people living with HIV

The Secretary-General’s report also highlights that despite the many commitments made by Member States to protect the rights of people living with HIV and people vulnerable to HIV infection, many countries have laws and policies that are inconsistent with the commitments and result in reduced access to essential HIV services and commodities.

In 2007, one third of countries reported that they still lacked laws to prohibit HIV-related discrimination, and many countries with anti-discrimination legislation have problems with adequate enforcement. A total of 84 countries reported that they have laws and regulations that present obstacles to effective HIV prevention, treatment, care and support for vulnerable subpopulations. Furthermore, some 60 countries have laws that restrict the entry, stay and residence of people living with HIV based on HIV-positive status only. Finally, an increasing number of countries have enacted overly broad laws that criminalize transmission or exposure to HIV, as well as non-disclosure of HIV status. Such measures are likely to lead people to avoid HIV testing, thereby undermining efforts to achieve universal access. Therefore, the report recommends that laws and law enforcement should be improved and programmes to support access to justice should be taken to scale to prevent discrimination against people living with HIV. HIV-related travel restrictions should be eliminated; the criminalization of HIV transmission should be limited to intentional transmission; and laws that burden or impede service access among sex workers, men who have sex with men and injecting drug users should be repealed.

Improved analytic methods have enabled countries to better characterize the magnitude and dynamics of their epidemics, to select appropriate interventions and tailor evidence-informed strategies to address their specific national context. The strategic tailoring of national responses magnifies the results of HIV programmes and reduces waste and inefficiency. Improved monitoring and evaluation systems also permit countries to revise national strategies as their epidemics evolve over time. In their efforts to closely align national strategies with actual national circumstances, countries should work to understand and address the social and structural determinants of HIV risk and vulnerability, such as gender inequalities, social marginalization and stigma and discrimination.