Commonwealth Human Rights Initiative

Addressing HIV/AIDS
International Obligations
and

Human Rights Venkatesh Nayak

HIV/AIDS and Social Stigma

In addition to the disease, HIV/AIDS infected people suffer due to

Denial

Discrimination Harassment and threats to life Lack of proper health care Marginalisation & abandonment Voicelessness Lack of access to justice
Graphics courtesy : Australian Department of Health/AVERT

Millennium Declaration
We resolve further

to have by then (the year 2015) halted and begun to reverse the spread of HIV/AIDS (Art. 19)
to provide special assistance to children orphaned by AIDS (Art. 19) to help Africa build up its capacity to tackle the spread of the HIV/AIDS pandemic (Art. 28)

Source: Resoultion adopted by 190+ member countries of the UN at the Millennium Session in September 2000

Millennium Development Goals

Goal # 6 Combat HIV AIDS Progress Indicators Decrease in the HIV prevalence amongst pregnant women in the age group of 15-24 years Increase in the prevalence of contraception

Decrease in the number of children orphaned by HIV/AIDS

Millennium Declaration adopted by 190+ member countries of the UN at the Millennium Session in September 2000

UN Special Session on HIV/AIDS

For Prevention
Establish time bound national targets in line with MDG
(by 2003)

Establish and implement prevention and care programmes in private, public & informal work sectors (by 2005) Implement universal precautions in health-care settings to prevent transmission of HIV infection (by 2003) Ensure that young men and women (15-24 years) have access to information, education and services necessary to develop the life skill required to reduce their vulnerability to HIV/AIDS
(by 2005- 90% by 2010 95% )

Reduce proportion of infected infants

(by 2005- 20% by 2010 50% )

Declaration of Commitment on HIV/AIDS adopted by 190+ member countries at the 26th Special Session of the General Assembly in June 2001

UN Special Session on HIV/AIDS

This must be done by ensuring that
80% of pregnant women receiving antenatal health care have access to prevention related information, education and services and Infected women have access to effective treatment to reduce mother to child transmission risk

Ensure that a wide range of prevention programmes are in place in all countries, particularly the most affected (by 2005)
taking account of local circumstances, ethics and cultural values

information, education and communication must be in languages most understood by communities and respectful of cultures
Essential commodities like condoms, sterile injecting equipment, safe blood supplies etc. must be made available

UN Special Session on HIV/AIDS

For care, support and treatment
Develop national strategies supported by regional and international strategies in collaboration with international community (by 2003)

Strengthen health care systems and address factors affecting the provision of HIV-related drugs, including antiretroviral drugs, inter alia affordability and pricing, including differential pricing, and technical and health care systems capacity (by 2003)

Develop and make significant progress in implementing comprehensive care strategies to: strengthen family and community-based care including that provided by the informal sector, and health care systems to provide and monitor treatment to people living with HIV/AIDS, including infected children (by 2005)

UN Special Session on HIV/AIDS

For care, support and treatment
Support individuals, households, families and communities affected by HIV/ AIDS; (by 2005) Improve the capacity and working conditions of health care personnel, and the effectiveness of supply systems, financing plans and referral mechanisms required to provide access to affordable medicines, including anti-retroviral drugs, diagnostics and related technologies, as well as quality medical, palliative and psycho-social care (by 2005) Ensure that national strategies are developed in order to provide psycho-social care for individuals, families, and communities affected by HIV/AIDS (by 2003)

Abuja Declaration and Framework for Action for the Fight against HIV/AIDS (2001)
We solemnly declare as follows
We consider AIDS as a State of Emergency We commit ourselves to take all necessary measures to ensure that the needed resources are made available from all sources and that they are effectively utilised We pledge to set a target of allocating at least 15% of our annual budget to the improvement of the health sector We resolve to enact and utilise appropriate legislation and international trade regulations to ensure the availability of drugs at affordable prices and technologies for treatment, care and prevention of HIV/AIDS

