Regional dialogues of the global commission on hiv and the law, oct. 2011
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Regional dialogues of the global commission on hiv and the law, oct. 2011

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Presentation given at UNDP in Oct. 2011, after the completion of the 7 Regional Dialogues of the Global Commission on HIV and the Law. ...

Presentation given at UNDP in Oct. 2011, after the completion of the 7 Regional Dialogues of the Global Commission on HIV and the Law.

More info on the regional dialogues can be found here: http://hivlawcommission.org/index.php/regional-dialogues

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Regional dialogues of the global commission on hiv and the law, oct. 2011 Regional dialogues of the global commission on hiv and the law, oct. 2011 Presentation Transcript

  • What have we learned from the Regional Dialogues: Issues, Outcomes, Challenges & Opportunities Update from the Commission Secretariat: Emilie Pradichit, Vivek Divan & Mandeep Dhaliwal, UNDP HIV/AIDS Practice 3 October 2011
  • Outline of the Presentation Background – the Commission & Regional Dialogues (RD) Key Issues that arose at the RDs – a snapshot Outcomes, Opportunities & Challenges
  • Goal of the CommissionTo develop actionable, evidence-informed,human rights-based recommendations foreffective AIDS responses that mitigate theimpact of HIV and promote and protect thehuman rights of people living with and mostvulnerable to HIV Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023 3
  • Objectives  Outcomes  Consolidated, coherent and1. Analyse existing evidence and compelling evidence base generate new evidence  Greater awareness among key2. Develop rights-based and stakeholders evidence-informed  Leadership of law and policy recommendations makers to create a positive legal environment3. Increase awareness amongst key constituencies  Public dialogue on social attitudes, human rights and4. Engage with civil society and legal issues relating to HIV strengthen their ability to campaign, advocate, lobby  Civil society engagement Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023 4
  • 3 mutually reinforcing axes 5
  • Regional Dialogues• Why? – For the commission to learn from and hear perspectives and experiences on HIV and the law from the regions….their scope, scale, impact, contours, nuance • Evidence of impact of legal environments – An opportunity to generate/expand constructive dialogue on issues on HIV and law between civil society and government…also an opportunity for learning and exchange across constituencies, countries and regions – To move beyond identifying problems to developing/ sharing practical solutions which are relevant to country realities … mobilising civil society (not just HIV CSOs) and government (not just National AIDS Councils/ Ministries of Health) Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023 6
  • OVERVIEW: 644 submissions, from 133 countries in 10+ languages Region Countries ParticipantsAsia-Pacific Australia, Bangladesh, Cambodia, China, Fiji, India, Indonesia, Japan, 140 submissionsBangkok, Thailand Malaysia, Myanmar, Nepal, New Zealand, Pakistan, Papua New Guinea, received; 63 civil society(16 - 17 February 2011) Philippines, Singapore, Sri Lanka, Thailand, Tonga, Vietnam & 40 government expertsCaribbean Antigua and Barbuda, the Bahamas, Barbados, Belize, Dominican Republic, 22 submissions received;Port of Spain, Trinidad & Tobago French Caribbean Islands, Grenada, Guyana, Haiti, Jamaica, Saint Kitts and 45 civil society(12 - 13 April 2011) Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad participants and 25 and Tobago government expertsEastern Europe & Central Asia Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Bulgaria, 111 submissionsChisinau, Moldova Croatia, Czech Republic, Estonia, Georgia, Hungary, Kazakhstan, Kosovo - received; 56 civil society(18 - 19 May 2011) UN administered territory, Kyrgyzstan, Latvia, Lithuania, Macedonia, participants and 15 Moldova, Montenegro, Poland, Romania, Russian Federation, Serbia, government experts Slovakia, Slovenia, Tajikistan, Turkey, Turkmenistan, Ukraine, UzbekistanLatin America Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican 79 submissions received;Sao Paulo, Brazil Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, 57 civil society(26 - 27 June 2011) Panama, Paraguay, Peru, Uruguay, Venezuela participants and 32 government expertsMiddle East & North Africa Algeria, Egypt, Jordan, Lebanon, Mauritania, Morocco, Palestine, Saudi 17 submissions received;Cairo, Egypt Arabia, Sudan, South Sudan, Tunisia, UAE, Yemen 120 civil society(27-29 July 2011) participants, religious leaders & government expertsAfrica Botswana, Burkina Faso, Burundi, Cameroon, Central African Republic, 235 submissionsPretoria, South Africa Djibouti, Democratic Republic of Congo, Ghana, Ivory Coast, Kenya, received; 65 civil society(3-4 August 2011) Madagascar, Malawi, Mali, Mauritius, Morocco, Mozambique, Namibia, participants, 37 Niger, Nigeria, Republic of the Congo, Rwanda, Senegal, South Africa, government experts Swaziland, Tanzania, Togo, Uganda, Zambia, ZimbabweHigh-Income Countries Canada, Denmark, Finland, France, Germany, Netherlands, Norway, 40 submissions received;Oakland, Calif, USA Portugal, Spain, Sweden, Switzerland, UK, USA 49 civil society(16-17 September) participants, 15 government experts
