law enforcement
were unable to assist.
17.
Speaking about what the most effective strategies were, Ms. Lithur referred to
advocacy, research, direct interventions at all levels, and the use of international, regional
and national laws and conventions. She had used these strategies to strengthen the legal and
policy framework, and had conducted a comprehensive legislative audit in Ghana to
identify gaps and initiate action to repeal, amend and review laws, in order to create a more
favourable legal environment. The audit report had been instrumental in creating the
national HIV policy in Ghana in 2011, and an HIV law under consideration by the Cabinet.
She had also been supported by the United Nations Population Fund to research human
rights violations carried out against female sex workers by police officers. This had led to
the development of curricula and then to the training of police officers and key populations,
on HIV/AIDS. She had also conducted the first-ever training programme, for service
providers, on key populations and human rights, including for the Department of Social
Welfare, the Police Domestic Violence and Victim Support Unit, and the Commission on
Human Rights and Administrative Justice. A human rights clinic had been set up in 2008,
and by the end of 2015 it had provided support to 1,568 persons. Finally, she noted the
establishment of a pro bono lawyers’ network comprising 100 lawyers registered to deal
with HIV-related cases.
18.
Dr. Bermudez said that barriers to access to medicines included intellectual property
rules, monopolies, oligopolies and unaffordability. The world had been struggling fiercely
for 20 years to strike a balance between trade and health, or between innovation and health,
and it had failed. Brazil was one of the first countries in the world to establish a national
HIV/AIDS response programme, in 1985. The Brazilian response was based on a human
rights approach, with efforts to ensure universal access to prevention and treatment,
including through special measures to promote non-discrimination and civil society
participation. A comprehensive approach, whereby both prevention and care would be
addressed through local public production and through public-public and public-private
partnerships, was currently at risk due to the looming treatment crisis.
19.
The appointment of 16 members to the High-level Panel on Access to Medicines, in
December 2015, with two former presidents as Co-Chairs, was an indication of the
importance that the Secretary-General of the United Nations placed on the issue of access
to medicines, and a recognition that in spite of all the progress made in health care, millions
of people had been left behind. The scope of the panel’s mandate was to make proposals on
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