International Consultation on HIV/AIDS and Human Rights

Background and summary of the Guidelines
This document consolidates the Guidelines adopted at the Second International Consultation on HIV/AIDS and Human Rights, held in Geneva from 23 to 25 September 1996, and revised Guideline 6 on access to prevention, treatment, care and support adopted at the Third International Consultation on HIV/AIDS and Human Rights held in Geneva from 25 to 26 July 2002. The purpose of these Guidelines is to assist States in creating a positive, rights-based response to HIV that is effective in reducing the transmission and impact of HIV and AIDS and is consistent with human rights and fundamental freedoms.
The elaboration of such guidelines was first considered by the 1989 International Consultation on AIDS and Human Rights, organized jointly by the then United Nations Centre for Human Rights and the World Health Organization.11 The United Nations Commission on Human Rights and its Sub-Commission on Prevention of Discrimination and Protection of Minorities repeatedly reiterated the need for guidelines.12 Increasingly, the international community recognized the need for elaborating further how existing human rights principles apply in the context of HIV and for providing examples of concrete activities to be undertaken by States to protect human rights and public health in the context of HIV.
The purpose of these Guidelines is to assist States in translating international human rights norms into practical observance in the context of HIV. To this end, the Guidelines consistof three parts: first, Guidelines for State action comprising action-oriented measures to be employed by Governments in the areas of law, administrative policy and practice that will protect human rights and achieve HIV-related public health goals; second, recommendations for dissemination and implementation of the Guidelines; and third, international human rights obligations and HIV, which describes the human rights principles underlying a positive response to HIV.
The Guidelines recognize that States bring to the HIV epidemic different economic, social and cultural values, traditions and practices – a diversity which should be celebrated as a rich resource for an effective response to HIV and AIDS. In order to benefit from this diversity, a process of participatory consultation and cooperation was undertaken in the drafting of the Guidelines, so that the Guidelines reflect the experience of people affected by the epidemic, address relevant needs and incorporate regional perspectives. Furthermore, the Guidelines reaffirm that diverse responses can and should be designed within the context of universal human rights standards.
. It is intended that the principal users of the Guidelines will be States, in the persons of legislators and Government policymakers, including officials involved in national AIDS programmes and relevant departments and ministries, such as health, foreign affairs, justice, interior, employment, welfare and education. Other users who will benefit from the Guidelines include intergovernmental organizations (IGOs), non-governmental organizations (NGOs), networks of persons living with HIV (PLHIV), community-based organizations (CBOs), networks on ethics, law, human rights and HIV and AIDS service organizations (ASOs).