A/HRC/41/27
Nations (ASEAN), recalled the importance of regional dialogue and cooperation,
underpinned by strong and sustained will, which were crucial in strengthening the response
to HIV. ASEAN was committed to becoming a region free of new HIV infections, AIDSrelated deaths and discrimination, and had pursued an inclusive strategy and multistakeholder partnerships, including with civil society and the private sector. The
representative of the Bahamas stressed that ending the HIV epidemic by 2030 would
require ending all forms of stigma and discrimination, providing prevention services and
ensuring the fulfilment of the right to health for persons living with HIV. She also
described the Pan-Caribbean Partnership against HIV/AIDS, which had been indispensable
in strengthening the response to HIV in the region. The representative of Angola
emphasized the need to address the burden of HIV, which was particularly disproportionate
in the Southern African region, and expressed the State’s commitment to reversing the HIV
epidemic. Angola had also revised its legal instruments and adopted policies and strategies
to effectively promote human rights for all, and to combat stigma and discrimination. The
representative of the Gambia encouraged States to amend their constitutions to promote and
protect the human rights of all rather than of specific populations alone.
25.
The representative of WHO emphasized the need to make health facilities and HIV
services accessible to everyone, and pointed out the multiple and intersecting forms of
discrimination witnessed in health settings that have a disproportionate impact on key
populations. The representative of the International Network of People Who Use Drugs
called for standards to be set for governments to ensure minimum guarantees of rights for
key populations. Aidsfonds praised the Robert Car Fund as the first international pooled
funding mechanism aimed at strengthening global and regional HIV civil society and
community networks.
26.
In response, panellists emphasized the need for political will to adopt a human
rights-based approach in the response to HIV. Mr. Ogunrombi pointed out that general
constitutional protections alone were not enough to address human rights violations,
particularly with regard to key populations, and called for the revision of criminal and
punitive laws that affected them. Mr. Jürgens shared the view of the Global Fund in
creating incentives, requiring countries to dedicate a percentage of domestic funds to
neglected key populations. Ms. Sekgoma noted the widespread effect of discrimination, and
called for its end in the response to HIV. Ms. Romero drew attention to the regression
witnessed in the promotion of human rights and to the emergence of anti-rights groups, and
called for the inclusion, promotion and protection of the human rights of transgender
persons.
C.
Regional accountability mechanisms to uphold human rights to and
through health
27.
The panel was composed of Judge Patricio Pazmiño, of the Inter-American Court of
Human Rights; Lucy Asuagbor, member of the African Commission on Human and
Peoples’ Rights; Evghenii Golosceapov, member of the Council for the Prevention and
Elimination of Discrimination and Ensuring Equality (Republic of Moldova); and Bikash
Gurung, of the Asian Network of People Who Use Drugs. The panellists reaffirmed the
centrality of human rights in the response to HIV, and made presentations on the role
played by regional human rights systems, national human rights institutions and civil
society in ensuring accountability for human rights, particularly in the case of violations.
28.
Judge Pazmiño provided a brief introduction of the inter-American system, and the
recognition of economic, social and cultural rights in the American Convention on Human
Rights and the Protocol of San Salvador. He focused on the right to health and its
justiciability, and explained the jurisprudence of the Inter-American Court. In cases such as
Gonzalez Lluy v. Ecuador, the right to health had been recognized indirectly, in connection
with civil and political rights. Judge Pazmiño also described the evolution of the Court’s
interpretation leading to its current perspective on direct protection of the right to health. He
presented the decision on Cuscul Pivaral et al. v. Guatemala, where the Court ruled against
Guatemala, which had not provided proper treatment to the victims, who had had their
rights to health, physical integrity and life violated. The Court found the principle of
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