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This report presents the key findings and recommendations of the review of Myanmar's legal framework and its effect on access to health and HIV prevention and treatment services for people living with HIV and key affected populations.
Keywords: Myanmar, Legal, PLHIV, Sex workers, MSM, Transgender, Women, Girls, Children, Young people, Key populations
Recent progress towards zero discrimination in Asia and the Pacific: Punitive approaches to sex work, drug use and sexual relations between men; criminalization of HIV transmission; and enforcement of restrictions on entry, stay and residence against people living with HIV hinder access to HIV prevention and treatment services, and can contribute to the increase of HIV-related stigma and discrimination. Over the past years, over 10 countries in Asia and the Pacific have removed or revised a number of such punitive laws or policies. These actions are helping to enable more people to access HIV services.
Keywords: MSM, SW, PWID, PLHIV, transgender
The report on the Review and Consultation on the Policy and Legal Environments Related to HIV Services in Malaysia seeks to identify the current status of the policy and legal environment in Malaysia that safeguard the universal human rights of key affected populations with regard to HIV prevention, care and treatment. The review and consultation establishes a baseline and it provides a set of concrete recommendations to contribute to reforms that will promote an enabling environment where the human rights of the key populations are adequately protected.
Keywords: HIV, Malaysia, laws, stigma, discrimination, key population
The purpose of this review is to examine existing approaches in policy, programming and implementation responses to school-related gender-based violence (SRGBV) in the Asia-Pacific region. It seeks to advance our knowledge and learning in this field, both in terms of what we know about the phenomenon and its impact on individuals, as well as how best to address it, including through education.
Keywords: gender, violence, discrimination, bullying, abuse, school
Every country has a unique legal environment that will dictate whether and how the HIV response might be incorporated into legislation. New or amending laws should be tailor-made for the specific legal environment that exists.
Already existing in each country is a body of both primary (Laws, Acts and Decrees) and secondary laws (such as Regulations and Orders). The legal environment includes the Constitution (as the supreme Law of the country) and the constitutional protections provided by it. This may include a Bill of Rights, with specific rights stated. Such constitutional rights are rarely ‘absolute rights’. They may be limited or qualified in some way. For example, a right might be given that is potentially to be limited ‘in the interests of public health’ or ‘in the event of the declaration of a public emergency’. Such limitations are usually, but not always, permitted if ‘authorised by law’.
This report presents the key findings and recommendations of the review of Cambodia’s legal framework and its impact on access to health and HIV prevention and treatment services for people living with HIV and most-at-risk populations (MARPs).
This compendium focuses on a subset of the many issues that are critical to an effective HIV response. It emphasizes a set of core issues in line with those discussed at the Judicial Dialogue on HIV, Human Rights and the Law in Asia and the Pacific , 2–4 June 2013, Bangkok, Thailand. They are:
• non-discrimination, including employment discrimination, discrimination in health care settings, and discrimination in other settings
• access to medicines
• same-sex relations
• rights of transgender persons
• rights of sex workers
• rights of people who use drugs
This publication is intended to inform parliamentarians about the types of laws that are helpful and unhelpful in the AIDS response. It gives examples of legislation from around the world that have been effective in limiting the spread of HIV, and draws lessons from the experiences of the parliamentarians involved.
|The Expert Group Meeting on the Implementation of National Reviews and Consultations on Legal and Policy Barriers to Universal Access to HIV Services was organized by the Economic and Social Commission for Asia and the Pacific (ESCAP) in cooperation with UNAIDS and UNDP, on 4 and 5 March 2014 in Pattaya, Thailand. The Meeting was attended by national-level experts from governments, civil society and the United Nations system, as well as regional networks of civil society organizations, development partners and representatives of the United Nations Regional Interagency Team on AIDS.|
The role of the judiciary as interpreter of the law and protector of human rights is therefore critical to creating an enabling legal environment that supports the response to HIV. An evidence-informed and protective judicial application of the law is essential to HIV because it:
. protects people living with or vulnerable to HIV against violations of their human rights;
. helps to address fears, misconceptions and prejudices against people living with or vulnerable to HIV;
. generates a sense of dignity and justice among people living with or vulnerable to HIV; and
. supports access to HIV prevention, treatment, care and support services for all.