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Overview of Key Legal Issues Eastern Europe & Central Asia Regional DialogueChişinău, Moldova18-19 May 2011<br />1<br />Se...
Purpose of this presentation<br />To provide an overview of the key issues related to law, human rights & HIV in the regio...
Types of Messages<br />‘Good’ laws can have bad consequences – laws may have good intentions but have harmful impacts* in ...
I. ‘Good’ laws can have unintended consequences<br />Negative health impact of criminal laws<br />Although goal of elimina...
I. ‘Good’ laws can have unintended consequences<br />Provision of health/ HIV services despite the law – positive examples...
How can civil society and government be engaged to scale up  positive examples?
What are the key messages that can be most convincing to law- and policy-makers (including law makers, ministers, judges a...
II. ‘Bad’ laws cause harm<br />Lack of recognition that criminalisationnegatively impacts populationsfor whom the burden o...
Even where sex work is not criminal or has been legalised, law enforcers use other laws to harass, exploit and punish sex ...
How can civil society and government be engaged to scale up  positive examples?
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Global Commission on HIV and the Law - Overview of key legal issues related to law, human rights & HIV in the region

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Eastern Europe & Central Asia Regional Dialogue of the global commission on HIV and the Law, Chişinău, Moldova, 18-19 May 2011

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  • There are many reports of laws or gross violations in the enforcement of laws and the detrimental impacts on HIV.The response to addressing the serious vulnerability created by such legal environments has not been sufficient.The aim of these Regional Dialogues is for the Commission to bear witness to the issues faced by those impacted by such legal frameworks. And to give due consideration to the gravity of the violations and the HIV and health impacts.But it is also to move ahead – to provoke a dialogue that offers arguments , which suggest possible ways forward in re-examining laws and their enforcement, and offer solutions.This is a framework within which the dialogue will happen.Examples:Anti-trafficking laws have disproportionate impacts on sex workers and fail to curb trafficking; anti-narcotics trade laws have disproportionate impacts on drug users and fail to curb illegal narcotics trade‘Anti-sodomy’ laws are based on out-dated notions of ‘social evil’ and cause severe marginalisation and health detriment; similarly, the use of laws against transgender personsThe failure to create an enforcement environment that supports persons to seek legal redressal in cases of violence and exploitationThe failure to recognise a variety of sexual assault such as marital rape increases vulnerability of women to HIV; similarly, the absence of protection from domestic violence
  • Transcript of "Global Commission on HIV and the Law - Overview of key legal issues related to law, human rights & HIV in the region"

