A/HRC/4/110
page 16
(a)
It is important to understand the intersection of HIV/AIDS and gender-based
violence. Gender-based violence is rooted in gender inequality and has a lethal dynamic by itself
and in combination with HIV/AIDS;
(b)
Differences in race, ethnicity, language, sexuality, age, and many other social
factors have a significant and differential impact on the effect of both gender-based violence and
HIV/AIDS on the lives of women and girls in various communities;
(c)
There is a need to recognize a number of the key obstacles and challenges to
comprehensively addressing the intersection of gender-based violence and HIV/AIDS, and the
barrier this presents to effective prevention, services and advocacy;
(d)
There is a need to emphasize the importance of a comprehensive gender and
human rights-sensitive response to both HIV/AIDS and gender-based violence. The contribution
provides some of the key elements of such an approach. The potentially heightened risk of
violence against women and girls engendered by strategies such as “provider initiated” testing
practices that are not fully gender-sensitive and human rights-based underscores the urgency of
globalizing such a comprehensive approach;
(e)
A number of promising practices exist in several countries in addressing HIV and
gender-based violence.
43.
Among the proposals made by the Center were that the Human Rights Council, in its
universal periodic reviews of the human rights records of Member States, should:
(a)
Ascertain whether Governments have eliminated discriminatory laws and policies
that restrict women’s rights and the rights of people affected by HIV/AIDS and passed and
implemented laws promoting the human rights of all;
(b)
Track whether Governments have passed and implemented laws and policies that
promote and protect the human rights of women, HIV-positive people in general and women
specifically, those affected by HIV/AIDS, and activists;
(c)
Pay particular attention to Governments’ efforts to address and reduce stigma and
discrimination against survivors of gender-based violence and people living with HIV.
44.
The contribution of Plan International centred on the rights of children in the face of the
epidemic, and focused on the child’s right to express views and be heard, as provided for in
article 12 of the Convention on the Rights of the Child. The organization stressed that, while
preventing HIV infection is in everybody’s interest, children will ultimately be those most
affected by the epidemic in their communities. Furthermore, their attitudes and behaviour in
relation to sex, gender, and drugs will shape the future of these local epidemics. Children are
therefore the key actors and primary interest group for HIV prevention, just as people living with
HIV are the key actors and primary interest group for HIV treatment and care. Attention is
drawn to paragraph 117 of the International Guidelines on HIV/AIDS and Human Rights, which
state that “the rights of children to be actors in their own development and to express opinions
and have them taken into account in making decisions about their lives should empower children
to be involved in the design and implementation of HIV-related programmes for children”. The
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