the observance of human rights, including HIV

Since laws regulate conduct between the State and the individual and between individuals, they provide an essential framework for the observance of human rights, including HIV-related human rights. The efficacy of this framework for the protection of human rights depends on the strength of the legal system in a given society and on the access of its citizens to the system. However, many legal systems worldwide are not strong enough, nor do marginalized populations have access to them.
57. Nevertheless, the role of law in the response to HIV may also be overemphasized and provide a vehicle for coercive and abusive policies. Although law may have an educative and normative role and may provide an important supportive framework for human rights protection and HIV programmes, it cannot be relied upon as the only means by which to educate, change attitudes, achieve behavioural change or protect people’s rights. Guidelines 3 to 7 above are, therefore, meant to encourage the enactment of meaningful and positive legislation, to describe the basic legal components necessary to provide support for the protection of HIV-related human rights and effective HIV prevention and care programmes and to be supplemented by all other Guidelines set out in this document.
58. Guidelines 3 to 6 encourage law and law reform which would bring national HIV-related laws into conformity with international and regional human rights standards. Although the content of the strategies primarily addresses formal law, law reformSince laws regulate conduct between the State and the individual and between individuals, they provide an essential framework for the observance of human rights, including HIV-related human rights. The efficacy of this framework for the protection of human rights depends on the strength of the legal system in a given society and on the access of its citizens to the system. However, many legal systems worldwide are not strong enough, nor do marginalized populations have access to them.
57. Nevertheless, the role of law in the response to HIV may also be overemphasized and provide a vehicle for coercive and abusive policies. Although law may have an educative and normative role and may provide an important supportive framework for human rights protection and HIV programmes, it cannot be relied upon as the only means by which to educate, change attitudes, achieve behavioural change or protect people’s rights. Guidelines 3 to 7 above are, therefore, meant to encourage the enactment of meaningful and positive legislation, to describe the basic legal components necessary to provide support for the protection of HIV-related human rights and effective HIV prevention and care programmes and to be supplemented by all other Guidelines set out in this document.
58. Guidelines 3 to 6 encourage law and law reform which would bring national HIV-related laws into conformity with international and regional human rights standards. Although the content of the strategies primarily addresses formal law, law reformshould also encompass traditional and customary laws. The process of HIV law review and reform should be incorporated into the State’s general activities regarding the observance of human rights norms and be integrated into the national AIDS response, whilst involving the affected communities, ensuring that existing legislation does not act as an impediment to HIV prevention and care programmes (for the general population, as well as for vulnerable groups) and protecting individuals against discrimination by both Government actors and private individuals or institutions. It is recognized that some of the recommendations for law and law reform, particularly those concerning the status of women, drug use, sex work and the status of men having sex with men, might be controversial in particular national, cultural and religious contexts. However, these Guidelines are recommendations to States: they are based on existing international human rights standards and designed to achieve a pragmatic approach to public health goals relative to HIV. It is the obligation of States to establish how they can best meet their international human rights obligations and protect the public health within their political, cultural and religious contexts. The Office of the United Nations High Commissioner for Human Rights, UNAIDS, its relevant co-sponsors and other United Nations bodies and agencies, such as the International Labour Organization, can offer Governments technical assistance in the process of law review and reform.