Nassau Declaration on Health 2001

We the Heads of Govt. of CARICOM
Cognizant of the critical role of health in the economic development of our people and overawed by the prospect that our current health problems especially HIV/AIDS may impede such development through the devastation of our human capital

mandate that the Regional Strategic Plan on HIV/AIDS be revised and expanded to ensure that the Pan-Caribbean Partnership (PANCAP) benefit fully from the availability of regional and global funds by 1 December 2001, especially in the context of the general targets established by the United Nations Special Session on HIV/AIDS

EU Accelerated Action on HIV/AIDS In the context of Poverty Reduction

European Commission to prioritise health, AIDS and population (HAP) interventions during 2002-2006 HAP allocation was 8% of total budget in 2000 ( 800 million). This will be progressively increased

European community will assist developing countries to develop high quality local production of key pharmaceuticals many of which are off patent and could be produced immediately
Build capacity of developing countries in prevention and tackling of communicable diseases like HIV/AIDS
Source : Commission of the European Communities, 2001

UNESCAP (2003) Regional Call for Action Against AIDS

Respond to the HIV/AIDS pandemic with political commitment at the highest decision-making levels Mainstream HIV/AIDS into national economic and social development planning Generate adequate resources, both through domestic resource mobilization and by encouraging donors to make concrete efforts towards the target of 0.7 per cent of GNP for ODA Promote policies that prevent the spread of HIV/ AIDS through high-risk behaviour and improve access to affordable care and treatment
Australia, the Fiji Islands, India, Sri Lanka and the UK are members

UNESCAP (2003) Regional Call for Action Against AIDS

Promote the implementation of comprehensive interventions for HIV prevention among drug users, together with drug abuse prevention strategies Support action to address dimensions of the epidemic the gender-specific

Improve the accessibility by, and availability for, the poor of antiretroviral and other life-saving drugs Strengthen support for children living with HIV/AIDS, orphans of parents who have died of AIDS-related illnesses and older persons affected by the death of adult offspring as a result of HIV/AIDS

HIV/AIDS and Human Rights

So what do HIV/AIDS infected people need? 1. Highest attainable standard of physical and

mental health

Already recognised as a human right in the Universal Declaration of Human Rights UDHR (Art. 25) in 1948 and guaranteed by the International Covenant on Economic, Social and Cultural Rights -ICESCR (Art. 12) in 1966, CEDAW (Art. 11, 12 & 14) in 1979 and Child Rights Charter CRC (Art. 23 & 24) 1989

2. Life, liberty and security of the person and freedom from torture, inhuman and degrading treatment
Already recognised in the UDHR (Art. 3&5) in 1948 and guaranteed by the International Covenant on Civil and Political Rights (Art. 6, 7 & 9) in 1966, CEDAW in 1979 and CRC (Art. 6, 9, 11, 37) 1989 and the Convention Against Torture in 1984

HIV/AIDS and Human Rights

So what do HIV/AIDS infected people need? 3.

Non-discrimination, protection of the law

equality

and

equal

Already recognised as a human right in the Universal Declaration of Human Rights (Art. 6-11 & 26) in 1948 and guaranteed by the ICCPR (Art. 14 - 16) in 1966, the ICESCR (Art. 3) in 1966 CEDAW (Art. 15 ) in 1979 and Child Rights Charter (Art. 40) 1989

4. Privacy
Already recognised as a human right in the Universal Declaration of Human Rights (Art. 12) in 1948 and guaranteed by the ICCPR (Art. 17) in 1966, CEDAW in 1979 and Child Rights Charter (Art. 16) 1989

HIV/AIDS and Human Rights

So what do HIV/AIDS infected people need? 5. To be able to move about without harassment
Already recognised as a human right in the Universal Declaration of Human Rights (Art. 13) in 1948 and guaranteed by the ICCPR (Art. 12) in 1966, CEDAW in 1979 and Child Rights Charter 1989

6. To be able to marry and have a family

Already recognised as a human right in the Universal Declaration of Human Rights (Art. 16) in 1948 and guaranteed by the ICCPR (Art. 23) & the ICESCR (Art. 10) in 1966, CEDAW (Art. 16) in 1979

