Suggested tool to assist UNAIDS Country Offices to choose which major issues to take forward under this Priority

Action Area

UNAIDS OUTCOME FRAMEWORK Removing punitive laws, practices, stigma and discrimination

COUNTRY:

Step 1: It is suggested that UCOs engage with Co-sponsors, NGOs, faith leaders, women, young people, people living with HIV and members of key populations in order to make an initial assessment of key issues using this questionnaire (e.g. one day or half-day meeting of key respondents). Step 2: UCOs, with partners, should identify those issues that pose the greatest obstacles to universal access and to the human rights of those affected and devise strategies for addressing those issues. That is, if an issue is not having a serious negative impact on universal access or on human rights (such as a punitive law that is not enforced and is not contributing to stigma and discrimination against a key population), then it should not be a priority for response under this area of the Outcome Framework. Step 3: If possible, after consultations, circle answer or otherwise fill in form and send to S. Timberlake, timberlakes@unaids.org, with copy to relevant Regional support Advisor, RST focal point

(A) Law (Formal and Traditional) Are there:

L E G A L E N V I R O N M E N T (B) Law Enforcement (C) Access to Justice

2. Are the laws cited in the previous question being enforced? YES/NO 3. If yes, indicate their number: 4. Are any key populations being harassed, arrested, jailed, prosecuted, raped, murdered? YES/NO 5. If yes, which populations? people living with HIV / people who use drugs / men who have sex with men / sex workers / women 6. Are any other key populations being prosecuted with a negative effect on the HIV response? YES/NO 7. If yes, which populations? migrants / ethnic minorities / refugees / orphans / street children 8. Has violence against women been shown to increase vulnerability to HIV infection in country? YES/NO 9. Do police take protective, appropriate action in cases of domestic violence and violence against women? YES/NO 10. Are there sufficient programmes to sensitise/educate police on HIV-related 11. Is civil society strong on knowledge of legal rights? YES/NO 12.If yes, which populations are strong? people living with HIV / women / children / men who have sex with men / people who use drugs / sex workers / migrants / refugees / people with TB 13. Do following populations understand links between law and HIV? i. faith leaders YES/NO ii. judges YES/NO iii. police YES/NO iv. parliamentarians YES/NO 14. Is there a functioning redress system for complaints related to HIV? YES/NO 15. Are people living with HIV advocating for their legal rights? YES/NO 16. Are key populations

(D) Stigma and Discrimination

21. Is there stigma, discrimination against key populations? YES/NO 22. If yes, which ones? people living with HIV / men who have sex with men / people who use drugs / sex workers / migrants /refugees / people with TB 23. Has stigma/discrimination been measured in the last three years? YES/NO 24. Has the PLHIV Stigma Index been implemented? YES/NO 25. Have sufficient programmes to reduce stigma/ discrimination been implemented in/for: i. healthcare settings? YES/NO ii. law enforcement? YES/NO iii. schools? YES/NO iv. workplaces? YES/NO
UNAIDS Secretariat, Geneva |

i. Protective laws for PLHIV? YES/NO ii.Broad laws that criminalise HIV transmission? YES/NO iii. Laws that criminalise sex workers/clients? YES/NO iv. Laws that criminalise or forcibly treat people who use drugs? YES/NO v.Laws that require isolation without review of people with TB? YES/NO vi. Laws that criminalize same sex sexual behaviour? YES/NO vii. Laws/policies preventing sexual education? YES/NO viii.Laws/policies that deny harm reduction? YES/NO

LONG VERSION | working draft | 27 May 2009 Human Rights and Law

ix. IP laws that deny access to generic drugs? YES/NO x.Traditional/religious laws that block effective responses? YES/NO 1. Are there sufficient programmes to improve laws/engage parliaments? YES/NO

human rights issues? YES/NO

advocating for their legal rights? YES/NO 17. Is legal aid accessible to most people living with/affected by HIV? YES/NO 18. Is legal aid accessible to members of key populations? YES/NO 19. Are there sufficient know your rights/laws programmes for civil society? YES/NO

v. society at large? 26. Have major public figures declared their positive HIV status? YES/NO 27. Is there public political dialogue about the HIV epidemic? YES/NO

