Irene Khan, Secretary General of Amnesty International, July 15, 2004 – XV International AIDS Conference, Bangkok

HIV/AIDS represents a real civil, political, economic, social and cultural threat to all human rights, because it undermines the ability of individuals to stand up for their rights and that of governments to respect, protect and promote those rights. HIV/AIDS poses specific challenges in terms of stigmatization and discrimination, confidentiality and the right to information about health, and even employment.

According to UNAIDS, “several countries still have policies that interfere with the accessibility and effectiveness of HIV-related measures for prevention and care. Examples include laws criminalizing consensual sex between men, prohibiting condom and needle access for prisoners, and using residency status to restrict access to prevention and treatment services. At the same time, laws and regulations protecting people with HIV from discrimination are not enacted, or fully implemented or enforced.”

“The protection of human rights, both of those vulnerable to infection and those already infected, is not only right, but also produces positive public health results against HIV.” (“Human right and HIV”. UNAIDS’website)

Therefore, countering the HIV epidemic must increasingly take the form of vigorous advocacy to ensure that the human rights of those affected are protected, promoted and applied. Both international and local NGOs must redouble their efforts, not only to ensure that States respect their obligations, but also to raise the awareness of individuals and communities of their responsibility to demand that their rights, in the context of the HIV epidemic, be respected.

In Québec, like all citizens, people living with HIV/AIDS can take advantage of the law, use the Charte des droits et libertés de la personne, or call on the Commission des droits de la personne et des droits de la jeunesse. But in reality, fundamental rights are undermined here as well: stigmatization, discrimination and non-respect of confidentiality cause serious harm to HIV prevention efforts, the health of the general public and the quality of life of people living with HIV/AIDS.

Extract from a speech by Irene Khan

“The failure to protect the rights and dignity of people is fuelling the pandemic and making it worse.
(…) Wherever we look, discrimination and inequality are driving the epidemic. Wherever we look, HIV/AIDS exacerbates existing inequality and creates a fatal combination of stigma and neglect. This is true for migrant workers, displaced persons and refugees, for minority ethnic communities and indigenous people, for young people and the disabled, for prisoners, sex workers, injecting drug users, sexual minorities and women.
(…) The protection and promotion of human rights is essential if we have any hope of preventing HIV and minimising the impact of the disease.”

During her speech, Irene Khan called on governments to put human rights at the heart of their responses to HIV/AIDS by: 
- clearly recognizing their responsibilities for the protection, promotion and fulfilment of human rights; 
- initiating legal reform to ensure equal access and non-discrimination; 
- creating a supportive environment for vulnerable groups and people living with the virus. 

“There may not be a quick fix for AIDS, but there is an effective way forward. It requires a sustained commitment to putting human rights at the centre of our response to the disease.”