Human rights

GENEVA, 31 July 2013—The Joint United Nations Programme on HIV/AIDS (UNAIDS) expresses deep concern over the reintroduction of a Sanitary Decree in Greece that could lead to infringements of human rights and prevent people from accessing HIV services.

There is no evidence that punitive approaches—particularly those that single out members of key populations––are effective in responding to HIV. On the contrary, such measures deter people most affected by HIV from accessing lifesaving HIV prevention and care services.

Initially introduced in April 2012, the Sanitary Decree allows for “specific control” and “screening” measures against sex workers, migrants and people who use drugs. Shortly after the Decree was introduced a number of sex workers were arrested, detained, tested for HIV, prosecuted and their photographs published.

The Sanitary Decree was repealed in April 2013; however, the government reintroduced the Decree in June this year. UNAIDS is very concerned that the reintroduction of this legislation, with the same provisions, could serve to justify actions that violate human rights.

UNAIDS urges the Greek authorities to repeal the Sanitary Decree and initiate dialogue with health experts, civil society organizations and other relevant stakeholders to develop appropriate evidence-informed and rights-based public health regulations. All people—including sex workers and their clients, people who use drugs, migrants and asylum-seekers—should have access to voluntary and confidential HIV services and be protected against discrimination.

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners to maximize results for the AIDS response. Learn more at unaids.org and connect with us on Facebook and Twitter.

GENEVA, 10 December 2012—On the occasion of Human Rights Day, there is evidence that global solidarity and shared responsibility are expanding people’s right to health across the world. More than half the people in need of antiretroviral treatment are now receiving it, far fewer people are dying from AIDS-related illnesses, 25 countries have reduced new HIV infections by more than 50% and new HIV treatment and prevention science promise yet more results.

But AIDS is far from over and there are still major challenges to reaching people with life-saving HIV services. People living with HIV have fought for and gained impressive recognition of their right to non-discrimination. However zero discrimination in the response to HIV is far from being achieved. HIV-related discrimination continues to impact the lives of many people living with HIV, and still prevents millions of people from coming forward to test for HIV and access prevention and treatment services.

Effective programmes and protective laws can overcome discrimination and marginalization in the context of HIV. But many of the people most affected by the epidemic remain marginalized and criminalized––sex workers, people who use drugs, men who have sex with men and transgender people. They are unable to benefit from their rights to health, non-discrimination and freedom from violence.  As the world strives to achieve zero new HIV infections, zero discrimination and zero AIDS-related deaths, efforts must be doubled to realize the rights of all people affected by HIV. 

This International Human Rights Day is dedicated to the principle of inclusion and the right to participate in public life. We need to work to ensure that all members of society have the opportunity to fully realize their rights to health, dignity and security in a world with HIV.

Key elements to ensuring a rights-based approach to HIV include:

• Strong and supportive links to care and treatment must be included in HIV testing programmes;
• Efforts to expand treatment must ensure access to the right medicines at the right time, including second line medicines that in many places remain prohibitively expensive;
• Health systems need to be strengthened to become places of care and support, not denial and discrimination;
• Communities and civil society also need to be strengthened and resourced to work in synergy with health services;
• A wide range of HIV prevention services must be made available, especially to young people who are often denied their rights to information and services about HIV and sexuality;
• Women living with HIV must be able to fully exercise their reproductive and sexual health rights;
• And punitive laws must be replaced by protective ones.

“The private sector can influence these governments to do the right thing,” Schreiber said. “We call on CEOs to show your leadership by joining the pledge to end discrimination of people with HIV.”

See countries, fact sheets and up-to-date list of CEOs

Below are CEOs who have signed as of 19 July, 2012:

Aigboje Aig-Imoukhuede, Group Managing Director/CEO, Access Bank Plc

Mark Bertolini, Chairman, CEO and President, Aetna

Cynthia Carroll, Chief Executive, Anglo American plc

Vincent A. Forlenza, Chairman of the Board, CEO and President, BD

Debra Lee, Chairman & CEO, BET Networks

Lamberto Andreotti, CEO, Bristol-Myers Squibb Company

Muhtar Kent, Chairman of the Board and CEO, The Coca-Cola Company

Glenn K. Murphy, Chairman and CEO, Gap Inc.

Jonathan D. Klein, CEO and Co-Founder, Getty Images

John C. Martin, PhD, Chairman and CEO, Gilead Sciences, Inc.

