HIV/AIDS and human rights
OHCHR and the right to health
More than four decades after the first clinical evidence of acquired immunodeficiency syndrome was reported, AIDS remains one of the most devastating diseases humankind has ever faced.
Since the epidemic began, more than 60 million people have been infected with the virus and nearly 30 million people have died of HIV-related causes. AIDS is the sixth-largest cause of death worldwide.
About HIV/AIDS and human rights
Human rights are intimately linked with the spread and impact of HIV/AIDS. A lack of respect for human rights fuels the spread and exacerbates the impact of the disease, while at the same time HIV undermines progress in the realisation of human rights. This link is apparent in the disproportionate incidence and spread of the disease among certain groups which, depending on the nature of the epidemic and the prevailing social, legal and economic conditions, include women and children, and particularly those living in poverty. It is also apparent in the fact that the overwhelming burden of the epidemic today is borne by developing countries, where the disease threatens to reverse vital achievements in human development. AIDS and poverty are now mutually reinforcing negative forces in many developing countries.
OHCHR’s work on HIV/AIDS
Since 1999, we have endeavoured to contribute to an effective and sustainable response to the epidemic by:
- raising awareness and understanding of the human rights dimensions of HIV/AIDS;
- strengthening capacities to address HIV/AIDS-related human rights issues at national and international levels;
- working in close collaboration with UNAIDS towards the promotion and protection of human rights in the context of HIV/AIDS (see the handbook for national institutions on the links between respect for human rights and the fight against HIV and AIDS).
- providing the UN Human Rights Council with support on the issue of HIV/AIDS, including preparation of reports of the Secretary-General to the Council on measures taken by member States towards implementation of provisions contained in HIV/AIDS-related resolutions;
- preparing the Secretary-General's reports on the protection of human rights in the context of HIV and AIDS
OHCHR has made progress towards these objectives, in particular by supporting the work of the UN Human Rights Council and its special rapporteurs, the UN treaty bodies, the universal periodic review, national human rights institutions, as well as mainstreaming issues within the broader UN system. We have also contributed to the integration of a human rights perspective into the work of other UN agencies and programmes.
Latest Reports
A/HRC/41/27: Report of the 2019 consultation on human rights in the HIV response
Publications and documents
Handbook on HIV and Human Rights for National Human Rights Institutions (published jointly with UNAIDS)
Denying Entry, Stay and Residence Due to HIV Status: Ten Things You Need to Know (Third edition, June 2009)
PDF: English, French, Spanish, Russian
The International Guidelines on HIV/AIDS and Human Rights (2006 Consolidated version)
10 Key Points on HIV/AIDS and the Protection of Refugees, IDPs and Other Persons of Concern (UNHCR)
HIV/AIDS: Stand Up for Human Rights (cartoon booklet, published jointly with UNAIDS and WHO)
General Assembly
- 2011 Political Declaration on HIV/AIDS: Intensifying our Efforts to Eliminate HIV/AIDS
- UNGASS Declaration of Commitment
- Political Declaration on HIV/AIDS
Security Council
- Resolution 1983 (2011): HIV and peacekeeping - S/RES/1983 (2011)
- Resolution 1308 (2000): HIV/AIDS and peacekeeping - S/RES/1308 (2000)
- Resolution 1460 (2003): Children in armed conflict - S/RES/1460 (2003)
Treaty bodies
- General Comment no. 20 (2009) - Non-discrimination in Economic, Social and Cultural Rights - E/C.12/GC/20
- General Comment no. 3 (2003) - HIV/AIDS and the Rights of the Child - CRC/GC/2003/3
- General Comment no. 4 (2003) - Adolescent Health - CRC/GC/2003/4
- General Comment no. 15 (1990) - women and AIDS
Human Rights Council
Reports:
- Report of the High Commissioner on the protection of human rights in the context of HIV and AIDS A/HRC/19/37 (2011)
- Report of the Secretary-General on the protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS): A/HRC/16/69, A/HRC/10/47, A/HRC/4/110 and E/CN.4/2003/81
- Report of the Secretary-General on access to medication in the context of pandemics, such as HIV/AIDS, tuberculosis and malaria: A/HRC/7/30, E/CN.4/2006/39, E/CN.4/2005/38, E/CN.4/2004/39 and E/CN.4/2003/48
- Report of the Secretary-General on the steps taken to promote and implement the guidelines on HIV/AIDS: E/CN.4/2005/79
Resolutions and Decisions:
- The protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS): E/CN.4/RES/2005/84, E/CN.4/RES/2003/47, E/CN.4/RES/2001/51, A/HRC/RES/12/27, A/HRC/RES/16/28
- The right of everyone to the enjoyment of the highest attainable standard of physical and mental health: E/CN.4/RES/2004/27, A/HRC/RES/15/22
- Access to medicine in the context of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health: A/HRC/RES/12/24, A/HRC/RES/17/14
- Access to medication in the context of pandemics such as HIV/AIDS, tuberculosis and malaria: A/HRC/DEC/2/107
- Access to medication in the context of pandemics such as HIV/AIDS, tuberculosis and malaria: E/CN.4/RES/2005/23, E/CN.4/RES/2004/26, E/CN.4/RES/2003/29
- Rights of the child: E/CN.4/RES/2004/48
Special procedures reports:
- Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (the right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines): A/65/255
- Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission): A/HRC/14/20
- Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (right to health and informed consent): A/64/272
- Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (right to health in the context of access to medicines and intellectual property rights): A/HRC/11/12
- Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (IV. Applying a human rights-based approach to drug policies): A/HRC/10/44
- Situation of human rights in Haiti : report of the independent expert (IV.F. Cooperation and efforts to combat HIV/AIDS): E/CN.4/2004/108
- Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health: E/CN.4/2004/49
- Report of the Special Rapporteur on the right to freedom of opinion and expression (III.B. Access to information for the purposes of education on, and prevention of, HIV): E/CN.4/2003/67
- Report submitted by the Special Rapporteur on the sale of children, child prostitution and child pornography: Mission to South Africa: E/CN.4/2003/79/Add.1
Commission on the Status of Women:
- Report of the Secretary-General on Women, the girl child, and HIV and AIDS: E/CN.6/2011/7
- Women, the girl child and HIV/AIDS: Resolution 50/2, Resolution 55/2
- Women, the girl child and human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS): Resolution 47/1 (2003)
ILO:
- ILO Recommendation 200: HIV and AIDS and the World of Work
- Code of Practice on HIV/AIDS and the World of Work [French and Spanish]