Human Rights and HIV

Human Rights and HIV

AIDS activists in Kenya protest against discrimination © Internews Network, Inc.

In many countries the virus often takes hold initially amongst “high risk groups” such as sex workers, men who have sex with men, and injecting drug users. Association of these groups with HIV has aggravated the prejudice that they already experience in both rich and poor countries. Denial of access to prevention and treatment services not only leaves the disease unchecked but offends principles of human rights.

The same applies to those who experience discrimination directly as a result of their HIV positive status; a combination of stigma and ignorance has often resulted in loss of employment and public services.

There has been resistance to the inclusion of human rights language in international HIV and AIDS commitments, However, the 2006 Political Declaration includes a clause in which governments undertake to introduce legislation to ensure "enjoyment of all human rights and fundamental freedoms by people living with HIV".

Subsequent moves to legislate positively to recognise the rights of people living with HIV have been tempered by attempts to punish the rare instance of deliberate infection of a sexual partner. Difficulties of definition have raised concerns that many countries are seeking scapegoats for transmission. UNAIDS has pointed out that association of HIV status with criminal activity will discourage the use of testing facilities.