A/HRC/37/74
Mr. de Negri called for an institutional architecture that enabled the participation of patients
and affected populations in social policies and in the implementation of the Sustainable
Development Goals. He argued that the Goals were the object of a “battle of ideas”, with
concepts such as universal health coverage still open for interpretation, which could leave
many behind. Ms. Bras Gomes emphasized the role of disaggregated data in identifying
discriminatory practices and ensuring that no one was left behind economically and in
terms of policies and rights. Human rights treaties required that national action plans
encompass accessibility, availability and affordability, particular in implementing Goal 3.
Mr. Amon stressed the need to ensure a people-centred approach to health and direct
engagement with local communities, to ensure that rights were respected in the fight to end
all epidemics. He called for strengthened cooperation between civil society and
Governments.
C.
Leaving no one behind: discrimination and the realization of the right
to health
19.
The Interim Executive Director of the Global Fund to Fight AIDS, Tuberculosis and
Malaria, Marijke Wijnrocks, said that the Fund had made it a strategic objective to increase
investments in programmes to remove human rights-related barriers to health services. The
programmes attacked stigma and discrimination, taught people about their health-related
rights, provided legal support, reduced harmful gender norms and gender-based violence,
improved the attitudes and practices of health-care workers and the police, and made laws
and regulations protective of health. The Fund had made it a requirement that all countries
include those programmes in their grant proposals. Civil society, Governments, the United
Nations system, other technical partners and donors should help promote more effective
programmes for removing human rights-based barriers to health. She hoped they would all
join in the move from human rights principles to human rights programmes supporting
people to be effective players in determining their own health and well-being.
20.
The Chair of the Committee on the Protection of the Rights of Persons Living with
HIV and Those at Risk, Vulnerable to and Affected by HIV of the African Commission on
Human and Peoples’ Rights, Soyata Maiga, described the Commission’s efforts to integrate
HIV and health in its work and mandates. Addressing those issues was critical, as Africa
was particularly affected by HIV and many countries had laws and policies that represented
barriers to effective HIV responses. The Committee she chaired had been established in
2010 with a broad mandate that included conducting fact-finding activities on the situation
of persons living with HIV and those at risk, and engaging States, civil society and others
on the measures needed to advance human rights in response to HIV. The Commission took
steps to protect the human rights of persons living with HIV and those at risk by receiving
communications concerning human rights violations; issuing urgent appeals, general
recommendations and thematic studies; and adopting resolutions on health, HIV and human
rights. She recommended that all stakeholders integrate a human rights-based approach to
drawing up and implementing plans, policies and programmes to combat HIV.
21.
A member of the Regional Steering Committee of the Asia Pacific Transgender
Network, Phylesha Brown-Acton, presented data illustrating the challenges and barriers
faced by transgender people in accessing transgender-competent general or mental health
care. Transgender women were 49 times more likely to be affected by HIV than the general
population. There was a need for transgender-positive interpretations of human rights law
and jurisprudence, a strong commitment to enforcement of international obligations, and
space for transgender voices. The lack of acknowledgement of indigenous specific
terminologies for transgender identities in declarations, systems, mechanisms and processes
resulted in them being referred to in demeaning and dehumanizing ways. Ignoring
indigenous terminology impeded effective country responses and the achievement of fasttrack targets. Moreover, the lack of data on indigenous and transgender peoples resulted in
them being left behind.
22.
A representative of the Zero TB Initiative, Ulaanbaatar, Batbayar Ochirbat, said that
tuberculosis patients in Mongolia experienced discrimination in terms of access to
medicines, diagnosis and treatment. The poor availability, poor quality and high prices of
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