HIV/AIDS and Human Rights

So what do HIV/AIDS infected people need? 7. To be able to work to earn a living
Already recognised as a human right in the Universal Declaration of Human Rights (Art. 23) in 1948 and guaranteed by the ICESCR (Art. 6) in 1966, CEDAW (Art. 11) in 1979

8. To be able to express oneself and seek and receive information

Already recognised as a human right in the Universal Declaration of Human Rights (Art. 19) in 1948 and guaranteed by the ICCPR (Art. 19) in 1966, CEDAW in 1979 and Child Rights Charter (Art. 13) 1989

HIV/AIDS and Human Rights

So what do HIV/AIDS infected people need? 9. To be able to join associations of ones

choice

Already recognised as a human right in the Universal Declaration of Human Rights (Art. 20) in 1948 and guaranteed by the ICCPR (Art. 22) in 1966, CEDAW (Art. 7) in 1979 and Child Rights Charter (Art. 15) 1989

10. To be able to have access to education without being discriminated against

Already recognised as a human right in the Universal Declaration of Human Rights (Art. 26) in 1948 and guaranteed by the ICESCR (Art. 13 & 14) in 1966, CEDAW (Art. 10) in 1979 and Child Rights Charter (Art. 28) 1989

HIV/AIDS and Human Rights

So what do HIV/AIDS infected people need? 11. To have social security, assistance and

welfare

Already recognised as a human right in the Universal Declaration of Human Rights (Art. 22) in 1948 and guaranteed by the ICESCR (Art. 9) in 1966, CEDAW (Art. 11) in 1979 and Child Rights Charter (Art. 26) 1989

12. To be able to participate in public affairs and cultural life and have access to public service
Already recognised as a human right in the Universal Declaration of Human Rights (Art. 27) in 1948 and guaranteed by the ICCPR (Art. 25) & the ICESCR (Art. 15) in 1966, CEDAW (Art. 11) in 1979 and Child Rights Charter 1989

HIV/AIDS and Human Rights

So what do HIV/AIDS infected people need? 13.

To be able to share advancements and benefits

in

scientific

Already recognised as a human right in the Universal Declaration of Human Rights (Art. 27) in 1948 and guaranteed by the ICESCR (Art. 15) in 1966, CEDAW in 1979 and Child Rights Charter 1989

In short - the right to live with dignity

Already recognised as a human right all international and regional human rights instruments

Ratification Status of Treaties

Country Australia Canada Fiji Islands India Jamaica Sri Lanka Uganda
United Kingdom

ICCPR
Ratified Ratified Acceded Ratified Ratified Ratified Ratified

ICESCR
Ratified Ratified Acceded Ratified Ratified Ratified Ratified

CEDAW
Ratified Ratified Acceded Acceded Ratified Ratified Ratified Ratified

CRC
Ratified Ratified Ratified Acceded Ratified Ratified Ratified Ratified

CAT
Ratified Ratified Signed Acceded Acceded Ratified

Status as of November 2004

Source: OHCHR Website

Rights Based Approach: the right approach

Fundamental goal and underlying principle of human rights

to secure a dignified life for all human beings

recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world
(Opening Statement of the UDHR, 1948)

Realization of human rights and fundamental freedoms for all is essential to reduce vulnerability to HIV/AIDS Respect for the rights of people living with HIV/AIDS drives an effective response
Declaration of Commitment on HIV/AIDS adopted by 190+ member countries at the 26th Special Session of the General Assembly in June 2001

Rights Based Approach: What can Parliamentarians do ?

Voice, within Parliament, the concerns of people you represent

Ensure proper legislations in tune with commitments and obligations are in place

international

Ensure adequate budgetary allocations are made Ensure funds allocated are well spent on the deserving

Hold the executive accountable in Parliament

Legislate for putting systems in place that ensure speedy access to justice when the rights of HIV/AIDS affected people are violated

When in doubt use The Talisman

I will give you a talisman Recall the face
of the poorest and weakest man whom you may have seen, and ask yourself if the step you contemplate is going to be of any use to him. Will he gain anything by it? Will it

restore him to a control over his own life

and destiny? Then you will find your doubts and yourself melting away.

Thank you