A/HRC/10/47 page 16 many public hospitals and drug treatment centres collect and share information about an individual’s drug use with law enforcement, compound the inaccessibility of treatment. Research from Human Rights Watch indicates that many drug users who have been subjected to drug detoxification and re-education have been denied HIV services altogether or provided such services in a manner that violates their fundamental right to health and to life. 41. Fifth, according to the submission of Human Rights Watch, incarceration is a critical risk factor for HIV. In many countries, HIV prevalence in prison populations has been reported to be several times the prevalence in the population at large. At the same time, there is also an increased risk of exposure to other infectious diseases such as tuberculosis. Yet, prisoners and other persons in detention have little or no access to HIV prevention, care, and treatment services even when these are available in the general community. Sixth, despite the long-standing recognition of heightened HIV risk faced by migrants and mobile populations, the international community has largely ignored this call for action and has failed to establish policies or mechanisms to provide health-care services to these populations. Seventh, more than 85 countries still uphold anti-sodomy laws that criminalize consensual homosexual contact between men and often between women, impeding access to HIV/AIDS services by placing people at risk of legal penalties. Finally, the fact that many countries do not recognize palliative care and pain treatment as priorities in health care was raised as a concern, as well as the fact that narcotic drug control regulations or enforcement practices in many countries impose unnecessary restrictions that limit access to morphine and other opioid pain relievers. 42. In a submission by the International Association for the Study of Pain, the interface between human rights and medical care, specifically in the context of pain management and palliative care for patients with HIV, was reflected. They drew attention to the fact that according to WHO, every year an estimated 1.4 million patients with end-stage HIV suffer moderate to severe pain, but do not receive appropriate treatment and that most countries do not have palliative care policies. This Association made the argument that palliative care and pain management constitute important components of the right to health for persons living with HIV and called for ensuring the provision of basic medication for symptom control and terminal care, including analgesics; adopting and implementing national pain and palliative care policies; and ensuring the education of health professionals in the care of patients with HIV and AIDS which includes pain management and palliative care. 43. A number of proposals for further action were made and directed to Governments by the International Council of AIDS Service Organizations (ICASO). They include the need to: (a) fully implement the Declaration of Commitment and the Political Declaration, including reaching universal access to HIV prevention, treatment, care and support by 2010, as adopted by the General Assembly; (b) ensure legal protection against discrimination and violence against women and girls, and decriminalizing sex work, men who have sex with men, transgender people and people who use drugs; (c) repeal existing legislation and halt any efforts to pass legislation criminalizing HIV transmission and exposure; (d) abolish laws that discriminate against women and girls, or laws that contribute to human rights violations against women and girls; (e) involve key populations such as people living with HIV, sex workers, people who use drugs, men who have sex with men and transgender people in policy and programme design and implementation; and (f) develop mechanisms for the redress of human rights violations. ICASO

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