international obligations – venkatesh nayak commonwealth human rights initiative human rights and...

International ObligationsInternational Obligations

– – Venkatesh NayakVenkatesh Nayak

Commonwealth Human Rights InitiativeCommonwealth Human Rights Initiative

Human RightsHuman Rights

andand

AddressingAddressing HIV/AIDS HIV/AIDS

HIV/AIDS and Social Stigma HIV/AIDS and Social Stigma In addition to the disease, HIV/AIDS infected people In addition to the disease, HIV/AIDS infected people suffer due to –suffer due to –

Graphics courtesy : Australian Department of Health/AVERTGraphics courtesy : Australian Department of Health/AVERT

DiscriminationDiscrimination

Harassment and threats to lifeHarassment and threats to life

Lack of proper health careLack of proper health care

Marginalisation & abandonment Marginalisation & abandonment

Voicelessness Voicelessness

Lack of access to justiceLack of access to justice

DenialDenial

Millennium DeclarationMillennium Declaration

• to have by then to have by then (the year 2015)(the year 2015) halted and begun to halted and begun to reverse the spread of HIV/AIDS reverse the spread of HIV/AIDS (Art. 19)(Art. 19)

““We resolve furtherWe resolve further

• to provide special assistance to children orphaned by to provide special assistance to children orphaned by AIDS AIDS (Art. 19)(Art. 19)

• to help Africa build up its capacity to tackle the spread to help Africa build up its capacity to tackle the spread of the HIV/AIDS pandemic…” of the HIV/AIDS pandemic…” (Art. 28)(Art. 28)

Source: Resoultion adopted by 190+ member countries of the UN Source: Resoultion adopted by 190+ member countries of the UN at the Millennium Session in September 2000at the Millennium Session in September 2000

Millennium Development GoalsMillennium Development Goals

Goal # 6Goal # 6 Combat HIV AIDS…Combat HIV AIDS…

• Decrease in the HIV prevalence amongst pregnant Decrease in the HIV prevalence amongst pregnant women in the age group of 15-24 yearswomen in the age group of 15-24 years

• Increase in the prevalence of contraceptionIncrease in the prevalence of contraception

Millennium DeclarationMillennium Declaration adopted by 190+ member countries adopted by 190+ member countries of the UN at the Millennium Session in September 2000of the UN at the Millennium Session in September 2000

Progress Indicators –Progress Indicators –

• Decrease in the number of children orphaned by Decrease in the number of children orphaned by HIV/AIDSHIV/AIDS

UN Special Session on HIV/AIDSUN Special Session on HIV/AIDS

Declaration of Commitment on HIV/AIDSDeclaration of Commitment on HIV/AIDS adopted by 190+ member countries adopted by 190+ member countries at the 26at the 26thth Special Session of the General Assembly in June 2001 Special Session of the General Assembly in June 2001

• Establish time bound national targets in line with MDGEstablish time bound national targets in line with MDG (by 2003)(by 2003)

For Prevention –For Prevention –

• Establish and implement prevention and care programmes in Establish and implement prevention and care programmes in private, public & informal work sectorsprivate, public & informal work sectors (by 2005)(by 2005)

• Implement universal precautions in health-care settings to Implement universal precautions in health-care settings to prevent transmission of HIV infectionprevent transmission of HIV infection (by 2003)(by 2003)

• Ensure that young men and women (15-24 years) have access Ensure that young men and women (15-24 years) have access to information, education and services necessary to develop to information, education and services necessary to develop the life skill required to reduce their vulnerability to HIV/AIDS the life skill required to reduce their vulnerability to HIV/AIDS (by 2005- 90% by 2010 95% )(by 2005- 90% by 2010 95% )

• Reduce proportion of infected infants Reduce proportion of infected infants (by 2005- 20% by 2010 – 50% )(by 2005- 20% by 2010 – 50% )


This must be done by ensuring that –This must be done by ensuring that –

80% of pregnant women receiving antenatal health care 80% of pregnant women receiving antenatal health care have access to prevention related information, education have access to prevention related information, education and services andand services and

Infected women have access to effective treatment to Infected women have access to effective treatment to reduce mother to child transmission riskreduce mother to child transmission risk

• Ensure that a wide range of prevention programmes are in place in all countries, particularly the most affected (by (by 2005)2005) taking account of local circumstances, ethics and cultural

values information, education and communication must be in

languages most understood by communities and respectful of cultures

Essential commodities like condoms, sterile injecting equipment, safe blood supplies etc. must be made available


