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close this bookHandbook for Legislators on HIV/AIDS, Law and Human Rights - Action to Combat HIV/AIDS in view of its Devastating Human, Economic and Social Impact (UNAIDS, 1999, 152 p.)
View the document(introduction...)
Open this folder and view contentsCONTENT
View the documentEXECUTIVE SUMMARY
Open this folder and view contentsI. INTRODUCTION
Open this folder and view contentsII. BACKGROUND
Open this folder and view contentsIII. ANNOTATED INTERNATIONAL GUIDELINES
View the documentIV. CONCLUSION
Open this folder and view contentsANNEXES
View the documentENDNOTES


1 AIDS epidemic update, December 1998, UNAIDS and WHO.

2 The Business Response to HIV/AIDS: Innovation and Partnership, UNAIDS and Prince of Wales Business Leaders' Forum, Geneva and London, 1997, section 1, p. 9.

3 Speth JG., Human Rights and Sustainable Human Development, Management Development and Governance Division, Bureau for Development Policy, UNDP, November 1997 and Governance for Sustainable Human Development: UNDP Policy Document, January 1997.

4 Namibian Human Development Report: The Impact of HIV and AIDS in Namibia, UNDP with UNAIDS Cosponsors, 1997, Chapter 6.

5 The 30-year project which began in 1998 involves the use of 2,000 workers, usually single unaccompanied males living in barracks and 400-600 truckers -Confronting AIDS: Public Priorities in a Global Epidemic, A World Bank Policy Research paper, 1998, Box 1.3.


7 According to UNAIDS best practice means accumulating and applying knowledge about what is working or not working in AIDS prevention, care and support projects and programmes in different situations and contexts. It is the lessons learned, as well as the continuous process of learning, feedback, reflection and analysis of practices which are sound, ethical, effective, responsive and replicable. Collection, production, dissemination and promotion of such data enable it to be shared and lessons learnt before adaptation to other countries or regions.

8 Kimble M. A/g Assistant Secretary, Bureau of Oceans and International Environmental and Scientific Affairs, US State Department, speech entitled "Political Will in the Response to the AIDS Epidemic", to National Council on International Health, Washington D.C, 25 June 1998.

9 Logan D. The Business Response to HIV/AIDS: Innovation and Partnership, UNAIDS and the Prince of Wales Business Leaders' Forum, Geneva and London, 1997.

10 The Action Brief, UNAIDS, December 1998.

11 UNAIDS. Expanding the global response to HIV/AIDS through focused action -Reducing risk and vulnerability: definitions, rationale and pathways. Key Material, Best Practice Collection, 1998.

12 Commencement Address, Morgan State University, Baltimore, Maryland on 18 May 1998.

13 UNAIDS. The Action Brief, February 1999.

14 Personal communication with Rita Arauz, Fundacion Nimehuatzin, 9 June 1998.

15 The SHAKTI project of CARE funded by DFID.

16 In March 1996 a workshop sponsored by UNAIDS was held in New Delhi by the Parliamentarians' Forum for Human Development on AIDS: Approaches to Prevention - papers and proceedings edited by Dr N. Heptulla. A global conference, AIDS - Law and Humanity, was held by the Indian Law Institute in December 1995 in New Delhi, India which was opened by the President and Prime Minister, as well as several Cabinet Ministers.

17 AIDS workshops were held for 35 parliamentarians of the Population and Social Development Committee in September 1997 and August 1998 by the National Center for AIDS and STD Control funded by UNAIDS.

18 The Health Commission held an International Forum on HIV/AIDS and Legislative Challenge in Mexico for the Lower Chamber of the National Congress.

19 The Malawi Cabinet Sub-committee on HIV/AIDS has a Parliamentary Caucus for Women.

20 Whelan D. "Human Rights Approaches to an Expanded Response to Address Women's Vulnerability to HIV/AIDS" Health and Human Rights (1998) 3(1), 21 at 23.

21 Mann J. and Tarantola D. "Responding to HIV/AIDS: A Historical Perspective" Health and Human Rights (1998) 2(4), 5.

22 E/CN.4/1997/37.

23 1997/33.

