The African Union human rights body has urged renewed efforts on human rights in response to HIV/ AIDS, noting that women, youth and sex workers are the most affected by the disease. In its report African Commission on Human and Peoples’ Rights (ACHRP) gives a comprehensive analysis of the legal and human rights issues pertinent to HIV in the continent.
The report titled HIV, the law and human rights in the African human rights system: key challenges and opportunities for rights-based responses, notes that in spite of efforts to respond to legal challenges posed by the epidemic, human rights violations in relation to HIV continue to occur.
This includes discrimination and inequality, coercive HIV testing, barriers to treatment access, violations of the human rights of women and girls, failure to uphold the human rights of children, and criminalisation of people living with HIV and members of key populations.
“There is need to address stigma and discrimination and to pay greater attention to the effective and full protection of the human rights of all the populations that are marginalised and left behind in our communities,” said Soita Maiga, the body’s chairperson.
While noting the progress made in the response to HIV in Africa, the report expresses concerns about the populations left behind—young women and girls, prisoners, sex workers, men who have sex with men, transgender people and people who use drugs.
People living with HIV in Africa and globally continue to experience high levels of discrimination and stigma on the basis of their HIV status. Negative social attitudes—including gossip about people living with HIV— remains high. According to the Stigma Index, 8 in every 10 Kenyans living with the disease are aware of being gossiped about while a further 6 in 10 fear being gossiped about.
The study states that such an environment hinders efforts to end the HIV epidemic because it discourages people living with HIV from disclosing their status to family members and sexual partners, and it undermines their ability and willingness to access and adhere to treatment.
Similarly, stigma and discrimination, violence, negative gender and hetero- normative constructs, and criminal laws that affect members of key populations (particularly sex workers, people who inject drugs and gay men and other men who have sex with men) have been shown to increase vulnerability to HIV and limit access to HIV services.
Globally, approximately 30 per cent of all people living with HIV do not know their status. Practices such as mandatory testing, breaches of confidentiality and requirements for parental consent discourage individuals from accessing HIV testing services, and they may also place individuals at risk of increased violence or discrimination.
“Women report stigma, exclusion and harassment within their families, communities, workplaces, schools, health-care facilities, churches and other places of worship,” the report says, adding that they also suffer physical and sexual abuse, expulsion from their homes and communities.
In addition, people living with HIV who have TB face the stigma and discrimination of both illnesses. “Stigma and discrimination targeting people with TB takes place in the workplace, health-care facilities and communities through travel restrictions and mandatory treatment,” said Maiga.
The study points out that health workers have also been known to deny equal access to TB clinics for people living with HIV, sex workers, transgender people and other marginalised populations. A small number of countries also continue to impose travel restrictions on people living with HIV.
Seychelles, for example, requires mandatory HIV testing for resident and work permits. To tackle these challenges many African countries have constitutional or statutory protections against discrimination on the basis of gender, disability and marital status.
However these laws often are narrow in scope and fail to address the layers of discrimination people face due to HIV status. “Despite these achievements, stigma, discrimination, gender inequality, violence and other human rights violations continue to make people vulnerable to the epidemic and hinder access to HIV services,” said Michel Sidebe, the Executive Director of the United Nations Programme on HIV/ AIDS.
According to the National Aids Control Council, a cumulative HIV stigma index score of 47 which is rated as high showed that many respondents judge and blame people living with HIV for their status. HIV infection was considered a punishment from God or a punishment for bad behaviour.
The African Union human rights body has urged renewed efforts on human rights in response to HIV/ AIDS, noting that women, youth and sex workers are the most affected by the disease. In its report African Commission on Human and Peoples’ Rights (ACHRP) gives a comprehensive analysis of the legal and human rights issues pertinent to HIV in the continent.
The report titled HIV, the law and human rights in the African human rights system: key challenges and opportunities for rights-based responses, notes that in spite of efforts to respond to legal challenges posed by the epidemic, human rights violations in relation to HIV continue to occur.
This includes discrimination and inequality, coercive HIV testing, barriers to treatment access, violations of the human rights of women and girls, failure to uphold the human rights of children, and criminalisation of people living with HIV and members of key populations.
“There is need to address stigma and discrimination and to pay greater attention to the effective and full protection of the human rights of all the populations that are marginalised and left behind in our communities,” said Soita Maiga, the body’s chairperson.
While noting the progress made in the response to HIV in Africa, the report expresses concerns about the populations left behind—young women and girls, prisoners, sex workers, men who have sex with men, transgender people and people who use drugs.
People living with HIV in Africa and globally continue to experience high levels of discrimination and stigma on the basis of their HIV status. Negative social attitudes—including gossip about people living with HIV— remains high. According to the Stigma Index, 8 in every 10 Kenyans living with the disease are aware of being gossiped about while a further 6 in 10 fear being gossiped about.
The study states that such an environment hinders efforts to end the HIV epidemic because it discourages people living with HIV from disclosing their status to family members and sexual partners, and it undermines their ability and willingness to access and adhere to treatment.
Similarly, stigma and discrimination, violence, negative gender and hetero- normative constructs, and criminal laws that affect members of key populations (particularly sex workers, people who inject drugs and gay men and other men who have sex with men) have been shown to increase vulnerability to HIV and limit access to HIV services.
Globally, approximately 30 per cent of all people living with HIV do not know their status. Practices such as mandatory testing, breaches of confidentiality and requirements for parental consent discourage individuals from accessing HIV testing services, and they may also place individuals at risk of increased violence or discrimination.
“Women report stigma, exclusion and harassment within their families, communities, workplaces, schools, health-care facilities, churches and other places of worship,” the report says, adding that they also suffer physical and sexual abuse, expulsion from their homes and communities.
In addition, people living with HIV who have TB face the stigma and discrimination of both illnesses. “Stigma and discrimination targeting people with TB takes place in the workplace, health-care facilities and communities through travel restrictions and mandatory treatment,” said Maiga.
The study points out that health workers have also been known to deny equal access to TB clinics for people living with HIV, sex workers, transgender people and other marginalised populations. A small number of countries also continue to impose travel restrictions on people living with HIV.
Seychelles, for example, requires mandatory HIV testing for resident and work permits. To tackle these challenges many African countries have constitutional or statutory protections against discrimination on the basis of gender, disability and marital status.
However these laws often are narrow in scope and fail to address the layers of discrimination people face due to HIV status. “Despite these achievements, stigma, discrimination, gender inequality, violence and other human rights violations continue to make people vulnerable to the epidemic and hinder access to HIV services,” said Michel Sidebe, the Executive Director of the United Nations Programme on HIV/ AIDS.
According to the National Aids Control Council, a cumulative HIV stigma index score of 47 which is rated as high showed that many respondents judge and blame people living with HIV for their status. HIV infection was considered a punishment from God or a punishment for bad behaviour.
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