HRBA Portal

• International Guidelines on HIV/AIDS and Human Rights
• Declaration of Commitment on HIV/AIDS
  
• UNAIDS Global Reference Group on HIV/AIDS & Human Rights
  
• WHO Page on Rights-Based Approach to HIV/AIDS
  
• Human Rights and HIV: Advocacy Tools (UNDP)

Relevant International Standards

Where individuals and communities are able to realize their rights – to education, free association, information and, most importantly, non-discrimination – the personal and societal impacts of HIV and AIDS are reduced. Where an open and supportive environment exists for those infected with HIV; where they are protected from discrimination, treated with dignity, and provided with access to treatment, care and support; and where AIDS is de-stigmatized; individuals are more likely to seek testing in order to know their status. In turn, those people who are HIV positive may deal with their status more effectively, by seeking and receiving treatment and psychosocial support, and by taking measures to prevent transmission to others, thus reducing the impact of HIV/AIDS on themselves and on others in society.

The protection and promotion of human rights are therefore essential in preventing the spread of HIV and to mitigating the social and economic impact of the pandemic. The reasons for this are threefold. First the promotion and protection of human rights reduces vulnerability to HIV infection by addressing its root causes. The adverse impact on those infected and affected by HIV is lessened. Third individuals and communities have greater ability to respond to the pandemic. An effective international response to the pandemic therefore must be grounded in respect for all civil, cultural, economic, political, economic and social rights and the right to development, in accordance with international human rights standards, norms and principles.

States’ obligations to promote and protect HIV/AIDS-related human rights are defined in existing international treaties. HIV/AIDS-related human rights include the right to life; the right to liberty and security of the person; the right to the highest attainable standard of mental and physical health; the right to non-discrimination, equal protection and equality before the law; the right to freedom of movement; the right to seek and enjoy asylum; the right to privacy; the right to freedom of expression and opinion and the right to freely receive and impart information; the right to freedom of association; the right to marry and found a family; the right to work; the right to equal access to education; the right to an adequate standard of living; the right to social security, assistance and welfare; the right to share in scientific advancement and its benefits; the right to participate in public and cultural life; and the right to be free from torture and other cruel, inhuman or degrading treatment or punishment.

The United Nations human rights instruments and mechanisms provide the normative legal framework as well as the necessary tools for ensuring the implementation of HIV-related rights. Through their consideration of States reports, concluding observations and recommendations, and general comments, the UN treaty monitoring bodies provide States with direction and assistance in the implementation of HIV-related rights. The Special Procedures of the Human Rights Council, including special representatives, thematic and country rapporteurs, and working groups also are in a position to monitor respect for HIV-related rights.  The Human Rights Council also requests the Secretary-General to solicit comments from Governments, United Nations bodies, programmes and specialized agencies and international and NGOs on steps they have taken to promote and implement, where applicable, programmes to address the urgent HIV-related human rights of women, children and vulnerable groups in the context of prevention, care and access to treatment.  See:

• Human Rights Council Resolution on access to medication in pandemics
• Human Rights Council Resolution on the protection of human rights in the context of HIV and AIDS
• General Comment No. 3 of the Committee on the Rights of the Child on HIV/AIDS and the Rights of the Child

The International Guidelines on HIV/AIDS and Human Rights

OHCHR and UNAIDS published the International Guidelines on HIV/AIDS and Human Rights in 1998 as a tool for States in designing, co-ordinating and implementing effective national HIV/AIDS policies and strategies. The Guidelines were drafted by experts at an international consultation in 1996 and provide the framework for a rights-based response to the HIV/AIDS epidemic by outlining how human rights standards apply in the context of HIV/AIDS and translating them into practical measures that should be undertaken at the national level, based on three broad approaches:

•  improvement of government capacity for multi-sectoral coordination and accountability;

•  reform of laws and legal support services, with a focus on anti- discrimination, protection of public health, and improvement of the status of women, children and marginalised groups; and

•  support and increased private sector and community participation to respond ethically and effectively to HIV/AIDS.

OHCHR encourages governments, national human rights institutions, non-governmental organisations and people living with HIV and AIDS to use the Guidelines for training, policy formulation, advocacy, and the development of legislation on HIV/AIDS-related human rights.

In light of developments in adressing the epidemic, a Third International Consultation in 2002 revised Guideline 6 on access to prevention, treatment, care and support.

A consolidated version of the Guidelines was launched in August 2006 to coincide with the XVIth International AIDS Conference and the tenth anniversary of the Guidelines themselves.  See:   International Guidelines on HIV/AIDS and Human Rights (2006 Consolidated Version)

UN General Assembly Special Session: Declaration of Commitment on HIV/AIDS (2001)

The United Nations General Assembly Special Session on HIV/AIDS (UNGASS) was a landmark in the international community’s fight against the HIV/AIDS pandemic.  The result was the Declaration of Commitment on HIV/AIDS adopted by the Heads of State and government representatives present.  The Declaration states what governments have pledged to do – themselves, in partnership with international and regional organizations, and with civil society – to reverse the HIV/AIDS epidemic. The Declaration of Commitment is not a legally binding document. However, it is a clear statement by governments on what they have agreed to do, often with specific deadlines. As such, the Declaration is a powerful tool with which to guide and secure action, commitment, support and resources for all those fighting the epidemic, both within and outside government.

At the centre of the Declaration of Commitment is respect for human rights in the context of HIV/AIDS. Member States agreed on the need to address HIV/AIDS by strengthening respect for human rights and, in particular, the rights of those most vulnerable to infection, including women and children. The Declaration identifies goals and targets based on human rights law and principles in four areas: prevention of new infections, provision of improved care, support and treatment for those infected with and affected by HIV/AIDS, reduction of vulnerability, and mitigation of the social and economic impact of HIV/AIDS.

Additionally, the UNGASS Declaration of Commitment acknowledges the importance of monitoring and accountability in the context of HIV/AIDS and calls for the strengthening of monitoring mechanisms for HIV/AIDS-related human rights.  View the full text of the UN Declaration on HIV/AIDS and Human Rights

UN General Assembly High Level Meeting on AIDS

In June 2006, the General Assembly held a High Level Meeting on AIDS marking five years since the adoption of the Declaration of Commitment. The High Level Meeting’s purpose was to review progress achieved in realizing the commitments set out in the Declaration of Commitment  and to renew political commitment. The Political Declaration adopted by the General Assembly reaffirms the Declaration of Commitment, and in particular:

• that the full realization of all human rights and fundamental freedoms for all is an essential element in the global response to the HIV/AIDS pandemic.
• that access to medication is one of the fundamental elements to achieve the right to health, and that the WTO TRIPs Agreement does not and should not prevent States from taking measures now and in the future to protect public health.
• the need to intensify efforts to enact, strengthen or enforce, as appropriate, legislation, regulations and other measures to eliminate all forms of discrimination against and to ensure the full enjoyment of all human rights and fundamental freedoms by people living with HIV and members of vulnerable
• The need to eliminate gender inequalities, gender-based abuse and violence; increase the capacity of women and adolescent girls to protect themselves from the risk of HIV infection, including by ensuring that women can exercise their right to have control over, and decide freely and responsibly on, matters related to their sexuality in order to increase their ability to protect themselves from HIV infection, including their sexual and reproductive health.

Member States also undertook a commitment to pursue the goal of universal access to comprehensive prevention programmes, treatment, care and support by 2010. All countries must set thus set national targets for 2010 with interim targets in 2008. This commitment builds on the WHO and UNAIDS Three by Five Initiative.