Criminalization

Update

Première Ligne in Geneva showcases safe injection centre to UNAIDS Board members

19 December 2017

Sitting across from the bustling main Geneva train station, the lime-green block structure called Quai 9 stands out. The building houses a supervised drug injection centre run by the non-governmental organisation,  Première Ligne. Quai 9 (track 9 in English) also provides primary health care services as part of its harm reduction drop-in centre to people who use drugs.

On the occasion of UNAIDS 41st meeting mid-December of the Programme Coordinating Board, the Switzerland government organized a visit for UNAIDS board members.

The visit highlighted how addressing the needs of injecting drug users through a public health and human rights-based approach,  considerably reduces the risks of  HIV infection and links people to health care.

The Swiss Ambassador to the United Nations, Mr Valentin Zellweger recalled how in the 1980s and 1990s, Switzerland had one of the highest incidence of HIV in Europe among people who inject drugs. In response to the crisis, Switzerland, introduced a “four pillars” policy, which focused on prevention, treatment, harm reduction and law enforcement.

One of the outcomes was setting up drug injection centres and increasing collaboration between the police and health care clinics.

As a result, HIV infections among people who inject drugs in Switzerland dropped precipitously.

Earlier in the week, Ms Ruth Dreifuss, former President of Switzerland, Health minister and current chair of the Global Commission on Drug Policy, had addressed UNAIDS board members. Ms Dreifuss, who spearheaded the four pillars policy during her tenure, said the evidence that harm reduction and decriminalization of drug use spoke for itself. She urged member states to leave no one behind by ensuring that drug use is treated as a public health issue. That call was further emphasized by members of the NGO delegation. 

UNAIDS Deputy Executive Director Luiz Loures commended Switzerland for its innovative, multi-sectoral approach to harm reduction. He said that UNAIDS would continue advocating for evidence-informed, human-rights based AIDS responses such as Quai 9.    

Quotes

The needs of women injecting drug users are very special and complex: the need to exchange sex for money and drugs, their special needs for protection. We try to be attentive despite them not always coming regularly.

Martine Baudin ‘Quai 9’ coordinator

Our role as policemen is not to judge but to adopt a pragmatic and realistic approach, and this has reduced the number of drug overdoses, fewer open drug scenes, and improved public health.

François Schmutz Chief of Judiciary police of Geneva canton

This is the type of good practice that needs to be highlighted and scaled up, and countries to head in that direction for public health and human rights imperatives.

Carlos Durán Salinas Vice-minister of Health Governance, Quito, Ecuador

It was very important to have this visit because this opportunity to interact with those working on the ground and with the beneficiaries is essential to guide our work.

Ehab Salah Prisons and HIV Advisor, HIV/AIDS Section, UNODC

Treating drug use as a public health issue has meant that Switzerland has managed to significantly reduce HIV infections among injecting drug users. This visit to Quai 9 demonstrates how our policy was implemented on the ground.

Valentin Zellweger Swiss Ambassador to the United Nations

Evidence-informed and human rights-based policies and services that address drug use and people who use drugs meet the needs of drug users and communities at large, ensuring dignity for all. It also saves lives.

Luiz Loures UNAIDS Deputy Executive Director

Region/country

Update

Health workshop educates youth in India

24 March 2017

Ayushi Tripathi is a student at Banaras Hindu University in Varanasi, a city in India’s northern state of Uttar Pradesh.

She explains that she comes from a family where talking about sex is taboo. “We never talk about it at home. Even seeing an advertisement about condoms is uncomfortable for my parents,” she said. But nonetheless, she was intent on attending a youth health workshop.

This week, she joined 27 other students for a three-day workshop to raise young people’s awareness of their sexual and reproductive health and rights. The training was led by the Dove Foundation, a youth-led organization based in Varanasi and supported by UNAIDS. The advocacy materials used were developed by the PACT, a global coalition of 25 youth networks working on HIV and sexual and reproductive health and rights.

“When I was younger, I didn’t have knowledge on where to get information and access to HIV services,” Ms Tripathi said. “Until I took this workshop, I had no idea that young people in India face challenges in accessing HIV testing and services.”

Monique Long from the Jamaica Youth Advocacy Network led the training, which provided youth and adolescents with the skills and information necessary to tackle the different barriers affecting their health.

“Working with this diverse group of intelligent and energetic young people reminds me of why we say youth are the future. This training also reaffirms that youth right here and right now have the capacity and the will to do amazing things to change the world,” Ms Long said.

