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the updated 2006 International Guidelines on HIV/AIDS and Human Rights, particularly
guideline 4, and as follow-up, the UNAIDS secretariat and UNDP published a policy brief on the
criminalization of HIV transmission, urging Governments to limit criminalization to cases of
intentional transmission, i.e. where a person knows his or her HIV-positive status, acts with the
intention to transmit HIV, and does in fact transmit it.6
30. In January 2008, UNAIDS also created the International Task Team on HIV-related travel
restrictions which operated as an advisory/technical group, with broad representation. Its purpose
was to draw attention to such restrictions on national, regional and international agendas, calling
for and supporting efforts toward their elimination. The report of the findings and
recommendations of the Task Team was presented to the Board of the Global Fund to Fights
AIDS, Tuberculosis and Malaria in November 2008,7 and the UNAIDS Programme
Coordinating Board in December 2008.8
B. International Labour Organization
31. The work of the International Labour Organization (ILO) in the context of HIV focuses on
rights linked to the workplace and to employment. ILO promotes and protects rights through the
10 key principles of the ILO code of practice on HIV/AIDS and the world of work, which
provides a framework for standard-setting, advisory and technical cooperation activities with
Governments, employers and workers in member States. The experience of the ILO in the
seven years since the code of practice was approved is that measures taken at the workplace
usually respect the code, but some of its principles are at times omitted from policies. A major
issue has been HIV testing and confidentiality. In the interest of strengthening the workplace
response to HIV/AIDS, the ILO Governing Body took a decision to work towards the adoption
of a new international labour standard on HIV/AIDS which will be considered in 2009 and 2010
at the International Labour Conference. A study undertaken by the ILO in 2007 on law and
practice relating to HIV/AIDS and the world of work, found that out of the 181 member States of
the ILO, 169 had taken action to respond to HIV/AIDS by adopting a general national
policy/strategy.
6
Further information can be found in the policy brief at: http://data.unaids.org/pub/
BaseDocument/2008/20080731_jc1513_policy_criminalization_en.pdf.
7
See Board Decision Point GF/B18/DP22 available online at: http://80.80.227.107/documents/
board/18/GF-BM18-DecisionPoints_en.pdf.
8
See UNAIDS Programme Coordinating Board Decision of 16 December 2008 at:
http://www.unaids.org/en/AboutUNAIDS/Governance/PCBArchive/23rd_PCB_Meeting_
December_2008.asp. To access the report of the International Task Team on HIV-related
Travel Restrictions: findings and recommendations, see: http://data.unaids.org/pub/Report/
2008/20081017_itt_report_travel_restrictions_en.pdf.
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