Background
“The most important public health lesson emerging from the HIV epidemic is that respecting and protecting the rights of those already exposed to HIV and those most at risk is the most effective way to curb the rapid spread of the epidemic.”
Justice Michael Kirby, Australia
The HIV epidemic has significant social, economic, legal and human rights dimensions. It has highlighted the inequalities, widespread stigma and discrimination and denial of fundamental human rights that exist in all societies. The link between HIV, law and human rights is twofold. First, HIV has become a ground for denying people their rights. People living with HIV frequently face denial, discrimination and rights violations in public and private institutions – health care settings, employment, educational institutions, family and community, on the sole ground of their HIV status. Secondly, it is the denial of human rights that makes certain populations more vulnerable to HIV than others. Specifically, groups and sub-populations that experience disempowerment and marginalisation because they are dispossessed of rights or are unable to exercise them are vulnerable to contracting HIV.
The public health lesson that has emerged from the HIV epidemic is that protecting rights of those affected by HIV is the best way of preventing the spread of HIV. This lesson translates into programmes and services that are voluntary, confidential and non-discriminatory in nature, in other words, a programme which respects the rights of people. This is known as the rights based approach. The rationale behind the approach is that HIV prevention, care and treatment will be accessed only if the individual is assured of the right to autonomy and consent, privacy and confidentiality, equality and non-discrimination.
The Unit’s aim of crafting a just, rational and non-discriminatory response toHIV is sought to be furthered by policy level advocacy and research, legal-aid services to people living with HIV and public interest litigation on issues pertaining to HIV. The Unit works on a number of issues, including, rights to informed consent, privacy and confidentiality; access to quality treatment, healthcare services and safe blood supply; access to HIV related information and education; issues faced by women; quacks; and non-discrimination in employment, housing and
