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Global Commission on HIV and the Law: HIV and the Law: Risks, Rights and Health

July 30, 2012

Global Commission on HIV and the Law: HIV and the Law: Risks, Rights and Health (PDF)
Source: United Nations Programme on HIV/AIDS
From press release (PDF):

Punitive laws and human rights abuses are costing lives, wasting money and stifling the global AIDS response, according to a report by the Global Commission on HIV and the Law, an independent body of global leaders and experts. The Commission report, “HIV and the Law: Risks, Rights and Health,” finds evidence that governments in every region of the world have wasted the potential of legal systems in the fight against HIV. The report also concludes that laws based on evidence and human rights strengthen the global AIDS response – these laws exist and must be brought to scale urgently.

Bad laws should not be allowed to stand in the way of effective HIV responses,” said Helen Clark, United Nations Development Programme Administrator. “In the 2011 Political Declaration on HIV and AIDS, Member States committed to reviewing laws and policies which impede effective HIV responses. One of the key contributions of the Commission’s work has been to stimulate review processes and change in a number of countries.”

The Global Commission on HIV and the Law—comprising former heads of state and leading legal, human rights and HIV experts—based its report on extensive research and first-hand accounts from more than 1,000 people in 140 countries. The Commission, supported by the United Nations Development Programme on behalf of the Joint United Nations Programme on HIV/AIDS, found that punitive laws and discriminatory practices in many countries undermine progress against HIV.

For example, laws and legally condoned customs that fail to protect women and girls from violence deepen gender inequalities and increase their vulnerability to HIV. Some intellectual property laws and policies are not consistent with international human rights law and impede access to lifesaving treatment and prevention. Laws that criminalise and dehumanise populations at highest risk of HIV— including men who have sex with men, sex workers, transgender people and injecting drug users—drive people underground, away from essential health services and heighten their risk of HIV. Laws that criminalise HIV transmission, exposure or non-disclosure of HIV status discourage people from getting tested and treated.

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