24 1997/40.

25 HR/PUB/98/1.

26 Gostin L and Lazzarini L. Human Rights and Public Health in the AIDS Pandemic, Oxford University Press, New York, 1997, p. 4.

27 Adopted at the World Conference on Human Rights, A/CONE 157/24 (Part I), Chap. III. See also the Declaration on the Right to Development.

28 Craven MCR. The International Covenant on Economic, Social and Cultural Rights: A Perspective on its Development, Clarendon Press, Oxford, 1995, p. 109.

29 UN Commission on Human Rights Resolution 1996/44 and also Resolution 1995/21 of the Sub-Commission on the Prevention of Discrimination and Protection of Minorities.

30 Siracusa Principles E/CN.4/1984/4.

31 Sieghart P. AIDS and Human Rights: A UK Perspective, British Medical Foundation for AIDS, London, 1989.

32 This could include provincial/State as well as national representation in federal systems.

33 Connecting lower HIV infection rates with changes in sexual behaviour in Thailand, UNAIDS Case Study, June 1998.

34 Citizen, 23 October 1997.

35 Street J and Weale A. " Britain: Policy-making in a Hermetically Sealed System" in Kirp D. and Bayer R. (eds.) AIDS in the Industrialized Democracies - Passions, Politics and Policies, Rutgers University Press, New Brunswick, 1992, p. 185.

36 UNAIDS, Expanding the global response to HIV/AIDS through focused action, Key Material, Best Practice Collection, 1998.

37 Ibid., p.207.

38 Ballard J. "Australia: Participation and Innovation in a Federal System" ibid., p. 144

39 Marchant P. "The British Parliamentary Experience" speech to the Standing Conference of European Parliamentarians on HIV/AIDS, 19-20 May 1995, Barcelona, Spain, Conference Report, p. 80.

40 All-Party Parliamentary Group on AIDS, Annual Review, 1996, p.3.

41 Ibid and Annual Review 1995.

42 See Watchirs H. "Law Reform in Australia: The Legal Working Party, Intergovernmental Committee on AIDS" in Wiseberg L. Human Rights and HIV/AIDS: Effective Community Responses, Human Rights Internet (funded by UNAIDS), Ottawa, 1998

43 Wiseberg L. (ed.). Human Rights and HIV/AIDS: Effective Community Responses, Human Rights Internet (funded by UNAIDS), Ottawa, 1998.

44 Impetus for the initiative came from: senior national and regional officials; a realization that the epidemic was rapidly expanding as shown by dramatic sentinel surveillance findings; compelling evidence of the value of decentralization by the external assistance community; and pressure from a forum convened during the 3rd International Conference on AIDS in Asia and the Pacific in Chiang Mai. - Dr Wiwat Rojanapithayakorn and Mr P. Cox, "Interim Results of a Case Study from Northern Thailand - Governance and HIV, Decentralisation" presented at the 4th International Congress on AIDS in Asia and the Pacific, Manila, October 1997.

45 This being the first time that budget was provided to a programme not belonging to any government ministry.

46 Maatin A. Governance and HIV - A Discussion Paper, Second Draft, UNDP Regional Governance Facility, Islamabad 1997, pp. 5 and 13.

47 Turner K-. Governance and HIV, Report of a Joint Planning Meeting - UNDP Regional Project on HIV and Development for Asia and the Pacific and UNDP Sustainable Human Development Governance Resource Facility, July 1997, p.4.

48 Parnell B, Lie G, Hernandez JJ and Robins C. Development and the HIV Epidemic: A forward-looking evaluation of the approach of the UNDP HIV and Development Programme, June 1996, p.2.

49 Bagasao TM. "Moving Forward Through Community Response: Lessons Learned from HIV Prevention in Asia and the Pacific" Health and Human Rights (1998) 3(1), 9 at 15

50 UNAIDS Technical Update, Community Mobilization and AIDS, April 1997.

51 Bagasao, loc.cit.

52 The dynamic NGO community in the Philippines is assisted by the recognition of the importance of NGOs in the Constitution and other legislation, such as in the area of Local Government which provides for the participation of civil society on councils.

