Download Report - UNDP Asia-Pacific Regional Centre - United ...

Human Rights and HIV/AIDSTable 4.2Important human and legal rights and their implementationPopulation cohortsPeople Living with HIV/AIDS (PLWHA)l The right to life–treatment andhealthcare, employment, confidentialityand privacy, protectionfrom violence, form groups andassociationsl The right to equality and nondiscrimination–inhealthcare,employment, insurance, travel andmovement, services, marriage andfamilyl The right to information–ontreatment, safer sex options, harmreduction methodsl The right to privacy andconfidentiality–in healthcare,employment, legal/ judicial systemsl The right to bodily integrity andautonomy–consent in treatmentand testingl The right to health–access to thebest available medication ataffordable pricesl The right to reproductive choicesand decision making–continuing orterminating pregnancy, decisionabout fertility (in the context ofsterilisation that HIV-positivewomen are subjected to withoutconsent)Human rightsOverview of laws and their implementation in South AsiaThere are no specific legislation in the region either protecting orinfringing upon the rights of PLWHA. However, many constitutionsprovide certain fundamental rights including the right to equalityand non-discrimination, right to life and liberty as well as privacy, 37which are pertinent in the context of HIV/AIDS. Though there islack of protective legislation, many national strategies state thatPLWHA are entitled to fundamental human rights and freedom,including the right to confidentiality as part of the right to privacy.In Nepal this right is considered inviolable except as provided bylaw. 38 Public health institutions in some countries are obligated notto discriminate between patients on the basis of HIV status and toprovide treatment for opportunistic infections. Despite suchguarantees, discrimination of PLWHA in healthcare settings is notan uncommon experience. Breach of confidentiality about HIV statusis another significant issue in the context of healthcare settings.Inability to access services due to fear of stigma and discriminationis a significant concern for PLWHA in this regard. There are severalexamples in the region of people having lost their jobs because theytested HIV positive In Maldives, administrative measures sayingthat there should be no discrimination against PLWHA with regardto employment applies only to those in civil service and governmentownedcompanies. 39 PLWHA are also systematically deniedinsurance, as insurance schemes in general exclude liability for HIVrelatedexpenses.Injecting drug usersl The right to life–civil rights againstarbitrary arrest and harassment bylaw enforcement and others,reintegration/rehabilitationl The right to health–information,treatment, non-discrimination inhealthcare, access to harmreduction strategies (clean needles,syringes and paraphernalia)Overview of laws and their implementation in South AsiaVarious drugs such as opium and cannabis have traditionally beeneaten, drunk or smoked in most countries of the region. 40 ollowingthe introduction of heroin, however, injecting drug use is nowcommon. The prevalence of injecting drug use varies considerablywithin and between countries, from very low levels estimated inAfghanistan to up to 93 per cent in some places in Bangladesh.Most of the South Asian countries are signatories to the Conventionagainst Illicit Traffic in Narcotic Drugs and Psychotropic Substances,1988 and the Single Convention on Narcotic Drugs, 1961. There isalso a SAARC Convention on Narcotic Drugs and PsychotropicSubstancesRegional Human Development ReportHIV/AIDS and Development in South Asia 2003 89