Risks, Rights & Health
Global Fund Secretariat
25 September 2013
Dr Mandeep Dhaliwal & Tenu Avafia
HIV, Health And Develop...
Outline
• Introduction to the Global Commission on HIV and
the Law
• Linkages between law, human rights and high impact
pr...
1. Introduction to The Global Commission on
HIV & the Law
The Role of the Law in the AIDS
Response
Introduction to The Global
Commission on HIV & the Law
• UNAIDS target: by 2015, halve the number of countries
with puniti...
The Global Commission on HIV & the Law
(1) Laws and Practices that
Effectively Criminalise People Living
With and Vulnerab...
2. Linkages between law, human rights & high impact
programming for HIV and TB
Commission’s Key Messages
1.

Epidemic of bad laws is fueling the spread of HIV, resulting in
human rights violations and ...
An epidemic of bad laws is fueling the spread
of HIV and is costing lives
1. In over 60 countries, it is a
crime to expose...
An epidemic of bad laws is fueling the
spread of HIV and is costing lives
• Laws criminalizing HIV transmission, exposure ...
Bad laws limit the effectiveness and efficiency
of HIV and health investments
•

Criminalisation of same-sex relations is
...
Bad laws limit the effectiveness and
efficiency of HIV and health investments
•

Evidence has shown that Governments
which...
Bad laws limit the effectiveness and
efficiency of HIV and health investments
• Well intentioned “anti-counterfeit” legisl...
Bad laws limit the effectiveness and
efficiency of HIV and health investments
Bad laws limit the effectiveness and
efficiency of HIV and health investments
•

Some countries, completely prohibit ageap...
Good laws and practices that protect human
rights strengthen the AIDS response
.

• Laws against consensual adult sex work...
Good laws and practices that protect human
rights strengthen the AIDS response
3. Synergies between Global Commission on HIV & the
Law and the Global Fund
Synergies between Global Commission on
HIV and the Law and the Global Fund: Why?
• Synergies between Commission follow up ...
Synergies between Global Commission on
HIV and the Law and the Global Fund: Why?
-Can also contribute to other strategic o...
Commission follow up

• Legal environment assessments to inform legislative reform in
51 countries
• Legislative reform – ...
Kenya

Follow up stories – World Map on the Implementation of the
In October 2012, UNDP, in conjunction with the Ministry ...
Key Synergies between Global Commission on
HIV and the Law and the Global Fund
• At the country level:
– Linking country l...
Key Synergies between Global Commission on
HIV and the Law and the Global Fund

At the global level:
– Disseminating UNDP ...
Thank You
www.hivlawcommission.org
Twitter

http://twitter.com/HIVLawCom

Facebook

http://www.facebook.com/HIVLawCommissi...
The Global Commission on HIV and the Law & Global Fund Synergies - September 2013
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The Global Commission on HIV and the Law & Global Fund Synergies - September 2013

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This presentation highlights linkages between law, human rights & high impact programming for HIV and TB

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The Global Commission on HIV and the Law & Global Fund Synergies - September 2013