53 Aldaba F and Petilla J. "Interim Results of a Case Study from the Philippines-Governance and Hiy Government/Civil Society Interface" presented at the 4th International Congress on AIDS in Asia and the Pacific, Manila, October 1997.

54 O'Loughlin B and Murni S. Report on a Consultancy on the Involvement of People Living with HIV/AIDS in Policy and Programme Development in the Response to the HIV Epidemic in Asia and the Pacific, September 1997.

55 No. 238, Promotion, Protection and Defence of Human Rights in the face of AIDS, 6 December 1996

56 Personal communication with Rita Arauz, Fundacion Nimehuatzin, 9 June 1998.

57 Gonzalez-Martin F. "HIV/AIDS and Human Rights in Mexico" The Human Rights Brief, (1996) 3(3).

58 However, a 1995 law authorized mandatory testing of the army and police - in the former case, the national identity card has a seal placed on it indicating that a per-son was exempted from military service on the grounds of being HIV infected, which of course violates privacy: Tealdi, JC. loc. cit..

59 Feachem R. Valuing the past, investing in the future: Evaluation of the National HIV/AIDS Strategy 1993-94 and 1995-96, AGPS, 1995, Canberra.

60 Gostin LO, Webber DW. "HIV Infection and AIDS in the Pubic and Health Care Systems: The Role of Law and Litigation" Journal of the American Medical Association (1998), 279(14), 1108.

61 Agarwal, "The AIDS Prevention Bill 1989 - Defects and Effects", Supreme Court Journal (1990) 1,68.

62 International Federation of Red Cross and Red Crescent, and Francois-Xavier Bagnoud Center for Health and Human Rights, Harvard School of Public Health AIDS, Health and Human Rights: An Explanatory Manual, 1995, Part 1(2).

63 Fee E, Fox D. AIDS: The Burdens of History, University of California Press, Berkeley, 1988.

64 For example, the Indian 1989 Railways Act and 1990 Rules on Carriage of Passengers: Nayak RK. "HIV/AIDS Phenomenon in India: Problems, Policies and the Law" in Frankowski S. (ed.) Legal responses to AIDS in comparative perspective balancing individual rights and societal interests, Kluwer, 1998.

65 Akveld H, Hessing D. Dutch Legal Responses to AIDS in Frankowski, S. op. cit. p.300.

66 Dosa A. Legal Aspects of Combating AIDS in Hungary in Frankowski, S., op. cit. p.325.

67 In some countries different terminology is used for two types of obligatory testing. Mandatory testing is a precondition for obtaining a service or benefit. Compulsory testing is where a person has no choice in being tested and is required to provide a blood or other bodily fluid sample.

68 A Measure of Success in Uganda: The value of monitoring both HIV prevalence and sexual behaviour, UNAIDS Case Study, May 1998

69 Akveld H, Hessing D. loc. cit., p. 302

70 The blood supply is protected by legislation in countries such as Algeria, Austria, Chile, Colombia, Denmark, Germany, Greece, Hungary, Italy, Luxembourg, Mauritius, Norway, Spain, Switzerland, Turkey and Viet Nam - see WHO Directory of Legal Instruments Dealing with HIV/AIDS, op. cit.

7! Blood Safety and AIDS, UNAIDS Point of View, Best Practice Collection, October 1997.

72 Ibid.

73 World Bank Policy Research Report, op. cit, Box 4.2.

74 McFarland W, Kahn JG, Katzenstein DA, Mvere D, and Shamu R. "Deferral of blood donors with risk factors for HIV infection saves lives and money in Zimbabwe" Journal of AIDS and Human Retrovirology (1995) 9(2), 183-92.

75 Kumar S. Indian Supreme Court Demands Cleaner Blood Supply Lancet (1996) 347,114.

76 Tealdi JC. Responses to AIDS in Argentina: Law and Politics, Frankowski S. op. cit. p. 413.

77 ibid.. Box 2.2.

78 Gostin L, Curran WJ. The Limits of Compulsion in Controlling AIDS Hastings Center Report, December 1986, 16(6), 24 at 28-9.

