HIV/AIDS: Chapter VI, Gaining Ground: A Tool for Reproductive Rights Law Reform

Since the identification of HIV, it has claimed the lives of more than 20 million people, an increasing proportion of which are women. From 41% in 1997, the proportion of women living with HIV has risen to almost 50% in 2002. This increasing proportion of HIV/AIDS cases among women can be attributed to: o o o o physiological susceptibility to the infection gender-based violence early onset of sexual activity early marriage, which is the case with some African countries where adolescent brides are being infected with HIV at a higher rate than their sexually active unmarried counterparts.

The chapter addresses the duty of governments to stem the epidemic as well as their duty to protect the human rights of people living with HIV/AIDS. The article identifies the three components of this duty along with recent national developments reflecting each of these governmental responsibilities. The spread of HIV/AIDS highlights the importance of the right to health and the right to freedom from discrimination. The right to health requires that every person have access to quality health care. This includes: o access to treatment and care for people living with HIV/AIDS. Treatment and testing must be voluntary and carried out with respect for the individuals dignity and autonomy o Access to information and education The right to freedom entails protection from social stigma and discrimination that results in fewer educational economic opportunities for victims of HIV.

From these two rights come the three governmental duties identified by the chapter: 1. Recognition of the right to treatment for HIV/AIDS Though the lack of resources is a problem in the fight against HIV in poor countries, it is possible for governments in these countries to ensure access to drugs for the treatment of HIV/AIDS. One example is Brazil, which adopted legislation (Law 9.313) that guaranteed access to all medication necessary for the treatment of person living with HIV/AIDS. The treatment is free of charge and the law ensures that the treatment shall conform to new scientific developments and availability of new medications in the market. The program is financed from different instrumentalities of the government, from the social security system to federal and local governments. 2. Measures to protect the rights of people living with HIV/AIDS

AIDS-related stigma remains one of the greatest obstacles preventing people living with HIV from enjoying their human rights. The resulting stigma often results in an inability to access education or enter the workforce, forcing people living with HIV to live in extreme poverty and isolation. Governments must therefore make clear through their laws that discrimination against people living HIV will not be tolerated. The Philippines and Namibia, for example, have introduced sweeping legislation prohibiting discrimination in every sector of society against people living with HIV/AIDS. Philippines: AIDS Prevention and Control Act The act, introduced in 1998, guarantees that the government will extend to people living with HIV full protection of his/her human rights and civil liberties. It also prohibits discrimination in all forms against individuals living with or suspected of having HIV. It also prohibits the mandatory testing for HIV as a precondition to employment, admission to educational institutions or any other kind of continued enjoyment of service without written and informed consent of the individual. All discriminatory acts referred to in the law are punishable with imprisonment from 6 months to 4 years and a fine not exceeding 10,000 pesos. The licenses of institutions and establishments found guilty of discrimination will be revoked. Namibia: HIV/AIDS Charter of Rights The charter, adopted in 2000, provides that HIV status cannot be considered a basis for depriving any person of his or her basic human right. The charter prohibits HIV testing as a precondition for access to services and opportunities and calls for public measures to protect persons living with HIV from discrimination. It also guarantees the right to information and treatment for all. The charter also provides the right to confidentiality, requiring health workers to keep all patient records private unless there is consent from the patient to divulge such information. The charter recognizes the vulnerability of women and children to HIV infection and provides for women empowerment and equal access for children as far as information and treatment of AIDS is concerned. 3. Measures to protect against HIV infection Lack of education and cultural norms that dictate a passive role for women in sexual interactions are factors that contribute to the growing incidence of HIV/AIDS among women. Even if there is sexual education, the prevalence of abstinence only programs, where the instruction is confined to teaching only about abstaining from sexual activity, results in the lack of education concerning the use of contraceptives which prevents infection and pregnancy. The abstinence only education is encouraged by the United States, which has earmarked 1/3 of its foreign aid for such programs. Unfortunately, studies show that such programs do not effectively lessen high risk sexual behavior in contrast with comprehensive sexual education programs. India: National AIDS Prevention Policy

India has adopted the National AIDS Prevention Policy in 2002. The law emphasizes education as a key means of prevention. It also recognizes the low status of women and children in their society and therefore provides for the improvement of their health education, legal status, and economic prospects. Aiming to achieve a zero growth rate of new HIV infections by 2007, the legislation also provides for the creation of a socioeconomic environment that helps prevent AIDS, decentralization of the AIDS control program, the availability of safe blood through the promotion of voluntary blood donations, and the promotion of a better understanding of AIDS among sexually active groups.

Conclusion Government response to HIV/AIDS is crucial particularly because it attacks societys most vulnerable members low income women and adolescents. Since existing legislation reflects the commitment of the government in addressing the pandemic, the legal measures ensuring the rights of people living with HIV/AIDS and protecting them from discrimination must be strong and unequivocal since it is a matter of social justice and human rights.