  • PARTICIPANTSCivil Society Government Experts• Networks and NGOS of people living with HIV • Members of Parliament• Representatives of communities of drug users, • Offices of the Attorney General sex workers, transgender people, and men who • Ministries of Justice have sex with men • Ministries of Legislative Drafting• Women’s groups • Ministries of Interior• Youth networks • Judiciary – Supreme Courts, High Courts,• Trade Unions Magistracy• Individual activists, academics, researchers • Prisons Administration• Legal scholars, human rights lawyers • Police Officers• Legal Aid providers • Narcotics Departments • Ministries of WomenObservers from the UN: UNDP country offices, • Ministries of Social AffairsUNAIDS Secretariat, UNICEF, UN Women, UNFPA, • Ministries of Child WelfareUNODC, OHCHR, ILO • Ministries of Commerce/ Trade • National Human Rights CommissionsOrganised in collaboration with UNDP Regionaloffices, & by engaging key regional actors: UNESCAP, • Ministries of HealthOAS, African Union, CARICOM, regional • National AIDS CouncilsParliamentary groups • Ombudspersons • Ministries of Labour Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023
  • Key Issues • Laws and Practices That Effectively Criminalise & Discriminate against People Living With HIV and those Vulnerable to HIV • Laws and Practices That Mitigate or Sustain Violence & Discrimination as Lived by Women • Laws and Practices that Facilitate or Impede HIV- related Treatment Access • Issues of Law and HIV pertaining to ChildrenSecretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023
  • Criminalisation of & Discrimination against People Living With HIV and those Vulnerable to HIV1. Negative health impact of criminal laws a. Abusive police conduct – constant refrain – possession of condoms as grounds for arrest/ harassment; unfettered powers to the police – due to vague, overly broad laws b. Prevents complaints of violence being lodged by sex workers, transgender people c. Prison settings - anti-sodomy laws prevent HIV services from being provided d. Prevents implementation of evidence-based harm reduction services for drug users – legitimises punitive approaches (forced incarceration) in drug detention centres e. Moralism of (political & cultural) leaders influences such responses2. Hypercriminalisation & Discrimination a. Exacerbates stigma against persons living with HIV – heavy punishment for HIV transmission/ exposure, repeated denial of access to health services, jobs, educational institutions, citizenship; travel restrictions Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023 10
  • Violence & Discrimination as Lived by Women1. Non-implementation of laws that protect women from violence2. Absence of laws to protect women against violence (domestic, sexual assault, forced sterilisation), discrimination (re inheritance, property rights)3. Ill-conceived laws fail to protect women from violence – marital rape is not defined as ‘rape’, daughters/ wives are bestowed lesser share in inheritance of father’s/ husband’s property Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023 11
  • Issues of Law related to CHILDREN1. Early marriages: girls forced into early marriages sometimes incontravention of law, but often in absence of prohibition in the law2. Orphanhood leads to violation of rights: e.g. loss of access to property ofdeceased parents through grabbing by relatives, in the name of guardianship.Current legal regimes inadequately address this or are not enforced andmonitored properly.3. Age of consent: Lack of recognition of the ‘mature minor’ in order toensure that sexually active minors can access vital information and healthservices in confidentiality – related to issues of sex education.4. Discrimination against children affected or living with HIV: denied accessto schooling in violation of constitutional guarantees of equality. Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023 Affiliation Act
  • Issues of HIV-related TREATMENT ACCESS1. The constitutional right to life/ health fails to assure access to anti-retroviral therapy (ART)2. The international intellectual property regime poses a challenge to access affordable ART: a. Countries have encountered difficulties in using TRIPs flexibilities (compulsory licensing, parallel importation, defining patentability criteria) b. Developing nations have been pressured to accept the imposition of TRIPs-plus measures (anti-counterfeiting legislation, free trade agreements, data exclusivity) c. Governments readily conceding to TRIPs-plus measures without full knowledge of the impact on access to affordable ART3. Challenges with HIV treatment for children - insufficient access to pediatric ART. Low interest in innovating for children’s pharmaceutical products Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023 13
  • Positive experiencesa. Working with law enforcement/ municipalities / elected officials to improve access to services, reduce violence, advocate for change for sex workers, implement harm reduction services for drug users, sensitise prisons administration, prosecutors & judiciary on prisoners rightsb. Active use of and action by Ombudspersons in addressing human rights violationsc. Key rights-based legislation – e.g. anti-discrimination, recognition of alternative genders, domestic violence, recognising sex workd. Important judgments from the courts – e.g. negligence in blood transfusion, striking down anti-sodomy law, employment rights, supporting harm reduction services, quashing wrongful patent applications Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023 14
  • Outcomes, Opportunities & Challenges• Regional Dialogues have generated substantial evidence (primary research) on the impact of legal environments on HIV• Regional Dialogues have laid the foundation for strengthened policy & advocacy on law & human rights issues re HIV with governments, by civil society – use of the Commission’s website to share evidence and data• Regional Dialogues have catalysed country action: – Country requests for legislative review, judicial sensitisation – National dialogues on law reform – National dialogue between police and key population groups – Parliamentary groups• UNAIDS co-sponsors and UN agencies engagement in follow- up at country and regional levels – an opportunity within the UN for greater cohesion on law and human rights issues Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023
  • Thank You www.hivlawcommission.orgTwitter http://twitter.com/HIVLawComFacebook http://www.facebook.com/HIVLawCommission 16