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30 June 2003



JOINT UNAIDS and OHCHR
Discussion on HIV/AIDS and Human Rights


Opening remarks
Bertrand Ramcharan,
Deputy High Commissioner for Human Rights



I would like to thank our colleagues at UNAIDS for their cooperation in bringing together this meeting. Supporting the capacity of Special Rapporteurs to deal with HIV/AIDS issues in their work is an important part of the joint commitment between the Office of the High Commissioner and UNAIDS towards the protection and promotion of human rights in the context of the epidemic.

The human rights challenges posed by HIV/AIDS are enormous. The epidemic continues to spread and today, alone, 15,000 people will be newly infected:

Many of these new infections will occur in young people between the ages of 15 and 24. Because they lack prevention and treatment information, most will not know that they are infected.

Women will bear a disproportionate impact of these new infections. In some countries women and girls are more likely than men to be infected with HIV. Many also bear the burden of care for family members with HIV/AIDS and assume the responsibility of children orphaned by AIDS.

The vast majority of those affected will not have access to any treatment, in spite of the fact that treatment is – in theory - available.

Fear of stigma and discrimination will stop many from seeking voluntary counseling and testing, which are so vital to prevention, care and treatment efforts. Many will face discrimination - in health services, housing and education, as well as in work and family life.


These challenges underscore the importance of ensuring that equality and non-discrimination are meaningful to people affected by HIV/AIDS. These principles are not only the cornerstone of international human rights law. They are also vital to HIV/AIDS prevention and access to care, treatment and support for those affected. The mandates given to special procedures and mechanisms of the Commission on Human Rights (CHR) – to examine, monitor and publicly report on human rights situations in specific countries or territories or on major phenomena of human rights violations worldwide – are a powerful source for giving these and other HIV-related rights meaning.

The human rights instruments and mechanisms are a framework for ensuring the implementation of HIV-related rights. Our challenge is to use them more effectively. What difference can the – albeit relatively modest – UN human rights system make? What can the CHR special rapporteurs and independent experts hope to contribute?

CHR special rapporteurs provide a vital link between international human rights obligations relevant to HIV/AIDS, as well as the work of the treaty bodies that oversee the implementation of these obligations, and the promotion and protection of HIV/AIDS-related rights at country level. They can help to strengthen respect for HIV/AIDS related rights through country missions, reports, urgent appeals and other advocacy work by:

raising awareness of the human rights dimensions of HIV/AIDS;

analysing the links between HIV/AIDS and human rights in relation to particularly vulnerable groups or country situations; and

providing guidance to States and other groups through recommendations on practical measures to promote and protect the human rights of people living with HIV/AIDS.


Some special procedures have already been addressing HIV/AIDS in their reports. For example:

The SR on the right to freedom of opinion has stressed the importance of this human right in ensuring effective education and information campaigns to prevent HIV/AIDS.

The SR on the right to education has addressed the linkages between education and health for children. HIV/AIDS can be an obstacle to children’s learning – due to illness, absenteeism, poor nutrition. Education can also be a powerful tool for preventing HIV/AIDS.

The SR on the right to health has highlighted the impact of discrimination and stigma on the right to health of those affected.

The Independent Experts on Structural Adjustment and Foreign Debt has reported on HIV/AIDS as a development crisis for Zambia and the importance of debt relief to combating the epidemic.

The SR on the sale of children, child prostitution and child pornography has drawn attention to the links between sexual exploitation of children and HIV/AIDS, and made a series of recommendations on practical steps for government to take to improve protection of the rights of children.


The work of the special procedures of the Commission on Human Rights has an important role to play in demonstrating the value-added of human rights in the fight against HIV/AIDS – and in building upon and reinforcing good practice examples at country level. Certain countries have succeeded in slowing the spread of HIV/AIDS through comprehensive approaches to prevention, treatment, care and support; strong civil society participation; universal primary health care; poverty reduction strategies; and a commitment to gender equality, and to strengthening the rule of law. Examples include:

implementation of national programmes and strategies to ensure universal access to medication as part of the right to health (for example, in Brazil);

promotion of the right to education for children affected by HIV/AIDS, including through the abolition of fees for primary school (for example, in Kenya)

access to appropriate information on HIV/AIDS through awareness-raising campaigns (for example, in Uganda)

adoption of legislation to prohibit discrimination against people affected by HIV/AIDS (for example, in Cambodia)

I encourage you to share experiences, draw on good practices examples and challenge yourselves to tackling the many difficult issues associated with HIV/AIDS. The contribution of the UN human rights system may be a modest one – but its importance to people affected by HIV/AIDS should not be underestimated.




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