  1. 1. Risks, Rights & Health Global Fund Secretariat 25 September 2013 Dr Mandeep Dhaliwal & Tenu Avafia HIV, Health And Development Practice United Nations Development Programme
  2. 2. Outline • Introduction to the Global Commission on HIV and the Law • Linkages between law, human rights and high impact programming • Synergies between Commission follow up and the Global Fund
  3. 3. 1. Introduction to The Global Commission on HIV & the Law
  4. 4. The Role of the Law in the AIDS Response
  5. 5. Introduction to The Global Commission on HIV & the Law • UNAIDS target: by 2015, halve the number of countries with punitive laws and practices around HIV transmission, sex work, drug use or homosexuality. Create legal environments that advance and safeguard dignity, health and justice in the context of HIV • To develop actionable, evidence based recommendations for effective AIDS responses that mitigate the impact of HIV and promote and protect the human rights of people living with and most vulnerable to HIV
  6. 6. The Global Commission on HIV & the Law (1) Laws and Practices that Effectively Criminalise People Living With and Vulnerable to HIV (2) Laws and Practices that Mitigate or Sustain Violence and Discrimination as Lived by Women (3) Issues of Law and HIV pertaining to children (4) Laws and Practices that Facilitate or Impede HIV-related Treatment Access
  7. 7. 2. Linkages between law, human rights & high impact programming for HIV and TB
  8. 8. Commission’s Key Messages 1. Epidemic of bad laws is fueling the spread of HIV, resulting in human rights violations and costing lives. 2. Epidemic of bad laws is wasting money & limiting effectiveness and efficiency of HIV and health investments. 3. Good laws and practices that protect human rights and build on public health evidence already exist - they strengthen the global AIDS response, and they must be replicated. 4. Scientific tools alone are not sufficient to halt and reverse AIDS. Enabling legal environments are essential to a successful AIDS responses
  9. 9. An epidemic of bad laws is fueling the spread of HIV and is costing lives 1. In over 60 countries, it is a crime to expose another person to HIV or to transmit it, especially through sex. 2. Worldwide, countries and jurisdictions have promulgated HIV-specific criminal laws:  34 States & territories in the USA  27 countries in Africa following the N'Djamena Model Law (2005)  13 countries in Asia-Pacific  11 countries in Latin America  9 countries in Europe
  10. 10. An epidemic of bad laws is fueling the spread of HIV and is costing lives • Laws criminalizing HIV transmission, exposure & non-disclosure are often:   Over-broad and vaguely worded; disproportionately applied against people at greater risk (migrants, sex workers, transgender people, injecting drug users, men who have sex with men);and Applied regardless of age, level of education, personal circumstances & relevant factors • Criminalization of HIV transmission reinforces stigma and discrimination against people living with HIV:  People are discouraged from getting tested or treated, in fear of being prosecuted for passing HIV to lovers or children  Undermines the trust between health professionals, service providers and their patients
  11. 11. Bad laws limit the effectiveness and efficiency of HIV and health investments • Criminalisation of same-sex relations is widespread • Punitive laws against homosexual behavior are impeding and undermining HIV prevention efforts for MSM • Decriminalization is necessary, but not sufficient on its own – efforts are also required to reduce associated stigma, discrimination and violence • Resources spent on prosecutions could be better spent providing access to health services
  12. 12. Bad laws limit the effectiveness and efficiency of HIV and health investments • Evidence has shown that Governments which have provided comprehensive harm reduction services have significantly reduced HIV infections in people who use drugs • Although UN conventions, which aim to curb drug trafficking, allow for treatment, rehabilitation and social reintegration, the approach to people who use drugs has been predominantly repressive • “War on drugs” actually a war on people who use drugs and has negative consequences for HIV
  13. 13. Bad laws limit the effectiveness and efficiency of HIV and health investments • Well intentioned “anti-counterfeit” legislation that aims to outlaw substandard medicines can have the unintended consequence of threatening the supply of generic medicines – Definition of ‘counterfeit’ conflates substandard medicines with generic medicines – Example of proposed legislation in East African Community, in which 4 of 5 member countries are classified as LDCs • Customary laws which disempower women increase their vulnerability to HIV – Early marriage – Inheritance – Legal definitions of sex crimes may preclude prosecuting some coerced acts (i.e. marital rape).
  14. 14. Bad laws limit the effectiveness and efficiency of HIV and health investments
  15. 15. Bad laws limit the effectiveness and efficiency of HIV and health investments • Some countries, completely prohibit ageappropriate sexual health education in schools while in others, laws impose ‘abstinence-only’ education • Some countries have established different legal ages for consent to sex and for autonomous access to sexual and reproductive health services • Enact laws which ensure that the right of every child, to have access to age appropriate comprehensive sexual health education to enable them to protect themselves and others from HIV and to live positively with HIV. • Reform laws to ensure that the age of consent for autonomous access to HIV and sexual and reproductive health services is equal to or lower than the age of consent for sexual relations
  16. 16. Good laws and practices that protect human rights strengthen the AIDS response . • Laws against consensual adult sex work undermined HIV prevention, allowed excessive police harassment and violence and weakened sex workers ability to negotiate safer sex with clients – where punitive approaches have not been used, HIV outcomes for sex workers improved • Sensitization of law enforcement on HIV and the law increases access to services for key populations, impacts on HIV prevalence • Provision of legal aid for marginalised populations also contributes to improving health outcomes • Health care workers should be trained on informed consent, confidentiality and non-discrimination
  17. 17. Good laws and practices that protect human rights strengthen the AIDS response