79 Culpability refers to the extent to which an offender is morally accountable for their acts. Under the criminal law responsibility stems from both the act itself and the motive of the actor.

80 WorldAIDS, Panos Institute, March 1994 and AIDS and Young People: A Generation at Risk, Panos Media Briefing No. 4, July 1996.

81 Sullivan KM, Field M.A. AIDS and the Coercive Power of the State Harvard Civil Rights/Civil Liberties Law Review (1988) 23(1), 139.

82 Criminal Law and HIV/AIDS Panos Information Sheet, May 1997.

83 Wodak A. Health, HIV Infection, Human Rights, and Injecting Drug Use Health and Human Rights (1998) 2(4), 24 at 27.

84 Klomegah KK. Drug Use Fuels Epidemic in Russia, Panos News, 20 March 1998.

85 UNAIDS, Resource Guide for Theme Groups: Working together on HIV/AIDS, 1998, IV3.

86 Ibid.

87 Confronting AIDS, op. cit. , chapter 3.

88 Hurley SF, Jolley DG, Kalder, JM. Effectiveness of needle exchange programmes for prevention of HIV infection, Lancet (1997) 349 (9068), 1797-1800.

89 Ibid.

90 Communication No. 488/1991. Official Records of the General Assembly, Forty-Ninth Session, Supplement No. 40 (A/49/40), vol.11, annex IX EE, para. 8.5. The Federal Government in Australia overturned State legislation in Tasmania to implement the Human Rights Committee finding by the enactment of the Human Rights (Sexual Conduct) Act 1994.

91 McKenna N. On the Margins: Men who have sex with men in the developing world, Panos Institute in association with the Norwegian Red Cross, London, 1996.

92 The National Coalition for Gay and Lesbian Equality and Anon. v The Minister of Justice and Ors (9 October 1998) unreported decision of the Constitutional Court - see website at University of Witswatersrand Law School at http:/

93 Wherrett L, Talbot W. HIV/AIDS Prevention, Homosexuality and the Law, Discussion Paper, Intergovernmental Committee on AIDS, Legal Working Party, Australian Department of Community Services and Health, Canberra, February 1991.

94 E.g. The Netherlands in 1996

95 E.g. in some Latin American countries: Wijers M, Lap-Chew L. Trafficking in Women, Forced Labour and Slave-like Practices in Marriage, Domestic Labour and Prostitution, Foundation Against Trafficking in Women, the Netherlands, 1997, p. 153.

96 Bindman J. Redefining Prostitution as Sex Work on the International Agenda, Anti-Slavery International (with the participation of the Network of Sex Work Projects), London,1997.

97 Including where appropriate, translations which relate to the predominant ethnicity of clients and workers.

98 eg. Queensland, Australia.

99 Op. cit.. Chapter 2.

100 Education Means Protection of Women Engaged in Recreation.

101 Overs C, Longo P. Making Sex Work Safe, AHRTAG and Network of Sex Work Projects, London, 1997, p. 43.

102 Transnational AIDS/STD Prevention Among Migrant Prostitutes in Europe.

103 Ibid. pp. 40 and 71.

104 Singh S, Chowdhury S. A Dream, A Pledge, A Fulfilment: Five Years' Stint at Sonagachi 1992-97 All India Institute of Hygiene and Public Health, Calcutta.

105 Ibid. p. 9.

106 Ibid., p. 45.

107 Statement by UNAIDS to the UN Commission on Human Rights, April 1996.

108 In Costa Rica the Ministry of Health is required by law to provide health units in prisons with materials including disposable needles and syringes, testing kits, condoms and educational materials.

109 Foreman M. AIDS and Men: Taking Risks or Taking Responsibility, Panos and Zed Books, London, 1998.

110 AIDS and Detention: The Combat Against AIDS in Penitentiary Institutions in the Netherlands, 1995.

111 Canadian HIV/AIDS Legal Network and Canadian AIDS Society, HIV/AIDS in Prisons: Final Report, September 1996.

112 AIDS Advisory Committee, Review of HIV and AIDS in Prison, June 1995.

113 Tealdi JC. he. cit., pp. 382-384 and 393.

114 See D v. United Kingdom, European Court of Human Rights, 2 May 1997, Appl. No. 30240/96.

115 Norberry J, Chappell D. AIDS and Prisons, Trends and Issues Paper No. 21, Australian Institute of Criminology, December 1989.