For care, support and treatment –For care, support and treatment –

• Develop national strategies supported by regional and Develop national strategies supported by regional and international strategiesinternational strategies in collaboration with international in collaboration with international community community (by 2003)(by 2003)

• Strengthen health care systems and address factors Strengthen health care systems and address factors affecting the provision of HIV-related drugs, including anti-affecting the provision of HIV-related drugs, including anti-retroviral drugs, retroviral drugs, inter aliainter alia affordability and pricing, including affordability and pricing, including differential pricing, and technical and health care systems differential pricing, and technical and health care systems capacitycapacity (by 2003)(by 2003)

• Develop and make significant progress in implementing Develop and make significant progress in implementing comprehensive care strategies to: strengthen family and comprehensive care strategies to: strengthen family and community-based care including that provided by the community-based care including that provided by the informal sector, and health care systems to provide and informal sector, and health care systems to provide and monitor treatment to people living with HIV/AIDS, including monitor treatment to people living with HIV/AIDS, including infected children infected children (by 2005)(by 2005)


For care, support and treatment –For care, support and treatment –

• Support individuals, households, families and communities Support individuals, households, families and communities affected by HIV/ AIDS; affected by HIV/ AIDS; (by 2005)(by 2005)

• Improve the capacity and working conditions of health care Improve the capacity and working conditions of health care personnel, and the effectiveness of supply systems, personnel, and the effectiveness of supply systems, financing plans and referral mechanisms required to provide financing plans and referral mechanisms required to provide access to affordable medicines, including anti-retroviral access to affordable medicines, including anti-retroviral drugs, diagnostics and related technologies, as well as drugs, diagnostics and related technologies, as well as quality medical, palliative and psycho-social care quality medical, palliative and psycho-social care (by 2005)(by 2005)

• Ensure that national strategies are developed in order to Ensure that national strategies are developed in order to provide psycho-social care for individuals, families, and provide psycho-social care for individuals, families, and communities affected by HIV/AIDS communities affected by HIV/AIDS (by 2003)(by 2003)

Abuja Declaration and Framework for Action Abuja Declaration and Framework for Action for the Fight against HIV/AIDS… (2001)for the Fight against HIV/AIDS… (2001)

• We consider AIDS as a State of Emergency…We consider AIDS as a State of Emergency…

• We pledge to set a target of allocating at least 15% of our We pledge to set a target of allocating at least 15% of our annual budget to the improvement of the health sectorannual budget to the improvement of the health sector

““We solemnly declare as follows – We solemnly declare as follows –

• We commit ourselves to take all necessary measures to We commit ourselves to take all necessary measures to ensure that the needed resources are made available from ensure that the needed resources are made available from all sources and that they are effectively utilisedall sources and that they are effectively utilised

• We resolve to enact and utilise appropriate legislation and We resolve to enact and utilise appropriate legislation and international trade regulations to ensure the availability of international trade regulations to ensure the availability of drugs at affordable prices and technologies for treatment, drugs at affordable prices and technologies for treatment, care and prevention of HIV/AIDS…”care and prevention of HIV/AIDS…”

Nassau Declaration on Health 2001Nassau Declaration on Health 2001

Cognizant of the critical role of health in the economic Cognizant of the critical role of health in the economic development of our people and overawed by the prospect that development of our people and overawed by the prospect that our current health problems especially HIV/AIDS may impede our current health problems especially HIV/AIDS may impede such development through the devastation of our human such development through the devastation of our human capital…capital…

……mandate that the Regional Strategic Plan on HIV/AIDS be mandate that the Regional Strategic Plan on HIV/AIDS be revised and expanded to ensure that the Pan-Caribbean revised and expanded to ensure that the Pan-Caribbean Partnership (PANCAP) benefit fully from the availability of Partnership (PANCAP) benefit fully from the availability of regional and global funds by 1 December 2001, especially in regional and global funds by 1 December 2001, especially in the context of the general targets established by the United the context of the general targets established by the United Nations Special Session on HIV/AIDS…”Nations Special Session on HIV/AIDS…”

““We the Heads of Govt. of CARICOM – We the Heads of Govt. of CARICOM –

EU – Accelerated Action on HIV/AIDS …EU – Accelerated Action on HIV/AIDS …In the context of Poverty ReductionIn the context of Poverty Reduction

European Commission to prioritise health, AIDS and European Commission to prioritise health, AIDS and population (HAP) interventions during 2002-2006population (HAP) interventions during 2002-2006

