Africa: regional workshop held on HIV/AIDS and the right to health

In October 2003, the AIDS and Rights Alliance of Southern African (ARASA) and the Zambia AIDS Law Research and Advocacy Network (ZARAN) held a regional workshop on HIV/AIDS and the Right to Health: Challenges and Opportunities, at Kafue Gorge, Zambia.     

HIV/AIDS and human rights revisited

In their article, Sofia Gruskin and Daniel Tarantola demonstrate how, as the number of people living with HIV and with AIDS continues to grow in nations with different economies, social structures, and legal systems, HIV/AIDS-related human rights issues are not only becoming more apparent, but also increasingly diverse. In the 1980s, the relationship of HIV/AIDS to human rights was only understood as it involved people with HIV or AIDS and the discrimination to which they were subjected. The concerns included mandatory HIV testing; restrictions on international travel; barriers to employment and housing, access to education, medical care, or health insurance; and the many issues raised by named reporting, partner notification, and confidentiality. Almost 20 years into the epidemic, these issues remain serious and most often have not been resolved. In the 1990s, however, there was increased understanding of the importance of human rights as a factor in determining people's vulnerability to HIV infection and their consequent risk of acquiring HIV infection and their chances of accessing appropriate care and support. And most recently, human rights have also come to be understood to be directly relevant to every element of the risk/vulnerability paradigm. Gruskin and Tarantola identify three situations and three levels of governmental obligations that should be considered when identifying the specific needs and related rights of individuals in the context of HIV/AIDS. They conclude that policymakers, program managers, and service providers must become more comfortable using human rights norms and standards to guide and limit government action in all matters affecting the response to HIV/AIDS; and that those involved in HIV/AIDS advocacy must become more familiar with the practicalities of using international human rights law when they strive to hold governments accountable.     

Parliamentarians take the initiative on HIV/AIDS

In 1999 UNAIDS and the Inter-Parliamentary Union jointly published the Handbook for Legislators on HIV/AIDS, Law and Human Rights. This section describes initiatives taken by parliamentarians to promote legal and policy responses to the HIV/AIDS epidemic which respect human rights.     

African regional meeting on HIV/AIDS and human rights

A meeting of countries in the Southern African Development Community (SADC) leads to the establishment of a regional alliance of organizations working on HIV/AIDS and human rights.     

Draft discussion paper on HIV/AIDS and immigration released

In October 2000, the Canadian HIV/AIDS Legal Network released a 57-page draft discussion paper on HIV/AIDS and immigration, reacting to the announcement that HIV testing may become mandatory for all prospective immigrants to Canada. A final version of the paper will be released in early 2001.     

Dublin Declaration on HIV/AIDS in prisons launched

On 23 February 2004, the Dublin Declaration on HIV/AIDS in Prisons in Europe and Central Asia was launched. The Declaration focuses on prisons in Europe and Central Asia, but it is also relevant for prisons in other countries, including Canada, which are still far from having adopted a comprehensive approach, based on public health and human rights principles, to HIV/AIDS and hepatitis C in prisons.     

HIV/AIDS and legal developments in Germany

Case law has helped to define the legal environment for people infected and affected by HIV/AIDS in Germany. This article describes court decisions in three areas that may be of interest to Canadian readers: criminal law, confidentiality, and the use of illegal drugs to control pain. It also describes the situation of refugees with HIV/AIDS.     

Developments in South African law on HIV/AIDS

South Africa has a powerful legal framework that offers high levels of protection to people living with HIV/AIDS, yet discrimination against people living with HIV/AIDS continues to be widespread in South African society. Court cases decided in 2003 regarding children's issues and health care testify to this ongoing discrimination, and to the potential of the South African legal system to uphold the rights of people living with HIV/AIDS.