people will not seek HIV-related counselling

One aspect of the interdependence of human rights and public health is demonstrated by studies showing that HIV prevention and care programmes with coercive or punitive features result in reduced participation and increased alienation of those at risk of infection।35 In particular, people will not seek HIV-related counselling, testing, treatment and support if this would mean facing discrimination, lack of confidentiality and other negative consequences। Therefore, it is evident that coercive public health measures drive away the people most in need of such services and fail to achieve their public health goals of prevention through behavioural change, care and health supportAnother aspect of the linkage between the protection of human rights and effective HIV programmes is apparent in the fact that the incidence or spread of HIV is disproportionately high among some populations। Depending on the nature of the epidemic and the legal, social and economic conditions in each country, groups that may be disproportionately affected include women, children, those living in poverty, minorities, indigenous people, migrants, refugees and internally displaced persons, people with disabilities, prisoners, sex workers, men having sex with men and injecting drug users-that is to say groups who already suffer from a lack of human rights protection and from discrimination and/or are marginalized by their legal status। Lack of human rights protection disempowers these groups to avoid infection and to cope with HIV, if affected by it।with HIV in all its aspects, is a main feature of successful HIV programmes। Another essential component of comprehensive response is the facilitation and creation of a supportive legal and ethical environment which is protective of human rights। This requires measures to ensure that Governments, communities and individuals respect human rights and human dignity and act in a spirit of tolerance, compassion and solidarityOne essential lesson learned from the HIV epidemic is that universally recognized human rights standards should guide policymakers in formulating the direction and content of HIV-related policy and form an integral part of all aspects of national and local responses to HIV.A human rights approach to HIV is, therefore, based on these State obligations with regard to human rights protection. HIV demonstrates the indivisibility of human rights since the realization of economic, social and cultural rights, as well ascivil and political rights, is essential to an effective response. Furthermore, a rights-based approach to HIV is grounded in concepts of human dignity and equality which can be found in all cultures and traditions.
The key human rights principles which are essential to effective State responses to HIV are to be found in existing international instruments, such as the Universal Declaration of Human Rights, the International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of the Child. Regional instruments, namely the American Convention on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the African Charter on Human and Peoples’ Rights also enshrine State obligations applicable to HIV. In addition, a number of conventions and recommendations of the International Labour Organization are particularly relevant to the problem of HIV, such as ILO instruments concerning discrimination in employment and occupation, termination of employment, protection of workers’ privacy, and safety and health at work. Among the human rights principles relevant to HIV/AIDS are, inter alia: The right to non-discrimination, equal protection and equality before the law; The right to life; The right to the highest attainable standard of physical and mental health;