Annex Three: Key Messages for Various Settings and Institutions

Health Care

• The right to the highest attainable standard of health is a fundamental human right.

• Denying access to health care information and services to marginalized groups and people living with HIV/AIDS and their families further increases their vulnerability and isolation.

• Health care professionals and caregivers should provide care in a non-discriminatory manner.
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• Access to HIV/AIDS treatment is key to realizing the right to the highest attainable standard of health.

• Stigma and discrimination prevent people from accessing care. Evidence suggests that, even where antiretroviral therapy is available, many people do not access it, due to their fear of being identified as HIV-positive and/or as having specific lifestyles.

• Stigma and discrimination that prevent people living with HIV/AIDS from accessing safe and potable water, adequate sanitation, an adequate supply of safe food, nutrition and housing, increase the vulnerability of PLWHA and constitute a violation of the right to the highest attainable standards of health.

Education

• The right to education and the right to information are fundamental human rights.

• People living with HIV/AIDS should not be denied access to education because of their HIV status or that of their relatives.

• Young people and orphans infected and/or affected by HIV/AIDS have a right to education.

• Teaching mutual respect, human rights and tolerance are essential functions of the education system, and powerful tools for mitigating the impact of the HIV/AIDS epidemic.

• The HIV/AIDS epidemic is reversing hard-won gains in education in many countries, and having a profound impact on teachers, especially in Sub-Saharan Africa. A successful approach to fighting stigma and discrimination in education demands flexibility and creativity, to meet the challenges of a sector in flux.

Laws, Regulations and Policies

• Each State has a responsibility to respect, protect and fulfill the human rights principles, standards and norms.

• National constitutions or laws should expressly prohibit discrimination on the basis of HIV/AIDS status.

• Anti-discrimination laws and policies should be enacted to protect people living with HIV/AIDS and vulnerable populations.

• States should provide legal redress for acts or omissions that result in discrimination against people infected or affected by HIV/AIDS, as well as vulnerable populations.

• People and organizations should be encouraged to use mechanisms such as the International Human Rights Treaty system and national human rights mechanisms to protect the rights of people infected or affected by HIV/AIDS, and of vulnerable populations.

Faith-Based Organizations

• Faith-based organizations have, in some instances, reinforced stigma and accepted discriminatory acts by their own members against people living with HIV/AIDS and against vulnerable populations.

• These organizations are often the main providers of care and support to people living with HIV/AIDS.

• They can provide spiritual healing, faith and hope to individuals and their families.

• Faith-based organizations can influence communities by taking a stand when stigma or discrimination appears in the community.

• They are part of coping mechanisms at the community level. They should review their role and strengthen it as necessary.

Workplace

• The right to work is a fundamental human right.

• People have a right to equal opportunities and benefits in work, irrespective of their HIV status.

• Employers should not discriminate against their employees based on gender, race, sexual orientation or HIV status.

• People living with HIV/AIDS should have fair access to medical leave, absences from work on health grounds, a safe and enabling environment, and other pay benefit structures, including housing and travel.

• Compulsory HIV testing for employment, promotion, training, benefits or redundancy is a violation of the right to equal opportunities for all in the workplace.