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The Judicial Dialogue provided a critical opportunity for experience sharing between members of the judiciary and representatives of judicial training institutions from 16 countries across Asia and the Pacific, on the complex legal and human rights issues raised by the HIV epidemic. The Judicial Dialogue also benefited from the perspectives of people living with HIV, representatives of communities of men who have sex with men, transgender people, sex workers and people who use drugs.
The overall purpose of the assignment was to build an evidence-base for improving universal access to HIV prevention services, rights and social protection services for hijras/transgender people.
The first case of HIV in Bangladesh was detected in 1989.2 Since then, the number of HIV cases has grown to an estimated 7,500 in 2011. This represents less than 0.1 percent of the total population. In 2011, the National AIDS / STD Program (NASP) reported 445 new cases of HIV, 251 new AIDS cases and 84 AIDS related deaths. Thus the cumulative number of reported HIV cases to date in Bangladesh stands at 2,533, AIDS cases at 1,101 and deaths at 325.
The first case of HIV in Pakistan was diagnosed in 1987. At the end of 2009, Pakistan had an estimated 98,000 people living with HIV. Until recently Pakistan was classified as a low prevalence high risk country. Now Pakistan is considered to be in a concentrated phase of the epidemic. The concentrated HIV epidemic is primarily among high risk populations, with injecting drug users (IDUs) exhibiting the highest HIV prevalence (27.2%) in 2011, followed by Hijra or transgender and male sex workers (MSW s) at 5.2% and 1.6%, respectively. Female sex workers (FSWs) exhibit a prevalence of 0.6%.
Since the first reported case of HIV in 1987, Sri Lanka has had a low prevalence of HIV with less than 0.1% of its adult population living with HIV as of December 2009. As of the end of 2011, Sri Lanka has reported a cumulative total of 1,463 HIV cases with 146 new cases being reported in 2011.
This document captures the discussions and outputs of the National Consultation on Legal and Policy Barriers to HIV in Indonesia, held in Bandung, Indonesia on 11-12 September 2013. The national consultation was jointly convened by UNDP, UNAIDS and the National AIDS Commission to assess the legal barriers to effective implementation of the National AIDS Strategy and Action Plans 2010-2014. The objectives were to examine the implication of barriers to the HIV response, identify opportunities under existing legal and supportive policy frameworks and provide concrete recommendations. The consultation involved representatives from relevant sectors, including academic institutions, civil society, faith-based organizations, members of key populations and government officials.
The objectives of the workshop were to identify the laws hindering the AIDS response and build consensus on reforms needed to create an enabling legal environment for access to HIV services and to chalk out a time bound action plan identifying priorities for the amendment of punitive and discriminatory legal environment that are impeding AIDS responses.
The consultation was attended by 82 participants. The inaugural session, which was attended by eminent personalities, expressed the need for the timely intervention, while the overview of the HIV/AIDS epidemic in Bangladesh painted a vivid picture to the participants in understanding the gravity of the AIDS epidemic and limitations of the current response.
This paper will first outline the overall human rights situation with regard to people of diverse SOGI, and HIV. The second section focuses on the mandate and powers of the NHRC. The third section, against the backdrop of the first two sections, details the NHRC’s rights reporting mechanisms and initiatives on inclusion, the right to health, SOGI and HIV.
Sexual minority groups in India have long been subject to criminalisation, discrimination, virulent social stigma and harassment. Numerous reports, accounts, and narratives document the wide range of human rights violations faced by MSM and transgender people in India. These violations increase manifold the vulnerability of these groups to HIV. Additionally, the criminalisation, discrimination, stigma faced by MSM and transgender are major barriers to HIV prevention, treatment, care and support.
One of the principles of human rights is the right to be free from discrimination. The concept of human rights states that human beings are born equal and equivalent. In regard to this principle of non-discrimination, the lesbian, gay, bisexual and transgender (LGBT) community and people with HIV can be categorized as a group vulnerable to human rights violation. Within the concept of human rights, the state must take affirmative action on behalf of vulnerable groups.
In 2011, Indonesia ratified the International Covenant on Economic, Social and Cultural Rights. Article 2, paragraph 2 states that:
"States Parties to the present Covenant undertake to guarantee that the rights set forth in the present Covenant will be exercised without discrimination of any kind as to race, color, sex, language, religion, political or other views, national origin or social origin, property, birth or other status.”