A/HRC/10/47
page 15
for confidentiality and privacy; provision of HIV voluntary counselling and testing; freedom
from mandatory HIV testing; access to durable solutions; HIV-protection-related needs of
women and children; and access to HIV information and education. UNHCR has been working
with resettlement countries to ensure that people living with HIV have access to resettlement
procedures and are not denied access based on their HIV status. Currently, a number of countries
require an HIV test before resettlement and issues regarding informed consent, confidentiality,
disclosure of HIV status and pre- and post test counselling are of concern. In 2007, UNHCR
produced an antiretroviral medication policy for refugees, which outlines human rights
considerations to ensure equal access to treatment for populations of concern to UNHCR. The
Executive Committee also adopted resolution 107 on children at risk and recommended that all
efforts are made to ensure access to child-friendly health services and to HIV prevention,
treatment, care and support including PMTCT and age-sensitive reproductive health and HIV
information and education for adolescents.
I. United Nations Permanent Forum on Indigenous Issues
39. The United Nations Permanent Forum on Indigenous Issues has, throughout its sessions,
paid attention to HIV and its impact on indigenous peoples throughout the world. It has
recommended on several occasions that data disaggregation and culturally appropriate
HIV/AIDS programmes should be implemented or improved, and has urged Governments, the
United Nations system and intergovernmental organizations to ensure the full and effective
participation, and free, prior and informed consent, of indigenous peoples in all programmes
related to HIV prevention and treatment of indigenous communities.11
III. CONTRIBUTIONS FROM NON-GOVERNMENTAL
ORGANIZATIONS
40. Human Rights Watch provided information based on research conducted in Canada, India,
Kenya, Russia, South Africa, Thailand, the United States of America, Zambia and Zimbabwe
concerning human rights violations that are fuelling the HIV epidemic and presented key
recommendations for addressing them. First, the report stressed that the expansion of HIV testing
and counselling should be accompanied by safeguards against the risk of human rights violations
which can arise from involuntary testing, breaches of confidentiality, and failure to provide
linkages to other health services. Second, the report highlighted the fact that gender-based
inequality puts women at risk of HIV, impedes women’s ability to access HIV information and
testing, and is also a barrier to starting or continuing lifesaving antiretroviral therapy. A number
of countries have failed to recognize and adequately address the ways in which such abuses
hinder women’s HIV treatment. Third, a significant number of children do not have the access to
HIV treatment that they need and are less likely than adults to receive antiretroviral therapy.
Additional assistance, including paediatric counselling, additional resources for sufficient
nutrition and transportation for caregivers is needed to reach children. Fourth, harm reduction
services remain out of reach for the vast majority of drug users worldwide even though outside
of sub-Saharan Africa, nearly one third of all new HIV infections can be traced to the sharing of
contaminated syringes by people who inject drugs. Policing practices, including the fact that
11
See, for example, E/2006/43 and E/2003/43.
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