Asia and the Pacific is the region with the largest number of young people in the world. In the region, people are starting sex at an increasingly younger age and having multiple sex partners, placing young people at higher risk of HIV.

During the training, the participants stressed how many countries are not tailoring their programmes to young people. For example, India requires people under 18 years old to have parental consent for HIV and other sexual and reproductive health services. Comprehensive sexuality education is often not taught in schools. The low levels of HIV knowledge and discrimination faced in health-care settings further exacerbate the situation.

The PACT and UNAIDS have been working with governments and other partners in advocating for the revision and reform of age of consent laws. The training provided young people with the techniques and skills needed for prioritizing advocacy issues, mapping different stakeholders, crafting key advocacy messages and lobbying.

“UNAIDS knows that the future of the HIV response lies in the hands of young people,” said Aries Valeriano, Youth Officer at the UNAIDS Regional Support Team for Asia and the Pacific. “We are working hand in hand with youth organizations and community groups to break down the barriers that young people face and that keep them from staying healthy and productive.”

After completing the workshop, Ms Tripathi said she plans to start a community of advocates at her university to push for ending the age of consent laws in India. As Ms Tripathi received her completion certificate, she beamed. “The workshop helped to open my eyes on social activism,” she said. “I am so inspired and hope to really influence policies in my university and beyond.”

UNAIDS is working to ensure that the target in the 2016 United Nations Political Declaration on Ending AIDS of ensuring that 90% of young people have the skills, knowledge and capacity to protect themselves from HIV and have access to sexual and reproductive health services by 2020, in order to reduce the number of new HIV infections among adolescent girls and young women to below 100 000 per year, is met.

Region/country

Update

Populations affected by unjust criminal laws call to advance justice and health

21 July 2016

On 19 July, a workshop was hosted at the 21st International AIDS Conference, being held in Durban, South Africa. Entitled “Common at its core: understanding the linkages for challenging the impact of criminal law across population groups,” the workshop highlighted the common root causes of the misuse of criminal law against people living with HIV, sex workers and lesbian, gay, bisexual, transgender and intersex people, as well as in the context of abortion.

The discussions noted that unjust criminal laws against those populations are due to prejudice, gender inequality and discrimination. The participants stressed that punitive laws against key populations lead to serious human rights violations, exacerbate vulnerabilities to HIV and other health issues and affect efforts to end AIDS.

To address unjust laws, the participants called for building synergies among populations affected by them. This will allow experience-sharing on successful approaches in addressing criminalization and will enable the development of joint strategies. Examples of collaborations between communities to address their common health and human rights challenges were highlighted.

The discussions were concluded with a call for more collaboration in addressing the criminal law and its impact on specific populations, including in the context of HIV. This should build on efforts to expand strategic litigation and the engagement of lawmakers, the police and the judiciary to end injustice and advance health for all.

The event was organized by UNAIDS, the Office of the United Nations High Commissioner for Human Rights, Amnesty International and the Global Health Justice Partnership at Yale University.

Quotes

“Criminalization of sex work sends the message that sex workers are not seen as fit and worthy to enjoy rights. Sex workers experience serious forms of violence and abuse, often committed by police and law enforcement agents. These abusive laws and practices violate human rights obligations.”

Ruth Morgan Thomas Network of Sex Work Projects

“Restrictive legal regimes on abortions, including criminalization, do not reduce abortion rates but rather make them unsafe. These restrictions are rooted in societal norms that deny women’s agency and capacity to make decisions about their own lives.”

Lucinda O’Hanlon Adviser on Women's Rights, Office of the High Commissioner for Human Rights

"At its core, criminalization of specific populations, including lesbian, gay, bisexual and transgender people, is based on prejudice, fear and stigma. Criminal laws against our populations are ambiguous, unjust and used mainly as political and social tools to enforce heteronormative and patriarchal norms. We must join hand and build synergies among our communities and solidarity with other social justice movements to challenge these laws.”

Kene Esom Executive Director, African Men for Sexual Health and Rights

"The breakthrough at this conference is the shift towards intersectionality in our efforts to end the punitive and abusive laws against various populations. This emerging movement should be supported and strengthened as critical to advancing effective responses for dignity, health and justice for key populations.”