116 Jurgens R. HIV/AIDS in Prisons: Final Report, Canadian HIV/AIDS Legal Network and Canadian AIDS Society, Montreal, September 1996.

117 UNAIDS Press Release, UNAIDS expresses sorrow over killing of South African AIDS-Activist, 5 January 1999.

118 Tealdi JC. Responses to AIDS in Argentina: Law and Politics in Frankowski, S. op. cit. p.388.

119 Oi-chu Lin. Community Campaign in the Fight Against Discrimination: the Hong Kong Experience in Human Rights Internet, op. cit., pp 12-14.

120 In the first stage an employer may only ask whether applicants can perform job-related functions. After a conditional offer of employment is made, the second stage occurs where all entering employees may be medically tested, but not selected applicants. The burden of the cost of general testing, the requirement to keep the results of such tests confidential and not to use such results except in accordance with the Act is thought to be a significant deterrent to HIV testing: Feldblum C. Disability Antidiscrimination Laws and HIV Testing of Health Care Providers in Courts, Health Science and the Law (1991) 2(1), 136 (Georgetown Medical and Law Centers).

121 The Australian definition used in the Disability Discrimination Act, 1992 is "the presence in the body of organisms capable of causing disease or illness".

122 Watchirs H. HIV/AIDS Discrimination and Privacy - the Need for Legislative Protection, in D.C. Jayasuriya (Ed.) HIV Law Ethics and Human Rights, UNDP Regional Project on HIV and Development, New Delhi, 1995.

123 In the Australian Capital Territory the law provides that circumstances will not be regarded as materially different because the discriminator has to provide differently for the HIV-positive person.

124 New South Wales, Australia.

125 eg. Attorney-General of Canada v. Thwaites T16299-3, 28 March 1994.

126 Seager J. The State of Women in the World Atlas, Penguin, London, 1997.

127 This consistency of age should not impact on the crime of paedophilia, whether heterosexual or homosexual in nature.

128 See D v. Council of Ministers, European Court of First Instance, 28 January 1999.T-262/97

129 E.g. the Danish Registered Partnership Act, 1989.

130 E.g. the Australian Capital Territory's Domestic Relationships Act, 1995.

131 HIV/AIDS: The Need for Privacy, October 1990.

132 Report of the Privacy and HIV/AIDS Working Party, Commonwealth of Australia, September 1992

133 Akveld H, Hessing D. loc. cit., p. 310.

134 Saito T. Japanese Legal Response to AIDS in Frankowski, S. (ed.) op. cit. p. 272.

135 Zv. Finland, 25 February 1997, Appl. No. 22009/93.

136 E.g. Jansen Van Vuuren v. Kruger (1993) 4 SA 842.

137 E.g. AB v. Scottish National Blood Transfusion Service (1990) SCLR 263.

138 Grimm G. Combating Discrimination Against AIDS Patients in Tanzania The Human Rights Brief (1997) 4(3), Center for Human Rights and Humanitarian Law, Washington College of Law, American University.

139 Even implied, such as under the duties of fidelity and good faith, to carry out their work in a skilful and competent manner, and exercise reasonable care not to cause injury or loss in the course of performing work.

140 E.g. California, Florida, Illinois, Texas, Massachusetts, Wisconsin and Tasmania (Australia).

141 Employees may be required to take zidovudine after a needlestick injury as part of their duty to mitigate damages, if this is considered reasonable, based on medical evidence as to its prophylactic value.

142 Jayasuriya DC. AIDS and Condoms, Institute of Comparative Health Policy and Law, Nawala, 1989.

143 Wiseberg L. (ed.), Human Rights and HIV/AIDS: Effective Community Responses, Human Rights Internet (funded by UNAIDS), Ottawa, 1998.

144 personal communication with Federico Hernandez, FASE, 12 May 1998.

