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Human Rights and HIV/AIDSincrease the possibility of bringing aboutbehaviour change and instilling a sense ofpersonal responsibility through counselling,thus helping retard the spread of thevirus. The integrationist approach,therefore, sought to battle and reducestigma whereas the isolationist approachsought to increase it, thus pushing theepidemic further underground.Initially, the isolationist response,requiring as it did the disclosure of thepositive status of persons in order toprotect the rest of society from the spreadof the epidemic, 6 was felt to be mostappropriate in South Asia. However, thisapproach was given up when it was seento be violating people’s human rights andfuelling stigmatisation. 7 HIV-relateddiscrimination first attracted attention inthe region when India announced thetesting of foreign students, mainly thoseof African origin. 8 This was followed by anannouncement that certain categories oflong-term residents also had to be testedfor HIV. Concerns that foreigners mighttransmit the infection to the localpopulation prompted the preparation ofa draft bill prohibiting marriage betweenforeigners and Indian nationals.Fortunately, the proposed legislation didnot see the light of day.The realisation gradually dawned that theisolation versus integration debate couldnot be perceived as an issue of publicinterest versus individual rights. It cameto be acknowledged that the protectionof the individual was itself in the publicinterest as it increased accessibility toservices and brought the epidemic intothe open. This enabled concerted andeffective public health interventions thatwere ultimately beneficial to societyat large.An outstanding example of a successful,integrationist rights-based approach isthat of the STD/HIV Intervention Project(SHIP) in the red-light area of Sonagachiin the Indian city of Kolkata (See Box 4.1).The empowerment of sex workers in SHIPbrought about significant improvementsin their health as evidenced by a drasticdecline in STD rates and the marginal risein HIV infection.Certain key legal issues arose in the contextof HIV/AIDS, which the human rightsframework had to consider. The threeissues at the core of any response to HIV—consent to testing, non-disclosure of HIVstatus and anti-discrimination–requiredthat policies be informed by threefundamental human rights— those of selfautonomy,confidentiality/privacy andequality.The issue of consent to testing addressedthe question of whether testing should bevoluntary or mandatory. Consent,therefore, dealt with the right to selfautonomy,to decide for oneself what canbe done to one’s own body.The issue of non-disclosure was based onthe right to privacy/confidentiality. It wasalso based on the very pragmaticconsideration that disclosure (since thatmight lead to stigma and discrimination)would make people distrust healthcareand shy away from it, thereby driving theepidemic underground.Anti-discrimination was based on thefundamental right to equality – that HIVpositive status should not preventpersons from accessing services(healthcare, education, employment,insurance, travel etc.) and lead to theirbeing treated unequally from others.These issues also exemplified the famousparadox—that the best way to controlHIV/AIDS is to protect those mostvulnerable and those affected. 9 Help,The isolationistapproach wasgiven up when itwas seen to beviolating people’shuman rights andfuellingstigmatisation.Regional Human Development ReportHIV/AIDS and Development in South Asia 2003 75