Guide to an effective human rights response to the HIV epidemic

governments are duty-bearers. It is often the case
that duty-bearers do not have the capacity to uphold
the rights of the rights-holders. An essential
component of the human rights-based approach is
focused on building the capacity – whether human,
financial or other – of duty-bearers so that they are
• Protect means that states should prevent violations
of rights by non-state actors.
• Fulfil means that states should take all appropriate
measures towards realising rights, such
as the allocation of resources.
• Promote means that states should raise awareness
of rights.
able to protect and promote the rights of the people
they serve.
The language of human rights extends beyond
the courts. Human rights provide moral authority
A human rights-based approach converts needs into
justiciable rights. A right is justiciable if it can be
presented to and resolved by a court of law, rather
than by way of an administrative process. If the
court finds that such a right has been violated, it can
order a remedy for the violation. Justiciable human
that may be used in many ways, such as to lobby for
reform or to mobilise and strengthen social movements.
The human rights-based approach can also
be used to monitor progress and assist governments
to achieve their own goals with respect to
development.
rights may be found in a constitution or in national
The human rights-based
approach and vulnerable
groups
legislation. Thus, the rights-driven approach creates
obligations that are enforceable and people can be
held accountable for non-performance. For this reason,
a rights-based approach is desirable when dealing
with HIV-related human rights violations.
Human rights principles play an important role in
A human rights-based approach:
• changes needs into rights;
• changes policies into legislation; and
• changes informal discretion into accountability.
responding to HIV and AIDS. Respect for human
rights helps prevent HIV infection, reduce the impact
of HIV and AIDS and break the cycle of vulnerability.
Under the human rights-based approach, states
have four main obligations – to respect, protect,
fulfil and promote human rights:
The human rights-based framework attempts to
protect all people, with an additional focus on those
who need special attention, such as children, women
and other vulnerable groups. It attempts to create
• Respect means that states should refrain from
violations of rights.
an environment conducive for everyone to come
forward without fear of dicrimination.
16 | Guide to an effective human rights response to the HIV epidemic