Karl-Johan Persson, CEO, H&M Hennes & Mauritz AB

Jean-François van Boxmeer, Chairman of the Executive Board/CEO, HEINEKEN NV

Bong Yong Dam, CEO, Hub One International Company Ltd.

Alex Gorsky, CEO, Johnson & Johnson

Kenneth Cole, Chairman and Chief Creative Officer, Kenneth Cole Productions

Chip Bergh, President & CEO, Levi Strauss & Co.

Kenneth C. Frazier, Chairman, President & CEO, Merck & Co.

Heather Bresch, CEO, Mylan

David J. Stern, Commissioner, National Basketball Association (NBA)

Blake Nordstrom, President, Nordstrom, Inc.

Douglas A. Michels, President & CEO, OraSure Technologies, Inc.

Mikkel Vestergaard Frandsen, CEO, Vestergaard Frandsen

Richard Branson, Founder, Virgin Unite

William H. Roedy, AIDS Activist and former Chairman, MTVN International

GENEVA, 9 December 2011—On the occasion of Human Rights Day, 10 December, the Joint United Nations Programme on HIV/AIDS (UNAIDS) is calling on countries to protect, promote and uphold human rights for all people living with and vulnerable to HIV.

Violence against women and girls; stigma and discrimination against people living with HIV or people vulnerable to HIV infection; punitive approaches to key populations at higher risk of infection; criminalization based on sexual orientation and gender identity; and HIV-related restrictions on entry, stay and residence not only violate human rights but also act as barriers to accessing HIV prevention, treatment, care and support services.

“Respect for human rights is a non-negotiable requirement for the AIDS response,” said Michel Sidibé, UNAIDS Executive Director. “Only through dignity and equality can we promote a socially sustainable agenda.” 

An estimated 76 countries and areas have laws that criminalize same-sex sexual relations between consenting adults––five impose the death penalty. More than 100 countries criminalize some aspect of sex work, and most States have policies or laws that result in people dependent on drugs being subject to criminal penalties. In addition, 47 countries continue to impose some form of restriction on the entry, stay and residence of people living with HIV.

In March 2011, the UN Human Rights Council urged all States to eliminate ‘criminal and other laws that are counterproductive to HIV prevention, treatment, care and support efforts, including laws directly mandating disclosure of HIV status or that violate the human rights of people living with HIV and members of key populations’. It also urged States to enact laws to protect people affected by HIV from discrimination, abuses and violence while accessing HIV prevention, treatment, care and support services.

In the 2011 United Nations Political Declaration on HIV/AIDS, countries reaffirmed their commitment to promote universal respect for, and the observance of, all human rights in their responses to HIV. The declaration noted that HIV prevention strategies inadequately focus on populations at higher risk—specifically men who have sex with men, people who inject drugs and sex workers, and called on countries to focus their response based on epidemiological and national contexts.

Geneva, 10 May 2011—UNAIDS is concerned over the renewed consideration by the Ugandan Parliament of an ‘Anti-Homosexuality Bill.’ UNAIDS considers the criminalization of people based on their sexual orientation a denial of human rights and a threat to public health in the context of the HIV response.

“Uganda’s early leadership in the HIV response under President Museveni helped reverse the rising tide of the epidemic across the country,” said UNAIDS Executive Director Michel Sidibé. “Respect for the rights of all people, including those most vulnerable to HIV, led to the effective roll-out of HIV prevention, treatment, care and support services. The Anti-Homosexuality Bill risks undermining this progress and robs affected Ugandan citizens of their dignity and human rights,” he added.

Under the proposed law, anyone convicted of a homosexual act would face life imprisonment; accused individuals who are HIV-positive would be subject to the death penalty; and all citizens would be required to report any ‘homosexual activity’ to the police. Sex between men is already illegal under Uganda’s existing laws and punishable by imprisonment for up to 14 years.

As the world prepares for the 2011 UN General Assembly High Level Meeting on AIDS in June to commemorate 30 years of the HIV epidemic and commit to the vision of zero new HIV infections, zero discrimination, and zero AIDS-related deaths, UNAIDS calls on governments to ensure that their laws uphold non-discrimination for all people affected by HIV.

Seventy-nine countries and territories around the world continue to criminalize same-sex behaviour. UNAIDS urges these countries and territories to review and repeal laws that discriminate against sexual minorities.

