How are HIV and AIDS a human rights issue?

How are HIV and AIDS a human rights issue? What are HIV and AIDS? What do the acronyms HIV and AIDS stand for?1 “HIV” stands for human immunodeficiency virus, which is a virus that affects the human immune system. It results in a deterioration of the immune system, causing an individual to become more vulnerable to other infections. “AIDS” stands for acquired immunodeficiency syndrome, which is an advanced stage of HIV…

HIV, AIDS International and Regional Instruments

Table A: International Human Rights Instruments and Protected Rights and Fundamental Freedoms UDHR ICCPR ICESCR CEDAW ICERD CRC Life Art. 3 Art. 6(1) Art. 6(1) Torture or Cruel, Inhuman or Degrading Treatment* Art. 5 Art. 7 Art. 37(a) Liberty and Security of Person Art. 3 Art. 9(1) Art. 5(b) Enjoy and Seek Asylum Art. 14 Privacy Art. 12 Art. 17 Art. 16 Expression and Information Art. 19 Art. 19(2) Art.…

Table 1: HIV, AIDS and the right to life

Table 1: HIV, AIDS and the Right to Life Examples of Human Rights Violations Police fail to investigate the murder of a person living with HIV. Government places unjustified legal restrictions on access to life-saving HIV-prevention or treatment measures. Government imposes a death sentence for intentional transmission of HIV. Woman is denied access to post-exposure prophylaxis to prevent HIV following rape. Human Rights Standards Treaty Body Interpretation ICCPR 6(1) Every…

Table 2: HIV, AIDS and freedom from torture and cruel, inhuman, and degrading treatment, including in prison

Table 2: HIV, AIDS and Freedom from Torture and Cruel, Inhuman, and Degrading Treatment, including in prison Examples of Human Rights Violations Outreach workers conducting HIV prevention with MSM are detained and beaten by police. An activist is detained and tortured for exposing State complicity in a HIV blood scandal. Prisoners are denied HIV-related information, education, means of prevention (e.g., condoms, sterile injection equipment, and bleach) and HIV testing/treatment. Authorities…

Table 3: HIV, AIDS and the right to liberty and security of the person

Table 3: HIV, AIDS and the Right to Liberty and Security of the Person Examples of Human Rights Violations Government quarantines people living with HIV or detains them in special colonies. Penal code imposes explicit prison term for intentional transmission of HIV. Government requires HIV testing either for all individuals or as a condition of employment, immigration or military service. Human Rights Standards Treaty Body Interpretation ICCPR 9: Everyone has…

Table 4: HIV, AIDS and the right to seek and enjoy asylum

Table 4: HIV, AIDS and the Right to Seek and Enjoy Asylum Examples of Human Rights Violations A State returns an asylum-seeker to a country where she or he faces persecution on the basis of HIV status or HIV activism. A State excludes persons living with HIV from being granted asylum, or discriminates on the basis of HIV status in the context of travel regulations, entry requirements or immigration and…

Table 5: HIV, AIDS and the right to privacy

Table 5: HIV, AIDS and the Right to Privacy Examples of Human Rights Violations A person is tested for HIV without his or her consent. A hospital or health care worker fails to maintain confidentiality of a patient’s HIV status or medical records. Government requires registration by name of all people living with HIV. Government requires disclosure of HIV status on certain forms such as sick-leave certificates, job applications, and…

Table 6: HIV, AIDS and freedom of expression and information

Table 6: HIV, AIDS and Freedom of Expression and Information Government censors HIV-prevention information directed at LGBTI persons, sex workers, or people who use drugs on the grounds that it is obscene or promotes criminalized behavior. Schools deny young people information about HIV and AIDS, safer sex, sexuality, or condoms. Media reporting on HIV engages in stigma and stereotyping rather than providing factual information. Government restricts a newspaper, website, or other…

Table 7: HIV, AIDS and freedom of assembly and association

Table 7: HIV, AIDS and Freedom of Assembly and Association Examples of Human Rights Violations State restricts formation of nongovernmental, community-based, or service organizations working on HIV and AIDS or imposes prohibitive bureaucratic requirements. Police disperse a peaceful and authorized demonstration by AIDS activists. Other Interpretations  Charter of Fundamental Rights of the European Union Art. 12(1): Everyone has the right to freedom of peaceful assembly and to freedom of association at…

Table 8: HIV, AIDS and the right to marry and found a family

Table 8: HIV, AIDS and the Right to Marry and Found a Family Examples of Human Rights Violations State requires HIV testing or proof of HIV-negative status as a condition of marriage. State forces woman living with HIV to undergo abortion or sterilization, rather than providing her with information and services to prevent mother-to-child transmission of HIV. Women are denied equal rights in marriage, divorce, or within families, thus decreasing their…