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Human Rights and HIV/AIDS

Sofia Gruskin
“Time to Deliver”
Wednesday August 9 2006
HIVand Human Rights:
Making the Connections
Some HIV/AIDS-Related Rights
• The right to life, survival, and • The right to food
development
• The right to health
• The right to equality and non-
discrimination • The right to housing
• The right to travel • The right to social security
• The right to bodily integrity • The right to be free from
and security of the person torture
• The right to an identity • The right to association
• The right to privacy • The right to the benefits of
• The right to seek, receive and scientific progress
impart information • The right to education

Program on International Health and Human Rights


Harvard School of Public Health
HIV Related Stigma

HIV Related Discrimination

Program on International Health and Human Rights


Harvard School of Public Health
Basic Conceptual Relationships

HIV/AIDS  Human Rights

HIV/AIDS Human Rights

HIV/AIDS Human Rights

Program on International Health and Human Rights


Harvard School of Public Health
Different Approaches To The Work Of
HIV/AIDS and Human Rights
• Advocacy
• Legal Standards and Accountability
• Program design, implementation,
and evaluation [a “rights-based
approach”]
It is always important to be clear how rights language is
being used and for what purpose.
International Human Rights Documents Relevant to
HIV/AIDS
1948 Universal Declaration of Human Rights (UDHR)*
1965 International Convention on the Elimination of All Forms of
Racial Discrimination**
1966 International Covenant on Economic, Social, and Cultural Rights**
1966 International Covenant on Civil and Political Rights**
1979 International Convention on the Elimination of All Forms of
Discrimination Against Women**
1985 Convention Against Torture**
1990 Convention on the Rights of the Child**
2002 International Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families **
* The UDHR is not a legally binding document, but has served as inspiration for,
and incorporated into, all the human rights treaties that have followed.

** Legally binding on nations that have ratified


What human rights are:
definitional precepts
•International human rights law defines what governments can do to us,
cannot do to us, and should do for us.
•Human rights law is meant to be equally applicable to everyone,
everywhere in the world, across all borders and across all cultures and
religions.
•Human rights are universal, interrelated and indivisible.
•Human rights are primarily about the relationship between the people
and the state. International human rights law consists of the obligations
that governments have agreed they have in order to be effective in
promoting and protecting our rights.
•Every government in the world has committed to promoting and
protecting rights in the context of HIV and AIDS.

Program on International Health and Human Rights


Harvard School of Public Health
Different Approaches To The Work Of
HIV/AIDS and Human Rights
• Advocacy
• Legal Standards and Accountability
• Program design, implementation,
and evaluation [a “rights-based
approach”]
It is always important to be clear how rights language is
being used and for what purpose.
A rights-based approach to HIV/AIDS refers
to the processes of:
• Using human rights as a framework for policy and
program development.
• Assessing and addressing the human rights
implications of any HIV/AIDS-related policy,
program or legislation.

• Making human rights an integral dimension of the


design, implementation, monitoring and evaluation of
HIV/AIDS-related policies and programs.

Program on International Health and Human Rights


Harvard School of Public Health
Critical Components of A Rights-
Based Approach to HIV/AIDS
• Attention to the Legal and Policy Context
• Participation
• Non-discrimination
• The Right to Health (availability,
accessibility, acceptability, quality)
• Transparency and Accountability
Declaration of Commitment on HIV/AIDS

• Prevention • Research and Development


• Care, Support and Treatment • HIV/AIDS in Conflict and
Disaster-affected Regions
• HIV/AIDS and Human Rights
• Resources
• Reducing Vulnerability
• Follow up:
• Children Orphaned and Made
Vulnerable by HIV/AIDS - National Level
• Alleviating Social and Economic - Regional Level
Impact
- Global Level

Program on International Health and Human Rights


Harvard School of Public Health
Concluding Points
Human rights are relevant to people infected, affected and
vulnerable to HIV/AIDS.
•The need to promote and protect human rights in the
response to HIV/AIDS has been clearly spelled out in
international sources.
•A rights-based response to HIV and AIDS is the most
effective.
•Many presentations at this conference will raise human
rights concerns. Be on the lookout for how human rights
are considered in the actions being suggested.

Program on International Health and Human Rights


Harvard School of Public Health
Thank You!

Sofia Gruskin
sgruskin@hsph.harvard.edu

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