Bangkok, 16 February 2011—Thirty years after the first cases of HIV were diagnosed, 90 percent of countries in the Asia-Pacific region still have laws and practices that obstruct the rights of people living with HIV and those at higher risk of HIV exposure.

As part of a global drive to remove barriers to progress in the AIDS response, policymakers and community advocates will join experts from the Global Commission on HIV and the Law in Bangkok on 17 February for the first in a series of regional dialogues to be held across the world.

The Global Commission on HIV and the Law is an independent body comprising some of the world’s most respected legal, human rights and HIV leaders.  At this week’s dialogue, approximately 150 participants from 22 countries will discuss and debate region-wide experiences of restrictive and enabling legal and social environments faced by key populations in the Asia-Pacific region, including people living with HIV.

According to UNDP Administrator Helen Clark, “The law and its application can have a profound impact on the lives of people, especially those who are marginalized and disempowered.  The law is a powerful instrument to challenge stigma, promote public health, and protect human rights. We have much to learn from the positive and negative experiences in this region on the interactions between the law, legislative reform, law enforcement practices, and public health responses.”

Across the region, legislation and law enforcement often lag behind national HIV policies, with the result that the reach and effectiveness of HIV prevention, treatment and care programmes are undermined. For example, 19 countries still criminalize same-sex relations and 29 countries criminalize some aspect of sex work. Many countries in the region enforce compulsory detention for people who use drugs and in some cases (eleven countries in Asia) issue the death penalty for drug offences.

“In the Asia-Pacific region, and across the world, there are too many examples of countries with laws, policies and practices that punish, rather than protect, people in need of HIV services. Where the law does not advance justice, it stalls progress,” said Mr. Michel Sidibé, Executive Director of the Joint United Nations Programme on HIV/AIDS (UNAIDS), who will participate in the Commission’s dialogue in Bangkok. “Advancing human rights and gender equity would not only be a triumph for the AIDS response, but for human development as a whole.”

Responding on behalf of the Global Commission on HIV and the Law, the Hon. Michael Kirby, Commissioner and Co-Chair of the Commission’s Technical Advisory Group stated “the effectiveness of the HIV response will depend not just on the scale up of HIV prevention, treatment and care, but on whether the legal and social environment support or hinder programmes for those who are most vulnerable. This requires bold and effective legal and policy measures to reach out to vulnerable communities and individuals at risk.”

The Regional Dialogue, hosted by the Global Commission on HIV and the Law, is jointly organized by UNDP and UNAIDS in partnership with the United Nations Economic and Social Commission on Asia and the Pacific (ESCAP). In mid-2010, ESCAP’s Member States passed Resolution 66/10 in which countries committed to address policy and legal barriers to effective HIV responses.

“I am proud that, in our region, we have had such strong showing of collective will to handle these difficult issues,” said Noeleen Heyzer, Under-Secretary-General of the United Nations and Executive Secretary of ESCAP. “In adopting Resolution 66/10, our Member States highlighted the urgency of ensuring universal access to comprehensive prevention programmes, treatment, care and support. A major step towards achieving these goals is to foster an equitable and just legal and policy environment, with particular regard for key populations.

Note to editors:

The Global Commission on HIV and the Law was launched in June 2010 by UNDP on behalf of the UNAIDS family to provide global leadership on HIV-related legal and human rights issues by analysing what is known about the interactions between the legal environments, human rights and HIV; fostering evidence-informed public dialogue on the need for rights-based law and policy in the context of HIV; and identifying clear and actionable recommendations with a concrete plan for follow-up.  (www.hivlawcommission.org)

The members of the Commission are: former President of Brazil, Fernando Henrique Cardoso (Brazil, Commission Chair), Justice Edwin Cameron (South Africa), Ms. Ana Helena Chacón-Echeverría (Costa Rica), Mr. Charles Chauvel (New Zealand), Dr. Shereen El Feki (Egypt, Commission Vice-Chair), Ms. Bience Gawanas (Namibia), Dame Carol Kidu (Papua New Guinea), the Honourable Michael Kirby (Australia), the Honourable Barbara Lee (United States), Mr. Stephen Lewis (Canada), His Excellency Mr. Festus Mogae (Botswana), Mr. JVR Prasada Rao (India), Professor Sylvia Tamale (Uganda), Mr. Jon Ungphakorn (Thailand) and Professor Miriam Were (Kenya).

