Table 9: HIV, AIDS and the right to non-discrimination and equality

Table 9: HIV, AIDS and the Right to Non-discrimination and Equality Examples of Human Rights Violations A person is denied work, housing, medicine, or education due to actual or presumed HIV status. A child affected by HIV faces discrimination because of his or her parents’ HIV status. Government-sponsored HIV-prevention materials exclude information targeted at certain minorities such as LGBTI persons, persons with disabilities, or people who use drugs. Discrimination in access…

Table 10: HIV, AIDS and the right to the highest attainable standard of health

Table 10: HIV, AIDS and the Right to the Enjoyment of the Highest Attainable Standard of Health State fails to take progressive steps to ensure access to HIV-prevention information and services (e.g., condoms, sterile syringe programs, or voluntary counseling and testing) or imposes restrictions on such services. State fails to take progressive steps to ensure access to anti-retroviral drugs, treatment for opportunistic infections, opioid pain medications for palliative care, or comprehensive…

Table 11: HIV, AIDS and the rights of women and children

Table 11: HIV, AIDS and the Rights of Women and Children Examples of Human Rights Violations Women are denied access to a full range of health services, including reproductive health care, to prevent and mitigate the impact of HIV for themselves and their children. Children are denied access to comprehensive HIV-prevention services and information. Children orphaned or affected by AIDS are withdrawn from school, denied their inheritance, and forced into hazardous…

Example 1: Litigating for universal access to medicines under the right to health

Example 1: Litigating for Universal Access to Medicines under the Right to Health    Minister of Health v. Treatment Action Campaign 2002 (5) SA 721 (CC) ( S. Afr.).  Project Type: Litigation The Organization  The Treatment Action Campaign (TAC) is a 16,000-member strong civil society organization founded on December 10, 1998 in Cape Town, South Africa. TAC is committed to increasing access to treatment, care and support programs for people living with…

Example 2: Combating legislation criminalizing HIV transmission

Example 2: Combating Legislation Criminalizing HIV Transmission Project Type: Advocacy The Organization Canadian HIV/AIDS Legal Network Toronto, Canada Website:  http://www.aidslaw.ca E-mail:  info@aidslaw.ca The Canadian HIV/AIDS Legal Network is an international organization that promotes the human rights of people living with and vulnerable to HIV through research, analysis, advocacy, litigation, public education, and community mobilization. The Problem A model law on HIV transmission was drafted following a meeting held in N’Djamena, Chad…

Example 3: Documenting effective HIV policies and programs for women and girls

Example 3: Documenting Effective HIV Policies and Programs for Women and Girls  Project Type: Advocacy The Organization What Works for Women & Girls Website:  http://www.whatworksforwomen.org/ What Works for Women & Girls is a comprehensive website documenting the evidence for effective HIV interventions to guide donors, policymakers, and program managers in planning effective HIV policies and programs for women and girls. The resource spans nearly 3,000 reports and articles with more than…

Example 4: Using litigation to protect HIV-positive women from coerced sterilization

Example 4: Using Litigation to Protect HIV-positive Women from Coerced Sterilization    Project Type: Litigation —                                                                                                              …

Example 5: Using medical-legal partnerships to promote the rights of people living with HIV

Example 5: Using Medical-Legal Partnerships to Promote the Rights of People Living with HIV   Project Type: Advocacy The Organizations Legal Aid Center of Eldoret (LACE) Eldoret, Kenya E-mail:  info@lacelaw.org Website:  www.lacelaw.org Christian Health Association of Kenya (CHAK) Nairobi, Kenya Website:  www.chak.or.ke  The Legal Aid Centre of Eldoret (LACE) and the Christian Health Association of Kenya (CHAK) are closely related in purpose and organization. Founded in 2008 by Kenyan attorneys and judges, LACE…

Example 6: Using constitutional rights to equal protection to fight against employment discrimination of those living with HIV

Example 6: Using constitutional rights to equal protection to fight against employment discrimination of those living with HIV Project Type: Litigation India: MX v. ZY, AIR 1997 Bom 406 (High Court of Judicature, 1997).  South Africa: Hoffman v. South African Airways, Constitutional Court of South Africa, Case CCT 17/00 (2000); 2001 (1) SA 1 (CC); 2000 (11) BCLR 1235 (CC). The Organization These two separate cases are both examples of individuals…

Example 7: Now More than Ever Campaign

Example 7: Now More than Ever Campaign  Project Type: Advocacy Human Rights and HIV: Now More Than Ever Website:  http://www.hivhumanrightsnow.org/ The Organization  The Now More than Ever Campaign represents hundreds of AIDS activists worldwide who believe that human rights should at the center of the response to HIV. It is their belief that if governments and organizations base their efforts upon human rights, the response will be more inclusive and effective.…