Right of everyone to the enjoyment of the highest attainable standard of physical and mental health
In her report to the General Assembly, Dr. Tlaleng Mofokeng, the Special Rapporteur on the right to health, explored the model of harm reduction as applicable to cases of drug use, HIV exposure, transmission and non-disclosure, abortion, same-sex relations, and sex work. She highlighted populations that are often stigmatised, criminalised and discriminated against to the detriment of their enjoyment of human rights and urged States to “divest from punitive approaches, move away from criminalisation and employ regulatory tools to improve health outcomes.”
Decriminalisation and the end of AIDS: keep the promise, follow the science, and fulfill human rights
A statement from the UNAIDS Reference Group on HIV and Human Rights stating that criminal laws violate a variety of human rights, including the rights to the highest attainable standard of physical and mental health, non-discrimination, privacy, autonomy, dignity, freedom of expression, freedom from arbitrary detention, and ultimately the right to life, among others and calls for States to take proactive measures to end such practices and abolish the underlying criminalisation.
Implementing and scaling up programmes to remove human rights related barriers to HIV services
This publication builds on existing global technical guidance in human rights responses, and further advances efforts to support implementers to design and deliver high quality human rights programmes that are well integrated, sustainable, and at scale. The guidance is practical and organised around the Investment Approach to HIV. It helps implementers to understand the programmatic components of evidence-informed and quality interventions to remove barriers to services.
Molecular HIV Surveillance: A global review of human rights implications
Provides a detailed explanation of what MHS is and how it is used across the globe, including how the technology works, where it is being conducted, and by whom. The paper describes growing human rights concerns relating to the use of this technology and goes on to list a number of recommendations for the use of MHS which were gathered from an international literature review and from members of an Expert Advisory Group.
Criminalisation of HIV Non-Disclosure, Exposure and Transmission: Scientific, Medical, Legal and Human Rights Issues
This paper was commissioned by the UNAIDS Secretariat to serve as a background paper for the Expert Meeting on Criminalisation of HIV Non-Disclosure, Exposure and Transmission, 31 August – 2 September 2011, Geneva, Switzerland. It synthesises general considerations concerning issues raised by the application of the criminal law to non-disclosure, exposure or transmission in relation to HIV Scientific, Medical, Legal and Human Rights Issues.
Body Politics: A Primer on Criminalization of Sexuality and Reproduction
Details the major areas of concern and the harm which both direct and indirect criminalization inflict on an individual’s human rights and the health of society as a whole.
Report on the ARASA/OSISA civil society consultative meeting on the criminalization of the wilful transmission of HIV
Outlines discussions at a community consultative meeting on HIV criminalisation attended by members of civil society from a range of countries within the Southern African Development Community (SADC). The meeting considered different perspectives on criminalisation, aiming to reach consensus on what constitutes an appropriate and effective response to harmful HIV-related behaviour.
HIV-specific legislation in sub-Saharan Africa: A comprehensive human rights analysis
Analyses key provisions in HIV-specific laws, outlining both protective and punitive provisions including criminalisation of HIV non-disclosure, exposure and transmission. Argues these provisions are generally overly broad, disregarding the best available recommendations for legislating on HIV; failing the human rights test of necessity, proportionality and reasonableness; consecrating myths and prejudice; and undermining HIV responses.