UNAIDS - 12 August 2009

Legislation can be a powerful tool in the response to AIDS. When based on human rights standards, and appropriately implemented and enforced, the law can support positive public health outcomes and enable individuals and communities to realize their rights. Many areas of law are critical to an effective AIDS response: public health law, anti-discrimination and equality of women, domestic relations and prevention of sexual violence, intellectual property, social security, laws governing drug use, sex work, prisons.

The ICAAP session brought together representatives from executive, legislative, judicial and law enforcement sectors to find out ways to break down law barriers and criminalization of most-at-risk populations in multiple contexts in Asia and the Pacific. This satellite symposium was an opportunity for legislators, law enforcers and people who have been affected to discuss possible and effective solutions.

"The regional situation regarding criminalization of most-at-risk populations and risky behaviours is not optimistic," said Anand Grover, UN special rapporteur on the right to health, who is also the chair of the symposium. "The importance of human rights and their protection has become a core principle of the United Nations and in the world today."

Besides exploring the implications of legal barriers and criminalization on HIV prevention efforts, participants also discussed the critical role played by law enforcers in determining the legal environment and in influencing access to HIV services. The enforcement of legal provisions, or perceived legal directives, by law enforcers is often done in ways that infringe on the human rights of affected populations and serve as additional barriers to access HIV prevention and treatment.

All the participants agreed that there is hesitation in changing existing legal provisions, and a degree of discomfort with possible outcomes. Also, the time required for changes is long, and time is a major factor in effective action against HIV. Thus, while working on change as a long-term solution, it is important to find space and opportunity for constructive action within existing structures.

Resources:

Related links:

More on ICAAP 09 - http://www.unaids.org/en/Conferences/2009/9_ICAAP.asp

HIV and the law - http://www.unaids.org/en/PolicyAndPractice/HumanRights/20070618_H IV_Law.asp

Asia - http://www.unaids.org/en/CountryResponses/Regions/Asia.asp

Oceania - http://www.unaids.org/en/CountryResponses/Regions/Oceania.asp

External links:

ICAAP 2009 Official web site - http://www.icaap9.org/

Publications:

HIV Transmission in intimate partners relationships in Asia (pdf, 771 Kb.) - http://data.unaids.org/pub/Report/2009/intimate_partners_report_e n.pdf

2008 Report on the global AIDS epidemic - http://www.unaids.org/en/KnowledgeCentre/HIVData/GlobalReport/200 8/2008_Global_report.asp

Joint action for results: UNAIDS outcome framework, 2009 û 2011 (pdf, 396 Kb.). - http://data.unaids.org/pub/Report/2009/jc1713_joint_action_en.pdf

Report of the Commission on AIDS in Asia: Redefining AIDS in Asia: Crafting an effective response (pdf, 1.6 Mb) - http://data.unaids.org/pub/Report/2008/20080326_report_commission _aids_en.pdf

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