A/HRC/10/47
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47. The Open Society Institute (OSI) highlighted the intersection between HIV/AIDS and
violations of the right to be free from torture and cruel, inhuman or degrading treatment or
punishment. Based on documented cases of violations, OSI provided information on abuses
which include physical and psychological abuses against sex workers, including rape by police
and prison officials, demands for sex as payment for medical treatment, and medico-militia raids
where doctors and the police forcibly test sex workers for sexually transmitted infections;
flogging, chaining, caging, unmedicated opiate withdrawal, verbal and sexual abuse against drug
users; confinement of people living with HIV in prisons, pretrial detention facilities, and
compulsory drug treatment centres without access to antiretroviral treatment, opiate substitution
therapy, condoms and sterile injection equipment, tuberculosis control and treatment, and
treatment for hepatitis C; involuntary and prolonged detention of patients with drug-resistant
tuberculosis in conditions that lack proper infection control measures; denial of pain medication
to people living with HIV; abuse of HIV-positive women in health settings including coerced
abortion and coerced sterilization; and the intentional use of painful withdrawal from opiates to
coerce confessions from drug users. OSI recommended that special attention be given to the role
of torture and cruel, inhuman, or degrading treatment or punishment in future reports to the
Human Rights Council and that the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment consider the linkage between his mandate and HIV in his
future reports.
48. The Quaker United Nations Office (QUNO) provided information on HIV/AIDS and
women and girls in prison and drew attention to the fact that in many countries female prisoners
are infected with sexually transmitted diseases including HIV. Women and girls are also at risk
of contracting HIV whilst in prison due to their vulnerability to sexual violence. Research
undertaken in Australia indicated that 89 per cent of female prisoners had been sexually abused
at some point in their lives and 70-80 per cent of females in prison were survivors of incest.
Research in women’s prisons in Brazil found that HIV affects a higher percentage of
incarcerated women than men. QUNO recommended that the same HIV-related services should
be available to women and girls inside and outside prison with guaranteed protection from
involuntary testing and the conditions secured for confidential, free and informed consent.
49. Oxfam called for better monitoring of confidentiality and a code of ethics on HIV which
includes guidance on disclosure of HIV status and better clarity on the opt in and opt out policies
around HIV testing, as well as a better understanding of the human rights implications of such
policies. The need to protect people living with HIV from criminalization and to ensure that
persons vulnerable to HIV and who may be involved in illegal activities (e.g. sex workers and
injecting drug users) have access to HIV prevention, treatment, care and support was also
emphasized.
IV. CONCLUSIONS
50. The contributions received for the preparation of this report confirm the central role
of human rights in the response to HIV and point to a number of challenges that the
international community faces in addressing the human rights aspects of the epidemic.
51. In his report on the implementation of the Declaration of Commitment and the
Political Declaration, the Secretary-General noted that substantial barriers remain that
reduce access to HIV-prevention services and that 63 per cent of countries report having
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