Guide to an effective human rights response to the HIV epidemic

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Acronyms and abbreviations AIDS APRM ARVs AU CEDAW COMESA CRC DPSP EAC GIPA HIV ICCPR ICESCR IGAD ILO MDGs NEPAD NGOs OHCHR RECs SADC TRIPS UN UNAIDS UNDP WTO Acquired Immunodeficiency Syndrome African Peer Review Mechanism Antiretrovirals African Union Convention on the Elimination of All Forms of Discrimination against Women Common Market for Eastern and Southern Africa Convention on the Rights of the Child Directive Principles of State Policy East African Community Greater Involvement of People Living with HIV Human Immunodeficiency Virus International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights Inter-Governmental Authority on Development International Labour Organisation Millennium Development Goals New Partnership for Africa’s Development Non-governmental Organisations Office of the High Commissioner for Human Rights (UN) Regional Economic Communities Southern African Development Community Agreement on Trade-Related Aspects of Intellectual Property Rights United Nations Joint United Nations Programme on HIV/AIDS United Nations Development Programme World Trade Organisation 4 | Guide to an effective human rights response to the HIV epidemic
Glossary of terms Some important terms used in this Guide are listed and explained below. Declaration – A document that reflects the commitment made by states to address certain issues. A declaration is not legally binding on a state. Accession – When a state that has not signed a treaty expresses its consent to become a party to that treaty. Accession has the same legal effect as ratification. Domestication – The process of transforming or incorporating international laws into national legal systems. Case law – The body of law made by judges through legal decisions, in which legislation has been interpreted. Directive Principles of State Policy (DPSP) – Constitutional guidelines that guide the actions of a government but are not enforceable in a court of law. Compulsory licence – The licence granted when a state forces the holder of a patent to grant use of that patent to the state or to others. Compulsory licensing promotes access to generic medicines through local production by allowing a government agency or a private company to manufacture pharmaceutical products without the patent holder’s consent and usually at a lower cost. Compulsory licensing has been applied to antiretroviral drugs used to treat people living with HIV. Concluding observations – Observations issued by a treaty body after it considers a state’s report. Concluding observations refer both to positive aspects of a state’s implementation of the treaty and areas where the treaty body recommends that a state takes further action. Constitution – An overarching law that defines the fundamental political principles and establishes the structure, procedures, powers and duties of a government. Most national constitutions also guarantee specified human rights. Dualism – A country that is ‘dualist’ is required to adapt national legislation to apply international treaties at the national level. Epidemic – A disease that grows in a human population at a very rapid rate. General comments – A treaty body’s interpretation of human rights provisions, thematic issues, or its methods of work. General comments are often written in an attempt to clarify the reporting duties of state parties regarding certain provisions. They also suggest approaches to implementing treaty provisions. General comments are sometimes, as in the case of CEDAW, called general recommendations. Human rights-based approach – A framework for human development that is based on international human rights standards. It promotes and protects human rights. Individual complaint – A communication sent to a treaty body by an individual who believes that the state has violated his or her rights. Guide to an effective human rights response to the HIV epidemic | 5
Page 1 and 2: Guide to an effective human rights
Page 3 and 4: Table of contents Page 2 Foreword:
Page 5: Southern Africa: These tools provid
Page 9 and 10: A. Introduction to the Guide Sectio
Page 11 and 12: Using the sections of the Guide Par
Page 13 and 14: The following table shows HIV preva
Page 15 and 16: or migrants might not be able to ac
Page 17 and 18: esponsibilities in upholding human
Page 19 and 20: The onus is on all people to take r
Page 21 and 22: y examining state reports and compl
Page 23 and 24: F. The UN human rights system and t
Page 25 and 26: One of the problems of the UN human
Page 27 and 28: An example of state reporting on HI
Page 29 and 30: Table 4: Acceptance of individual c
Page 31 and 32: for international trade negotiation
Page 33 and 34: What can a state do? This section h
Page 35 and 36: Table 5: Status of ratification of
Page 37 and 38: Mauritius, Mozambique, Rwanda, Sout
Page 39 and 40: Checklist: African Union instrument
Page 41 and 42: Libya Egypt Sudan Eritrea Djibouti
Page 43 and 44: Sudan Eritrea Djibouti Ethiopia Uga
Page 45 and 46: Under the dualist theory, the trans
Page 47 and 48: In one case from the region, the sa
Page 49 and 50: For example, in Kenya, the HIV and
Page 51 and 52: Namibia: Married Persons Equality A
Page 53 and 54: other vulnerable groups, such as pe
Page 55 and 56: Checklist: Community sector involve
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stipulates that persons with a CD4
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Regional (AU) Sub-regional (SADC, E
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Annexure: Legislation relevant to H
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Legislation Anti-discrimination, eq
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Guide to an effective human rights response to the HIV epidemic

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