Edwin Bernard Global Coordinator, HIV Justice Network

Update

Activists call for ending unjust HIV criminalization

18 July 2016

On 17 July, some 200 people living with HIV, human rights activists and representatives of key populations gathered for a one-day meeting on challenging HIV criminalization under the title “Beyond blame: challenging HIV criminalization.” The event, a preconference meeting before the 21st International AIDS Conference, being held in Durban, South Africa, was organized by HIV Justice Worldwide, an international partnership of organizations, including the AIDS and Rights Alliance for Southern Africa, the Canadian HIV/AIDS Legal Network, the Global Network of People Living with HIV, the HIV Justice Network, the International Community of Women Living with HIV, the Positive Women’s Network USA and the Sero Project.

The event was an opportunity for people working to end unjust HIV criminalization in all regions of the world to share recent developments, successful approaches and challenges. It also mobilized participants on the urgency to address unjust HIV criminalization as a violation of human rights and serious barrier to efforts to scale up HIV prevention, treatment and care services.

The meeting heard individuals who have face HIV criminalization recount the far-reaching personal, social and legal impacts of unjust prosecution on their lives and that of their families. Lawyers and civil society activists who have led successful efforts against HIV criminalization, including in Australia, Canada, Kenya, Sweden and the United States of America, shared their experiences and approaches. HIV scientists and clinicians were called upon to become more involved in efforts to ensure that the application of the criminal law is consistent with best available evidence relating to risk, harm and proof in the context of HIV. Similarly, members of parliament and the judiciary were highlighted as key stakeholders whose understanding and engagement is central to efforts to end unjust HIV criminalization. 

Quotes

“HIV-related prosecutions are becoming increasingly commonplace. The evidence that criminalization as a public health strategy does not work is too plain to contest. It is our responsibility to end it.”

Patrick Herminie Speaker of the National Assembly of Seychelles

“HIV criminalization is profoundly bad policy. It is based on fear and outdated understanding of HIV risk and harm. Criminalization magnifies stigma and discrimination towards people living with HIV. People living with HIV have been at the forefront of efforts to end unjust criminalization and should be commended for their courage and commitment to justice.”

Justice Edwin Cameron Judge of the Constitutional Court of South Africa

“My life will not be the same after facing HIV criminalization. My 30 years working as a nurse and dedicated to saving lives have been erased. I have spent almost a year in prison. I have been branded a criminal and a killer even though I have harmed no one.”

Rosemary Namubiru Ugandan nurse

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Stigma and discrimination

Feature Story

Overcoming discriminatory barriers to health services

14 March 2014

Existing discriminatory laws, policies and practices as well as negative attitudes among health practitioners are some of the main obstacles impeding access to health services for many people.

This is one of the main conclusions coming out of a debate convened by UNAIDS on 11 March to explore how discriminatory barriers to health services affect different population groups including people living with HIV, undocumented migrants, transgender persons, and persons with disabilities.

For migrant people discrimination often starts at the point of departure, where pre-departure regulations can include mandatory testing for HIV, pregnancy and other health issues. To avoid these tests, migrants may opt for irregular channels of migration, thus becoming undocumented and unable to access health services.

For transgender persons, discrimination is embedded in the International Classification of Diseases, which considers transgender as a mental illness. In many countries, including more than 20 in Europe, transgender people are forced to go through sterilization before gender reassignment surgery in order to change their gender identity.

Speaking about the possible lack of understanding about transgender issues among the medical profession, Mauro Cabral from the Global Action for Trans Equality (GATE) stressed that, “ignorance cannot be an excuse anymore. Doctors must respect, and not judge, patients.”

Another common barrier identified was the perception among the general population in many countries that resources invested in health services are ‘wasted’ on such groups which many in society consider ‘less deserving’.

Monitoring and documenting discrimination was stressed as a strategy to generate evidence to address the problem. In this regard, the Stigma Index and Human Rights Count were highlighted as tools which have been successfully used to monitor discrimination against people living with HIV. For example, the Human Rights Count tool, revealed the practice of involuntary sterilizations of women living with HIV.

“When communities are given the space and opportunity to engage in human rights monitoring, the real obstacles of why people are not accessing health services can be identified and addressed,” said Chris Mallouris, community mobilization adviser at UNAIDS. “We must ensure that communities are at the centre of efforts to address discrimination. They must be there as equal partners,” he added.

The panel debate concluded with a sobering recognition of the long journey ahead to achieve zero discrimination. Participants recognized that action needs to be scaled up to overcome barriers to health services and that no one should be left behind if global health targets are to be achieved.

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