The Need for HIV-Related Legal Frameworks

In adopting the UNGASS Declaration of Commitment on HIV/AIDS and numerous other international commitments on HIV/AIDS (see Unit 3), the heads of State and representatives of Governments from the 189 member states of the UN General Assembly have endorsed the notion that the protection of human rights and gender equality is fundamental to the fight against the pandemic. These governments have also recognized that appropriate legal frameworks are required to ensure effective national responses.

The adoption of laws that incorporate the protection of human rights and gender enables those vulnerable to HIV infection access to prevention mechanisms and allows those living with HIV to live free from stigma and abuse. Yet reform of discriminatory law in many countries is lagging, partly due to the fact that measures such as HIV education and information required to sensitize judges, police officers, policy makers and other officials on the appropriate enforcement of the law is also absent. The result is that human rights abuses and the fear of such abuse and discrimination continue to increase vulnerability to HIV infection.

Although a piece of legislation alone is not adequate to make HIV prevention or treatment happen – only adequate programs and services can – legislation can create an environment to empower people with knowledge, offer legal protection from stigma and discrimination, to enable behavior change, and access to HIV prevention, treatment and care without facing negative consequences.

HIV/AIDS has caused vast inequities and widespread stigmatization in the public health sector, especially among women (see Unit 2). The rights of those effected by HIV/AIDS need to be protected to address public health imperatives. By using law as an instrument of social change and protecting the rights of those infected and vulnerable to HIV/AIDS, an environment can be created whereby stigma, violence, and inequity can be reduced.  This is widely accepted and established via a rights-based approach, which promotes several inter-related rights, including informed consent to testing, the guarantee of confidentiality, non-discrimination, and access to treatment. The rights-based approach necessitates the creation of a legal environment that protects the rights of individuals affected by HIV/AIDS through the enunciation of legislation that guarantees such protection (HIV/AIDS legislation: an opportunity for health care reform, IJME, 2007).