145 Bianco M. President, FEIM (the Foundation for Women's Studies and Research) in Wiseberg L. (ed.). Human Rights and HIV/AIDS: Effective Community Responses, Human Rights Internet (funded by UNAIDS), Ottawa, 1998.

146 Zielinska E. Legal Responses to AIDS - A Polish Perspective in Frankowski, S. (ed.) op. cit.

147 Permitted Medical Experiments, International Tribunal of Nuremberg, in Trials of War Criminals before the Nuremberg Military Tribunals under Council Law No. 10, The Medical Case, Vols. I and II, Washington D.C., US Govt. Printing Office, 1950.

148 Recommendations Guiding Physicians in Biomedical Research Involving Humans, adopted at the 18th World Medical Assembly, as amended.

149 WHO Technical Report Series, No. 850, pp 97-137.

150 Beloqui J, Chokevivat V Collins C. HIV Vaccine Research and Human Rights: Examples from Three Countries Planning Efficacy Trials in Health and Human Rights (1998) 3(1), 39 at 49.

151 Alexander M. Information and Education Laws in Jayasuriya DC., op. cit., pp. 34-65.

152 Carrasco E, Coordinator ACCSI, "Providing Legal Aid and Advice on Human Rights and HIV/AIDS" in Wiseberg L. op. cit..

153 ACTIONAID and UNDP, Strategies for Hope -No. 11 Broadening the front: NGO responses to HIV and AIDS in India.

154 E.g. Holtzman M (ed.) Legal Services Directory for People with AIDS, Gay Men's Health Crisis and the American Bar Association Directory of Legal Resources for People with AIDS and HIV, AIDS Coordination Project, Washington.

155 E.g. the Gay Men's Health Crisis Volunteer Attorney Training Manual, the Whitman-Walker AIDS Advocacy Volunteer Attorney Practice Manual and a manual produced by the AIDS Project, Los Angeles.

156 Strode A et al HIV/AIDS and the Law: A Resource Manual, AIDS Law Project and Lawyers for Human Rights, University of Witswatersrand, South Africa, 1997.

157 Rubenfeld AR. AIDS Benchbook National Judicial College, American Bar Association, Reno, Nevada, 1991 - the College and the ABA also run training courses on AIDS and the courts.

158 E.g. Harris D. AIDS: A Guide to the Law, Terrence Higgins Trust, London, 1990 and Lambda Legal Defense and Education Fund, Inc. AIDS Legal Guide: A Professional Resource on AIDS-related Legal Issues and Discrimination, New York, 1989.

159 UNAIDS, Expanding the global response to HIV/AIDS through focused action - Reducing risk and vulnerability: definitions, rationale and pathways. Key Materials, Best Practice Collection, 1998.

160 Hannum J. AIDS in Nepal: Communities Confronting an Emerging Epidemic, AmFAR, Seven Stories Press, New York, 1997.

161 UNAIDS Women and AIDS: Point of View, October 1997.

162 UNAIDS, Gender and HIV/AIDS: Taking stock of research and programmes, Key Material, Best Practice Collection, March 1999, p. 31.

163 Ibid.

164 Policy Profile - HIV Prevention and Women's Rights: Working for One Means Working for Both, AIDScaptions, Vol. 11(3), May 1996.

165 UNAIDS, Gender and HIV/AIDS: Taking stock of research and programmes, Key Materials, Best Practice Collection, March 1999, p.29.

166 AIDScaptions, loc. cit.

167 UNAIDS, Gender and HIV/AIDS: Taking stock of research and programmes, Key Materials, Best Practice Collection, March 199, p.27.

168 UNAIDS, AIDS Five Years since ICPD: Emerging issues and challenges for women, young people and infants. Discussion Document, 1999.

169 UNFPA The State of the World Population the Right to Choose: Reproductive Rights and Reproductive Health - 1997, Chapter 2 and Special Report: Implementing the ICPD Programme of Action.

170 Women s Health - Using Human Rights to Gain Reproductive Freedom, Panos Media Briefing No.32, December 1998, p. 17.

171 McNamara R. Female Genital Health and the Risk of HIV Transmission, UNDP, Issues Paper 3, HIV and Development Programme, New York, November 1993.

