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Statement to Human Rights Council on the Protection of Human Rights in the Context of HIV/AIDS

Oral Statement on Behalf of Human Rights Watch and the International Harm Reduction Association in Human Rights Council General Debate

Mr. President,

Human Rights Watch and the International Harm Reduction Association commend the Human Rights Council for addressing protection of human rights in the context of HIV/AIDS. We hope that the Council and all observers will work together to take appropriate measures, in accordance with the Council's mandate, to address this global human rights crisis.

We would like to highlight three issues that we believe need greater attention: 

1. HIV testing and counseling.

HIV testing and counseling programs must include safeguards against the risk of human rights violations arising from involuntary testing, breaches of confidentiality, and government failure to provide linkages to other health and social support services. Civil society organizations are essential partners in efforts to expand access to HIV testing and counseling.

2. Access to medicines for pain treatment.

More than 1 million people living with HIV lack access to treatment for moderate to severe pain.  States and relevant international organizations should cooperate to address this problem, and ensure that countries remove unnecessary barriers to pain medicines.

3. Marginalized populations

Marginalized populations often face serious barriers to HIV prevention, treatment, care, and support, increasing their risk of HIV/AIDS and related illnesses.  UNAIDS, UNODC, WHO, and UN treaty bodies and special procedures all acknowledge that human rights abuses against marginalized populations such as drug users, sex workers, prisoners, LGBT people, and migrants impede access to HIV services and recommend specific measures targeted to these groups. Specific concerns relevant to each of these populations must be addressed. For example:

  • ¨ Injection drug users

Outside of sub-Saharan Africa, up to 30% of HIV transmission is associated with injecting drug use. Yet law enforcement activities drive drug users away from lifesaving HIV services.  Drug users in need of HIV treatment face discrimination, denial of services, arbitrary detention, and abuse.

  • ¨ Migrants and mobile populations

Migrants face heightened risk of discrimination and HIV infection, and are commonly denied access to health services. If infected, they face detention and deportation, risking interruption or cessation of treatment.

  • ¨ People in detention

Detention by the state - both in prisons and immigration detention centers -- is a critical risk factor for HIV infection, in part because of poor access to prevention and treatment services.  It also increases exposure to other infectious diseases (such as tuberculosis), which heightens risk of HIV-related morbidity

  • ¨ Lesbian, gay, bisexual, and transgender (LGBT) populations

LGBT people often face institutional discrimination by healthcare professionals, and because some countries do not acknowledge their existence, are denied HIV /AIDS information and services addressing their needs.

Thank you.

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