    1. 1. Overview of Key Legal Issues Eastern Europe & Central Asia Regional DialogueChişinău, Moldova18-19 May 2011<br />1<br />Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, <br />304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023 <br />
    2. 2. Purpose of this presentation<br />To provide an overview of the key issues related to law, human rights & HIV in the region <br />Based on the civil society submissions received for the Regional Dialogue<br />Supplements a range of issues raised in background paper for the Regional Dialogue (see draft)<br />2<br />Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, <br />304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023<br />
    3. 3. Types of Messages<br />‘Good’ laws can have bad consequences – laws may have good intentions but have harmful impacts* in their substance & implementation<br />‘Bad’ laws cause harm – some laws are fundamentally flawed and therefore have detrimental impacts*<br />Non-implementation of laws – failure to implement existing laws causes rights violations & concomitant vulnerability to HIV*<br />Gaps in the law – an absence of law fails to protect those who are marginalised or vulnerable*<br /> * Although the dialogue shall discuss issues in the context of HIV, it is important to understand impacts within the context of broader health & development goals and within the context of broader community benefits<br />3<br />Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, <br />304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023<br />
    4. 4. I. ‘Good’ laws can have unintended consequences<br />Negative health impact of criminal laws<br />Although goal of eliminating illicit drug trade may be laudable, anti-narcotics laws are used to justify punitive legal measures against drug users and prevent access to harm reduction services – negative impact on the HIV response.<br />These laws also have serious impacts on drug users within prison settings<br />Anti-narcotics laws have limited impact on the intended purpose i.e. crime prevention<br />Similarly, laws against human trafficking may have good intentions, but are used mostly against sex workers – provide license to police to harass, abuse, arrest and exploit; prevent effective HIV interventions.<br />4<br />Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, <br />304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023 <br />
    5. 5. I. ‘Good’ laws can have unintended consequences<br />Provision of health/ HIV services despite the law – positive examples<br />signing memorandum with the police directorate to assist with implementation of harm reduction <br />advocacy with prisons administration, prosecutors and judiciary re release of drug users living with HIV from prisons <br />obtaining an order from multiple government stakeholders to provide access to substitution therapy to persons in police custody at stage of pre-trial detention<br />Points for Consideration:<br /><ul><li>How can law and policy makers be convinced about the harm being caused by these laws?
    6. 6. How can civil society and government be engaged to scale up positive examples?
    7. 7. What are the key messages that can be most convincing to law- and policy-makers (including law makers, ministers, judges and law enforcers)?</li></ul>5<br />
    8. 8. II. ‘Bad’ laws cause harm<br />Lack of recognition that criminalisationnegatively impacts populationsfor whom the burden of the epidemic is most acute<br />Criminallaw re sex work and related phenomena<br /><ul><li>Has failed to eradicate sex work (as intended) but only places sex workers in violent, exploitative contexts and allows extra-legal measures to be used by law enforcement – harming health and curtailing effective an HIV response
    9. 9. Even where sex work is not criminal or has been legalised, law enforcers use other laws to harass, exploit and punish sex workers</li></ul>Denial of citizenship due to HIV status<br />Creating hurdles to access ARV treatment<br /> Positive example of Kiyutin v Russia<br />Points for Consideration:<br /><ul><li>Are there other examples of ‘bad’ laws, or ‘bad’ practice of laws?
    10. 10. How can civil society and government be engaged to scale up positive examples?
    11. 11. What are the key messages that can be most convincing to policy-makers?</li></ul>6<br />Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, <br />304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023 <br />
    12. 12. III. Non-implementation of laws <br />Despite legalisation of sex work, ‘tolerance zones’ remain undefined – sex workers continue to face abuse from law enforcers<br />Despite law that protects people living with HIV from discrimination, there is failure to enforce this law in the employment context<br />Despite laws that provide for strict patient confidentiality, practice of breaching confidentiality remains <br />Points for Consideration:<br /><ul><li>What are strategies to ensure implementation of supportive laws – litigation (legal aid)? legal literacy?
    13. 13. How can government and civil society work together to improve implementation of laws?</li></ul>7<br />Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, <br />304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023<br />
    14. 14. IV. Gaps in the law<br />Even though criminal law does not exist, social attitudes cause harm to men who have sex with men – anti-discrimination laws do not exist to ensure their security and ability to access services<br />Persons living HIV face breach of confidentiality and discrimination in health care settings – the absence of laws to protect against such violations<br />The constitutional right to health fails to assure access to ARV therapy, including for children with HIV, and fails to assure substitution therapy to drug users <br />Police action goes unchecked, when there is resort to extra-legal and illegal measures to extort, harass, attack - against sex workers, drug users, MSM and transgender persons <br />Points for Consideration:<br /><ul><li>What are the other ‘gaps’ that need to be articulated in relation to HIV?
    15. 15. Are there gaps in the enforcement of laws that need to be addressed?</li></ul>8<br />Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, <br />304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023 <br />
    16. 16. Discussion<br />What does this overview tell us about law, the lack of law and its (non) implementation? <br />Why is there a dichotomy between the law and health ministries? How do we overcome this inconsistency?<br />What are the key challenges for government/civil society that need to be recognised and worked toward addressing?<br />What are the solutions that can be offered to law and policy-makers given the issues that have been raised?<br />9<br />Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, <br />304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023<br />
    17. 17. Group work<br />Drug Policy and Drug Use – 1<br />Drug Policy and Drug Use – 2<br />Access to healthcare, treatment, Discrimination based on health status (HIV, TB, Hepatitis C, workplace issues, travel restrictions)<br />Sex, Sexuality & Family relationships (sex work, MSM and transgender, young persons) <br />10<br />
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