GENEVA, 31 January 2011—The Joint United Nations Programme on HIV/AIDS (UNAIDS) is concerned about reported government-led investigations of programmes run by the All-Ukrainian Network of People Living with HIV and other non-governmental organizations working in the field of AIDS across Ukraine. UNAIDS calls on the Government of Ukraine to ensure the investigations do not lead to a disruption of HIV services provided by these organizations to thousands of people.

The All-Ukrainian Network of People Living with HIV and other community and non-governmental organizations play a key role in Ukraine’s response to the HIV epidemic. Working together, the Ukrainian government and civil society organizations have achieved considerable success in providing services for HIV prevention, treatment, care and support to populations at higher risk of HIV infection and people living with HIV.

UNAIDS commends the Government of Ukraine on the recently endorsed State Law on AIDS that promotes a human rights-based AIDS response. The law guarantees harm reduction services—including needle exchange and substitution treatment—for people who inject drugs; confidentiality of HIV status for people living with HIV; post-exposure prophylaxis for health care providers and victims of sexual violence; and independent access to HIV-related services for adolescents.

This endorsement of the provision of harm reduction services for people who inject drugs—an evidence-informed measure that has proven effective in many countries, including Ukraine, and endorsed by UNAIDS, WHO and UNODC—will strengthen existing programmes run jointly by the government and non-governmental organizations.

“This law represents a major turning point for the AIDS response in Eastern Europe,” said UNAIDS Executive Director Michel Sidibé. “The new law must be fully implemented by all parts of the government in letter and spirit.”

With this law, Ukraine also joins a growing list of countries that have lifted entry, stay and residence restrictions for non-nationals living with HIV, aligning the country’s HIV legislation with international public health, social and human rights protection standards.

The new law represents an important commitment by Ukraine to the country’s HIV epidemic, which remains the most severe in all of Europe. HIV prevalence in Ukraine is estimated at 1.3% and annual HIV diagnoses in the country have more than doubled since 2001. Between 39% and 50% of the estimated 375 000 people who inject drugs in Ukraine are living with HIV.

GENEVA, 27 January 2011— UNAIDS expresses grave concern over the killing of David Kato, a prominent gay activist and human rights defender in Uganda.

“I am deeply saddened by the loss of Mr Kato,” said Michel Sidibé, UNAIDS Executive Director. “I urge the Government of Uganda to conduct a thorough investigation into his death, as well as to ensure adequate security for its lesbian, gay, bisexual and transgender citizens.”

Mr Kato was a primary school teacher and a leading voice against Uganda’s Anti-Homosexuality Bill. Sex between men is considered illegal under Uganda’s existing laws. The United Nations including UNAIDS and many development partners have called on the Ugandan Parliament to drop the bill and to decriminalize same-sex behaviour.

Mr Kato’s death comes days after the High Court of Uganda ruled that Uganda’s constitution protects the right to dignity and privacy for all Ugandans regardless of their sexual orientation. Specifically, the court ruled that inciting violence against people based on their sexual orientation threatens their right to human dignity.

This ruling came from a case against a local publication that had published a photograph of Mr Kato and others, urging citizens ‘to hang them because of their sexual orientation’. UNAIDS denounces homophobia and actions that incite violence against individuals and communities.

Some 80 countries or areas around the world have laws that make same-sex behaviour a criminal offence. UNAIDS believes that such laws are discriminatory and create obstacles for people accessing HIV services.

GENEVA, 17 January 2011—UNAIDS is concerned by the recent reported killings of transgender people in Honduras. Since late November 2010, five individuals from the transgender community have been reportedly killed in separate incidents in the country. The motive for these killings has not been determined.

“UNAIDS urges the Government of Honduras to take every step to investigate these killings thoroughly,” said Mr Michel Sidibé, Executive Director of UNAIDS. “All forms of discrimination, including transphobia, block access to HIV prevention programmes and impact the quality of care for people living with HIV.”

Honduras has committed to protecting the human rights of all individuals in various international and regional resolutions. “I urge all states to provide adequate protection to transgender people,” said Mr Sidibé.

UNAIDS expresses its full support for the community of transgender people in Honduras and for the Latin American Network of Transgender People (REDLACTRANS) in their efforts to stop intimidation and violence against transgender individuals.