A/HRC/37/74
society, communities and the private sector. Fulfilling the right to health was
considered one of the highest challenges faced by the international community. It was
recognized that upholding human rights, including the right to health, was essential to
broader efforts to promote peace and development. However, from the discussions, it
had become clear that stigma, discrimination, misuse of criminal laws and other
human rights violations continued to act as barriers to effective responses to HIV and
other communicable diseases and epidemics and that often, human rights were not
adequately integrated into health responses. In many countries and regions
throughout the world, the populations most affected by HIV were made more
vulnerable by laws that criminalized same-sex sexual relations, sex work, drug use,
HIV non-disclosure, exposure or transmission. Addressing such laws had been
highlighted as imperative in order to respond to HIV and advance health for all.
64.
The 2030 Agenda and the Sustainable Development Goals offered a framework
for multisectoral action to realize human rights in the context of HIV and other
communicable diseases and epidemics. The Sustainable Development Goals, with their
promise of leaving no one behind, called for the meaningful participation of civil
society and communities in health responses, including at decision-making tables. The
2030 Agenda for Sustainable Development also called for universal health-care
coverage, access to quality essential health-care services and access to safe, effective,
quality and affordable medicines and vaccines.
65.
Stigma, discrimination, marginalization and criminalization worsened
epidemics, undermined prevention efforts and hindered access to lifesaving public
services and goods by key populations and groups in vulnerable situations. Several
groups faced specific challenges, including migrants, refugees, persons with
disabilities, indigenous peoples, poor populations, children, adolescents, women,
transgender people, men who had sex with men, people who used drugs, people
deprived of their liberty and sex workers. Many speakers emphasized the importance
of collecting data about the impact of epidemics among those populations, of
disaggregating data and of ensuring the participation of affected communities and
civil society in data collection and analysis efforts, and in the political debates and
decisions informed by that analysis.
66.
Participants noted that the economic, social, legal and “commercial”
determinants of health included poverty, substandard housing, inadequate water and
sanitation, a lack of social security, gender inequality, a lack of access to health-care
services and safe, effective, quality and affordable medicines, the marginalization of
certain groups and the criminalization of certain behaviours, such as sex between
consenting adults of the same sex, drug use or sex work.
67.
It was recognized that civil society and affected community organizations were
crucial actors in the protection of human rights in the context of communicable
diseases. However, in many countries they were under pressure and their space was
shrinking due to restrictive laws and policies and a lack of funding. Their in-depth
knowledge of the challenges faced in particular regions and by particular groups
risked being ignored in the design of global and local strategies against epidemics and
other diseases.
68.
Health-care workers were on the front line of the fight against epidemics and
other diseases, often working under poor working conditions, lacking appropriate
resources and protection against infection. Appropriate training and information,
including human rights education and training, could empower health workers and
students preparing for health-related careers to promote and protect the human
rights of patients and communities and to provide discrimination-free care.
69.
Diverse partners across sectors need to be mobilized in order to address the
many human rights challenges in the context of communicable diseases. There were
many encouraging examples of good practices, programmes and initiatives
implemented by national, international and regional human rights mechanisms and
institutions, governmental bodies, civil society and affected community organizations,
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