A/HRC/41/27
leave no one behind, States should adopt legislation, policies and practices that
decriminalize sex work, drug use, same-sex relations, and gender identity and
expression, and provide access to gender recognition.
(c)
In order to improve the effectiveness of the response to HIV, States
should strengthen cooperation at the regional, subregional and global levels to support
and invest in programmes and services that promote the right to health and the rights
of people living with HIV.
(d)
Strengthened accountability is vital to ensure that the rights of people
living with HIV, including the right to health, are promoted and respected. States
should collaborate with regional human rights mechanisms and engage with them in
good faith, and follow up on decisions and sentences made by such bodies with a view
to effectively implementing them.
(e)
National human rights institutions and civil society have an important
role to play in strengthening human rights accountability. The shrinking space for
civil society is a key driver in leaving behind people living with HIV, particularly key
populations. States should respect, protect and promote civil society space, provide an
enabling regulatory and funding environment that allows civil society to work at the
national, regional and subregional levels, and repeal laws that create barriers to the
activities of civil society bodies. Civil society should be empowered to collect data,
address human rights violations, participate in policymaking and decision-making,
implementation and monitoring, including on issues relating to HIV and the rights of
people living with HIV. In order to improve its effectiveness, civil society could
cooperate at the regional level on joint advocacy efforts, including with regional
mechanisms.
(f)
In the current context of shrinking donor funding for HIV and health
programmes, including in newly transitioned middle-income States, programmes
aimed at removing barriers to human rights can be affected, particularly with regard
to the rights of key populations. The retraction of global health funding in States
transitioning to middle-income, without corresponding investment by domestic funds,
can lead to the loss of funding for services and rights programmes and advocacy for
key populations, making them even more vulnerable. The Human Rights Council
could develop guiding principles for health donors, which would be based on human
rights and should be formulated in coordination with UNAIDS and in consultation
with States, key populations, communities and donors.
(g)
States should review and adopt legislation, programmes and policies to
combat stigma and discrimination, violence and abuse against people living with or at
risk of HIV, with particular attention to key populations. States should work with
United Nations agencies, civil society, communities and key populations to invest in
programmes, education and other actions to eliminate HIV-related stigma and
discrimination in all areas of life, including through the Global Partnership for Action
to Eliminate All Forms of HIV-related Stigma and Discrimination. Regional and
subregional networks have an important role to play in raising awareness and
eliminating stigma and discrimination.
(h)
States should ensure that universal health coverage promotes both the
health and rights of all persons, including the most marginalized, such as people living
with HIV and key populations, and addresses human rights barriers to health. States
should ensure that human rights, including the right to health of persons living with
HIV, are integrated into discussions on universal health coverage, including in the
lead-up to the high-level meeting of the General Assembly on universal health
coverage and in its outcome document.
14
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