  18. 18. 3. Synergies between Global Commission on HIV & the Law and the Global Fund
  19. 19. Synergies between Global Commission on HIV and the Law and the Global Fund: Why? • Synergies between Commission follow up & Global Fund supported programmes can contribute to delivering on UNDP’s new Strategic Plan, the UNAIDS Strategy and the Global Fund’s Strategy, Investing for Impact – Strategic Objective 4 (GF Strategy): • promote and protect human rights by integrating human rights considerations throughout the grant cycle; • increase investments in programs that address human rights-related barriers to access; and • ensure that the Global Fund does not support programs that infringe human rights
  20. 20. Synergies between Global Commission on HIV and the Law and the Global Fund: Why? -Can also contribute to other strategic objectives • Impact, value for money and risk • Enhance efficiency and quality • Increase sustainability • Expand partnerships -Support roll out of New Funding Model • By helping to prioritize investments in the “right interventions for the right people in the right place at the right time” in national strategies and concept notes • Encourage investment in high-impact programmes that address human-rights related barriers to access including legal environments*
  21. 21. Commission follow up • Legal environment assessments to inform legislative reform in 51 countries • Legislative reform – e.g.: laws related to key populations • National dialogue & action planning on HIV and the Law in 20 countries • Judicial sensitization • Parliamentarian sensitization • Access to justice – law enforcement, legal services & legal/human rights literacy programs • Knowledge/capacity building products
  22. 22. Kenya Follow up stories – World Map on the Implementation of the In October 2012, UNDP, in conjunction with the Ministry of of the Global Commission Recommendations Malawi State for Special Programmes, UNAIDS, NEPHAK and KELIN held the first national symposium on HIV, Law and Human Rights. The2012, the first ever national conference on HIV and In October symposium highlighted the findings and recommendations of the Commission’s report andto discuss law was held. This was a multi-stakeholder forum innovative Philippines good practice to increase access to justice such as the HIV the report of a participatory national legal environment Equity October 2012, Cebu, a city infindingsof a court andthe assessment, which is based has the the southern part of can On 17 Tribunal. The tribunal on the power and receive evidence, historicCommission’s report. Thefull hearings recommendations hear witness accounts, conduct meeting Philippines, set a of the precedence in the fight for equal Indonesia a communique read by the HIV, human rights and pass judgments on matters relatingin the country with the concluded with rights among marginalized populations to Principal Secretary and discrimination.commitment to act on evidence and deliver affirming of the anti-discrimination ordinance which is closely passage Malawi’s On 3 September 2012, the government of Indonesia took an on human rights commitments by reviewing discriminatory and aligned with to expand access to medicines and help save important step Moldova the Commission’s recommendations. Showing punitive laws and harmful practices as well as to focus on the strong commitment to the principles of HIV/AIDS and hepatitis and improve lives of people living with equality and human protection City Council of Cebu unanimously approved a local rights of people living with HIV. The rights, the of humanIndonesia B. July 2012, a few decree authorizing 13 The President of days cited signed a thethe Commission. launch basis of sexual communique specifically after the work ofof the Global legislation prohibiting discrimination on government use of patents for seven Health convened a town HIV/AIDS and hepatitis Commission’s Report, the Ministry of status (i.e. HIV), among orientation, This measure could health widespread generic medicines. gender identity and lead to hall meeting, together with UNDP,such as Davao City and others. Other local governments, UNAIDS and other partners, competition and generateinternationalsavings in the world's major cost experts to of leading Moldovan also now considering similar discuss how Albay Province, are and antifourth most its implementation promotes an effective one the law and populous country. The decree representsAIDSof discrimination legislation. the most robust uses of public health related TRIPS flexibilities response. The meeting adopted an action plan to ensure that by law works for people affected by HIV. The country thea country since the World Trade Organization 1995 Agreement on Trade-Related to implement the Commission’s announced that it was the firstAspects of Intellectual Property came into force. recommendations. Moldova recently adopted legislative and regulatory amendments for removing HIV as grounds for restricting people’s right to entry and residence, as well as other discriminatory provisions.
  23. 23. Key Synergies between Global Commission on HIV and the Law and the Global Fund • At the country level: – Linking country level Commission follow up activities with concept note development, national strategic plans and periodic reviews • Investment Case • Country Dialogue • Concept Note development • Engaging with CCMs during grant development process and periodic reviews – Technical support on enabling legal environments and critical enablers (human rights, gender and key populations) for interim applicant countries and periodic reviews – ensuring that concept notes and grants include legal services, legal literacy programmes, sensistisation of judiciary, Parliamentarians and law enforcement officials – Coordinated emergency response system to deal with human rights violations – engaging key stakeholders involved in Commission follow up
  24. 24. Key Synergies between Global Commission on HIV and the Law and the Global Fund At the global level: – Disseminating UNDP developed tool to conduct: • Reviews of specific laws • Legal environment assessments aimed at improving enabling legal environments – Documenting and sharing of good practice on enabling legal environments that support high impact programmes – Guidelines on how to use the law to make financing the AIDS response more sustainable – e.g.: enabling legal frameworks, competition law
  25. 25. Thank You www.hivlawcommission.org Twitter http://twitter.com/HIVLawCom Facebook http://www.facebook.com/HIVLawCommission https://undp.unteamworks.org/node/210039
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