Statement by Bechir N'Daw, Human Rights Adviser on HIV/AIDS at UNDP to the Human Rights Council
Thank you
Mr. President,
I am speaking today on behalf of UNDP and the Secretariat of the UN Joint Programme on HIV/AIDS
(UNAIDS).
UNDP and UNAIDS Secretariat welcome the report of the Secretary-General on the protection of human rights
in the context of HIV/AIDS and would like to warmly thank the countries that have taken the time to feed into.
A
strong response to AIDS requires a strong commitment and leadership. Therefore, human rights and gender equality must be at
the heart of the AIDS response.
A number of countries, today, are in the process of enacting HIV specific laws
with a view to protect the human rights of people living with or affected by HIV. While good intentions are not enough, we
believe that these laws are preparing the ground for negative impacts in the response to AIDS at all levels as they contain
broad provisions criminalizing HIV transmission or exposure. There is no doubt that criminalizing HIV transmission will not
prevent new HIV infections but will undeniably undermine public health efforts on the uptake of HIV testing and access to
HIV prevention, treatment and care services. Ultimately, it will keep away those in need of such services.
Achieving
Universal Access to HIV prevention, care and treatment means meeting the challenges of "Developing and implementing a
package for HIV prevention, treatment and care with the aim of coming as close as possible to the goal of universal access
to treatment by 2010 for all those who need it.
Mr. President, by endorsing the Political Declaration on HIV/AIDS
in 2006, Governments made a strong commitment regarding the introduction of progressive laws which will not only protect the
rights of people living with HIV but also address their needs.
In this context, Mr. President, UNDP and UNAIDS
would like to encourage Governments to introduce and strengthen evidence-informed programmes that will certainly have a positive
impact on reducing HIV transmission and protecting human rights at the same time. Further, particular focus should be given
to the rights protection and promotion of women and girls.
Consequently, Mr. President, the following specific
actions should be taken by governments with a view to:
• Promote an enabling legal and supportive environment
in order to achieve Universal Access by 2010;
• Repeal laws that discriminate and stigmatize people living with HIV
as well as marginalized populations such as women and girls, men who have sex with men, sex workers, people who use drugs,
migrants and people in detention;
• Repeal laws that criminalize them;
• Enact and enforce comprehensive
anti–discrimination laws that protect the rights of people living with HIV and other vulnerable groups, including their right
to freedom of movement.
• Ensure access to essential and affordable HIV medicines and commodities by using the WTO
TRIPS flexibilities.
I thank you Mr. President.