(E) HIV-related Restrictions on Entry, Stay and Residence

28. Are there laws, policies or practices that restrict entry, stay or residence based on HIV status? YES/NO 29. If there are such restrictions, are there national efforts to overturn them? YES/NO 30. Are migrants (documented or undocumented) able to access the same prevention, treatment, care and support as citizens? YES/NO 31. Are there programmes to provide HIV information/services to citizens prior to migration and upon return? YES/NO 32. Where there are restrictions, does the Government know of the decisions of the Boards of the Global Fund and UNAIDS? YES/NO
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(F) Gender Inequality/Harmful Norms

33. Do women have equal property, ownership and inheritance rights under formal law? YES/NO 34. If yes, are their rights enforced? YES/NO 35. Is loss of custody of children on death of husband a problem? YES/NO 36. Do women have equal access to employment? YES/NO 37. Do women have equal access to HIV treatment? YES/NO 38. Do women bear the primary burden of care for people living with HIV? YES/NO 39. Do they receive adequate government support for this role? YES/NO 40. Are pregnant positive women being forcibly sterilized or subject to abortion? YES/NO 41. Is there widespread: (i) Engagement in commercial sex? YES/NO (ii) Early marriage? YES/NO (iii) Widow inheritance/cleansing? YES/NO (iv) Dowry or bride price? YES/NO (v) Multiple concurrent partnerships? YES/NO (vi) Violence against men who have sex with

(G) HIV Testing and Counselling

43. Is there an official 48. Is the UN policy or widespread practice providing sufficient and of mandatory testing for: effective advocacy and (i) Pregnant women YES/NO support on human rights and (ii) Before marriage YES/NO the law in the HIV response? (iii) Those in military YES/NO YES/NO (iv) Police YES/NO 49. Is there sufficient (v) Those undergoing surgery financial support YES/NO (international/domestic) for (vi) Health care workers programmes to increase YES/NO access to justice and reduce (vii) Sex workers YES/NO discrimination?1 YES/NO (viii) Men who have sex with 50. Is there sufficient men YES/NO technical support for (ix) People who use drugs programmes to increase (x) Those with TB YES/NO access to justice and reduce discrimination? YES/NO 44. Does such testing act as a disincentive to get 51. Have the tested for those affected? following groups been YES/NO trained on human rightsbased approaches to HIV: 45. Does testing actually link those in need to i. UN Country Team/Joint treatment? YES/NO Team on AIDS? YES/NO 46. Do minors have ii. Country Coordinating independent access to testing, Mechanism? YES/NO counselling and treatment? iii. National AIDS YES/NO Programme? YES/NO

(H) Leadership, Technical Assistance and Financing

Such programmes include: programmes to measure/reduce stigma and discrimination; programmes to sensitise police to non-discrimination, non-violence, protection; programmes to train healthcare workers in non-discrimination, confidentiality, informed consent; know your rights/laws programmes for civil society and affected populations; programmes to monitor/improve laws, sensitise parliamentarians; legal services programmes; programmes to transform harmful gender norms and address violence against women.

LONG VERSION | working draft | 27 May 2009 Human Rights and Law

UNAIDS Secretariat, Geneva |

men, transsexuals and/or transgender people? YES/NO (vii) Female genital mutilation? YES/NO 42. Are there sufficient programmes to change harmful gender norms? YES/NO

47. Have there been programmes to train health care workers in informed consent, confidentiality and non-discrimination? YES/NO

iv. v.

Civil society groups, including people living with HIV? YES/NO Faith leaders? YES/NO

PRIORITY ISSUES RELATING TO PUNITIVE LAWS, STIGMA AND DISCRIMINATION - After completing the assessment above, please identify the three issues that pose the greatest obstacles to universal access and to the human rights of those affected in the national response to HIV. Thank you. 1. 2. 3.

LONG VERSION | working draft | 27 May 2009 Human Rights and Law

UNAIDS Secretariat, Geneva |