UN: Promotion and Protection of Human Rights in the Context of HIV/AIDS

With reference to the United Nations Human Rights Council Resolution 12/27 on "the promotion and protection of human rights in the context of HIV and AIDS", you are invited to share input to the Secretary General's report, on the steps taken to promote and implement programmes to address HIV/AIDS-related human rights by responding to the questionnaire, below.

Send your responses by 15 September 2010, in Word-format to: HR&[email protected]

Background:

Human Rights Council resolution 12/27 "The promotion and protection of human rights in the context of the human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS)", in paragraph 17, requested the Secretary General to prepare "an analytical study based on comments from Governments, United Nations organs, programmes and specialised agencies, particularly the Joint United Nations Programmes on HIV/AIDS and its co-sponsor agencies, in cooperation with relevant bodies of the United Nations system, including the Office of the High Commissioner and international and non-governmental organisation, on the steps taken to promote and implement programmes to address HIV/AIDS-related human rights".

Questionnaire on human rights challenges and responses in the context of HIV and AIDS

1. General (Maximum 200 words). Are human rights, including but not limited to the rights to non-discrimination, privacy, health, education and information, explicitly incorporated in your existing national plan or national strategy on HIV and AIDS? Please cite the relevant text.

2. Challenges: main human rights challenges in the realisation of universal access to HIV prevention, treatment, care and support (Maximum 600 words)

2.1. Identify at least three key human rights challenges and the population groups particularly affected by these challenges.

2.2 For each of the three key challenges identified, describe: (i) the main causes of these challenges, (ii) the actors that have a role to play in addressing these challenges and, (iii) the factors that may prevent them from taking effective action (capacity and institutional gaps).

N.B.: the human rights challenges to be considered may include, but are not limited to:

• Limited participation of vulnerable groups, including people living with HIV, persons with disabilities, and women and girls in a socio-economically and marginalised position, in formulating and implementing a national response to HIV.
• Lack of access to health care services and goods, including those necessary for prevention of mother-to-child transmission, anti-retroviral treatment (ART) for HIV infection, and treatment for opportunistic infections.
• Gender-based violence, in particular against women and girls in socially and economically vulnerable situations.
• Discrimination and stigmatisation of people living with HIV and other vulnerable groups in society.
• Breach of confidentiality and violation of the right to privacy of people living with HIV
• HIV-related restrictions on entry, stay and residence
• Criminalisation of HIV transmission or exposure
• Protection of the rights of children who are orphaned or made vulnerable by AIDS, including the right to alternative care, inheritance, access to paediatric ART.
• Protection of the rights of persons with disabilities, including the right to information about HIV, and right to non-discrimination

3. Response (Maximum 600 words)

3.1. Please describe key legal, policy, programming, budgeting or other measures in place to address the challenges faced by those groups or populations more severely affected by HIV, as well as the measures being taken to overcome the capacity and institutional gaps described in question 2.

3.2 Please indicate whether affected persons participated in the design, implementation and evaluation of these policies, programmes or measures. If so, please describe the participation process.

4. Achievements (Maximum 300 words)

What are your most significant human rights achievements in the national HIV response? Please describe briefly how these achievements came about and the lessons learnt from the experience.