172 UNAIDS, Gender and HIV/AIDS, Technical Update, September 1998.

173 UNAIDS, Gender and HIV/AIDS: Taking stock of research and programmes, Key Materials, Best Practice Collection, March 1999, p.26.

174 Foreman M. AIDS and Men - Old Problem, New Angle, Panos HIV/AIDS Briefing No. 6, December 1998.

175 AIDSCAP, Making prevention work: global lessons learned from the AIDS Control and Prevention Project, 1991-7, Arlington, VA.

176 Mane P. Women to Gender: From Rhetoric to Action in HIV/AIDS Prevention, Care, Support and Impact-Alleviation, paper presented to the AIDS IMPACT, Biopsychosocial Aspects of HIV infection, Third International Conference, June 1997, Melbourne, Australia.

177 UNAIDS, AIDS five years since ICPD: Emerging Issues and challenges for women, young people and infants. Discussion Document, 1999 pp 13-15.

178 UNAIDS Briefing Paper, 1999 World AIDS Campaign, Challenges for Latin America and the Caribbean, 25 February 1999.

179 UNAIDS, AIDS five years since ICPD: Emerging issues and challenges for women, young people and infants. Discussion Paper, 1999, p. 19.

180 Byrne, I. The Human Rights of Street and Working Children: A Practical Manual for advocates, Consortium for Street Children, UK, Intermediate Technology Publications, London, 1998.

181 Baker G, Knaul F, Vasconcelos A. Development as Empowerment: Brazilian Project Offers Passage to a Better Life for Street Girls Passages, (1991) 10(4), International Center on Adolescent Fertility, 3-6.

182 A similar process of research, consultation, review and reform was held in 1993 by the National Inquiry into the Human Rights of People with Mental Illness also conducted by HREOC.

183 AIDS Education through Imams: A spiritually motivated community effort in Uganda, UNAIDS and Islamic Medical Association of Uganda, UNAIDS Best Practice Collection, Geneva, UNAIDS, 1998.

184 WHO, UNICEF, UNDP, USAID, and World Learning Inc..

185 Using the analogy of food - teaching responsible eating prevents food being used in a harmful way.

186 Saito T. Japanese Responses to AIDS in Frankowski S, op. cit., p. 250.

187 Another workshop is planned for December 1999 - January 2000: personal communication with Mandeep Dhaliwal, Project Coordinator, 22 April 1999.

188 HIV/AIDS Related Discrimination Health Care Worker Project, School of Medical Education, prepared for the National AIDS Campaign, Department of Human Services and Health, AGPS, Canberra, August 1994.

189 Kippax S, Tillett G, Crawford J, Cregan J. Discrimination in the Context of AIDS: Disease and Deviance, Macquarie University AIDS Research Unit, written for the Australian Department of Community Services and Health, July 1991.

190 HIV/AIDS Related Discrimination PLWHA Project Report, prepared for the Department of Human Services and Health, December 1994

191 McConachy D, Booker N. HIV/AIDS Related Discrimination: PLWHA Evaluation Report, prepared for the Australian National AIDS Campaign, Department of Human Services and Health, AGPS, Canberra, July 1994.

192 Lenehan, Lynton, Bloom, Blaxland. Research into HIV/AIDS Related Discrimination, prepared for the Australian Department of Human Services and Health, AGPS, Canberra, October 1994

193 See Putting HIV/AIDS on the business agenda, UNAIDS, Point of View, November 1998.

194 HIV/AIDS and the Law: A Resource Manual, AIDS Law Project and Lawyers for Human Rights, University of Witwatersrand, South Africa, May 1997, Appendix 2.

195 Ministry of Labour, Republic of Namibia, National Code of HIV/AIDS and Employment, August 1996.

196 Saito T. Japanese Legal Responses to AIDS loc. cit., p. 255-6.

197 The Business Response to HIV/AIDS: Innovation and Partnership, UNAIDS and the Prince of Wales Business Leaders Forum, 1998, p.35.

