Human rights

Overview

Stigma, discrimination and other human rights violations in the context of HIV both reflect and drive the inequalities that undermine HIV responses. Everyone, including people living with and affected by HIV, should enjoy human rights, equality and dignity.

The Global AIDS Strategy 2021 – 2026 seeks to ensure that, by 2025, less than 10% of countries have punitive legal and policy environments, less than 10% of people living with HIV and key populations experience stigma and discrimination, and less than 10% of women, girls, people living with HIV and key populations experience gender inequality and violence. 15 countries de-criminalized consensual same-sex sexual acts between 2016 and 2023. Yet progress is slow. Many human rights, stigma and discrimination barriers remain and greatly affect access to HIV services and effective HIV responses for all. The removal of laws that target people living with HIV, key and other priority populations and concerted efforts to end HIV-related stigma and discrimination are high priorities.

Joint Programme Results

The Joint Programme continued to champion leadership on human rights in the context of the HIV response. In 2022-2023, the Joint Programme supported 69 countries to remove or amend punitive and discriminatory laws and policies and/or develop protective ones affecting the HIV response. The Joint Programme supported strategic litigation to remove human rights barriers in Chile, Kazakhstan, Kenya and Tajikistan. It contributed to positive legal findings, including decisions in Chile and Kenya which affirmed that forced sterilization of women living with HIV is a violation of human rights.

The Global Partnership for action to eliminate all forms of HIV-related stigma and discrimination (co-convened by UNDP, UN Women, the UNAIDS Secretariat, the Global Fund and GNP+) continued to drive progress on stigma and discrimination. Thirty-eight countries have intensified their actions as members of the Global Partnership, which produced new guidance, tracks and guides progress and foster peer learning on strategies for combating stigma and discrimination. During the biennium, the Joint Programme supported 69 countries to reduce stigma and discrimination, with several countries acting to strengthen national rights frameworks and/or reporting notable declines in HIV-related stigma.

The Joint Programme played a leading role in responding to the rise of anti-LGBTQI+ sentiment by fostering dialogues and supporting affected communities in many countries. The Joint Programme opposed a new anti-LGBTQI+ law in Uganda and responded to human rights abuses in Ghana, Kenya and the United Republic of Tanzania.

The Joint Programme uses a wide partnership approach for human rights-based HIV response, guided by a Human Rights Reference Group and work through close collaboration with and build the leadership and capacity of key actors––including communities, lawyers, law enforcement officials, prison administration, judges, parliamentarians, religious leaders and national human rights institutions––to strengthen human rights in the context of HIV

Joint Programme Specific Outputs

5.1 Provide technical, policy and advocacy support to countries on enabling legal environments for HIV and advocate in international and regional forums for rights-based approaches.

5.2 Provide technical and policy support to countries in the implementation of sustainable programmes or reforms (e.g., curricula, law reform, access to justice) to reduce HIV-related stigma and discrimination.