198 Ibid., p. 37.

199 UN Centre for Human Rights, National Human Rights Institutions, Professional Training Series No. 4, Geneva, 1995

200 UNAIDS, Resource Guide for Theme Groups: Working together on HIV/AIDS, 1998, III.9

201 Ibid.

202 Jayasuriya, DC. HIV Law and Law Reform in Asia and the Pacific, UNDP, India, September 1995.

203 Whelan D. International Center for Research on Women A Human Rights Approach to Reducing Women's Vulnerability to HIV/AIDS paper presented to the XIIth International Conference on AIDS, Geneva, July 1998.

204 UN Institute for Training and Research (UNITAR) and the UN Center for Human Rights, 1997.

205 Ibid.

206 See Family Health International/AIDSCAP, AIDS in Kenya: Socioeconomic Impact and Policy Implications, 1996.

207 Black B. HIV/AIDS and the Church: Kenyan Religious Leaders Become Partners in Prevention AIDScaptions, June 1997, p. 23.

208 The Action Brief, UNAIDS, November 1998.

209 Microbicides for HIV prevention, UNAIDS Technical Update, April 1998.

210 The public health approach to STD control, UNAIDS, Technical Update, May 1998.

211 HIV-related opportunistic diseases, UNAIDS, Technical Update, October 1998.

212 See Access to drugs, UNAIDS Technical Update, October 1998 and Nine Guidance Modules on Antiretroviral Treatments, WHO, Geneva, 1998.

213 Confronting AIDS: Public Priorities in a Global Epidemic, A World Bank Policy Research Report, Oxford University Press, 1997, Chapter 1.

214 Council for International Organizations of Medical Science.

215 para 33, Denver Summit of the G8 Nations, Communique, 22 June 1997.

216 IAVI Newsletter, Spring 1998, p.2. (

217 Connor EM, Sperling RS, Gelber R, et al "Reduction of maternal-infant transmission of HIV-type 1 with zidovudine treatment", (1994) New England Journal of Medicine 331: 1173-1180.

218 UNAIDS Press Release, Geneva, 29 June 1998. Glaxo Wellcome announced in March 1998 that it will provide AZT at substantially reduced cost to HIV-positive pregnant women in developing countries.

What is the IPU?

The Inter-Parliamentary Union (IPU) is the world organisation of Parliaments of sovereign States. It is the focal point for world-wide parliamentary dialogue and works for peace and co-operation among peoples and for the firm establishment of representative institutions.

To that end, it fosters contacts, co-ordination, and the exchange of experience among Parliaments and parliamentarians of all countries; it considers questions of international interest and expresses its views on such issues with the aim of bringing about action by Parliaments and parliamentarians; it contributes to the defence and promotion of human rights, which are universal in scope and respect for which is an essential factor of parliamentary democracy and development; and it contributes to better knowledge of the working of representative institutions and to the strengthening and development of their means of action.

The IPU supports the efforts of the United Nations, whose objectives it shares, and works in close co-operation with it. In this regard, the IPU has concluded co-operation agreements with the UN and some of its specialised agencies. It also co-operates with regional inter-parliamentary organisations, as well as with international intergovernmental and non-governmental organisations which share the same ideals.

As of 11 October 1999, 139 national parliaments were Members of the IPU. Five international parliamentary assemblies were Associate Members.

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The Joint United Nations Programme on HIV/AIDS (UNAIDS) is the leading advocate for global action on HIV/AIDS. It brings together seven UN agencies in a common effort to fight the epidemic: the United Nations Children's Fund (UNICEF), the United Nations Development Programme (UNDP), the United Nations Population Fund (UNFPA), the United Nations International Drug Control Programme (UNDCP), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the World Health Organization (WHO) and the World Bank.

UNAIDS both mobilizes the responses to the epidemic of its seven cosponsoring organizations and supplements these efforts with special initiatives. Its purpose is to lead and assist an expansion of the international response to HIV on all fronts: medical, public health, social, economic, cultural, political and human rights. UNAIDS works with a broad range of partners - governmental and NGO, business, scientific and lay-to share knowledge, skills and best practice across boundaries.

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