HAP allocation was 8% of total budget in 2000 (€ 800 HAP allocation was 8% of total budget in 2000 (€ 800 million). This will be progressively increasedmillion). This will be progressively increased

European community will assist developing countries… European community will assist developing countries… to develop high quality local production of key to develop high quality local production of key pharmaceuticals many of which are off patent and pharmaceuticals many of which are off patent and could be produced immediatelycould be produced immediately

Build capacity of developing countries in prevention Build capacity of developing countries in prevention and tackling of communicable diseases like HIV/AIDSand tackling of communicable diseases like HIV/AIDS

Source : Commission of the European Communities, 2001Source : Commission of the European Communities, 2001

UNESCAP UNESCAP (2003)(2003)Regional Call for Action Against AIDSRegional Call for Action Against AIDS

Respond to the HIV/AIDS pandemic with political Respond to the HIV/AIDS pandemic with political commitment at the highest decision-making levelscommitment at the highest decision-making levels

Australia, the Fiji Islands, India, Sri Lanka and the UK are membersAustralia, the Fiji Islands, India, Sri Lanka and the UK are members

Mainstream HIV/AIDS into national economic and social Mainstream HIV/AIDS into national economic and social development planningdevelopment planning

Generate adequate resources, both through domestic Generate adequate resources, both through domestic resource mobilization and by encouraging donors to resource mobilization and by encouraging donors to make concrete efforts towards the target of 0.7 per make concrete efforts towards the target of 0.7 per cent of GNP for ODAcent of GNP for ODA

Promote policies that prevent the spread of HIV/ AIDS Promote policies that prevent the spread of HIV/ AIDS through high-risk behaviour and improve access to through high-risk behaviour and improve access to affordable care and treatmentaffordable care and treatment

UNESCAP UNESCAP (2003)(2003)Regional Call for Action Against AIDSRegional Call for Action Against AIDS

Support action to address the gender-specific Support action to address the gender-specific dimensions of the epidemicdimensions of the epidemic

Improve the accessibility by, and availability for, the Improve the accessibility by, and availability for, the poor of antiretroviral and other life-saving drugspoor of antiretroviral and other life-saving drugs

Strengthen support for children living with HIV/AIDS, Strengthen support for children living with HIV/AIDS, orphans of parents who have died of AIDS-related orphans of parents who have died of AIDS-related illnesses and older persons affected by the death of illnesses and older persons affected by the death of adult offspring as a result of HIV/AIDSadult offspring as a result of HIV/AIDS

Promote the implementation of comprehensive Promote the implementation of comprehensive interventions for HIV prevention among drug users, interventions for HIV prevention among drug users, together with drug abuse prevention strategiestogether with drug abuse prevention strategies

HIV/AIDS and Human RightsHIV/AIDS and Human Rights

So what do HIV/AIDS infected people need?So what do HIV/AIDS infected people need?

1.1. Highest attainable standard of physical and Highest attainable standard of physical and mental healthmental health

Already recognised as a human right in the Universal Already recognised as a human right in the Universal Declaration of Human Rights – UDHR Declaration of Human Rights – UDHR (Art. 25)(Art. 25) in 1948 and in 1948 and guaranteed by the International Covenant on Economic, Social guaranteed by the International Covenant on Economic, Social and Cultural Rights -ICESCR and Cultural Rights -ICESCR (Art. 12) (Art. 12) in 1966, CEDAW in 1966, CEDAW (Art. 11, 12 & (Art. 11, 12 &

14)14) in 1979 and Child Rights Charter in 1979 and Child Rights Charter – CRC – CRC (Art. 23 & 24) (Art. 23 & 24) 19891989

2.2. Life, liberty and security of the person and Life, liberty and security of the person and freedom from torture, inhuman and degrading freedom from torture, inhuman and degrading treatmenttreatment

Already recognised in the UDHR Already recognised in the UDHR (Art. 3&5)(Art. 3&5) in 1948 and in 1948 and guaranteed by the International Covenant on Civil and Political guaranteed by the International Covenant on Civil and Political Rights Rights (Art. 6, 7 & 9) (Art. 6, 7 & 9) in 1966, CEDAW in 1979 and CRCin 1966, CEDAW in 1979 and CRC (Art. 6, 9, 11, (Art. 6, 9, 11,

37) 37) 1989 and the Convention Against Torture in 19841989 and the Convention Against Torture in 1984



3. 3. Non-discrimination, equality and equal Non-discrimination, equality and equal protection of the lawprotection of the law

4. Privacy4. Privacy

Already recognised as a human right in the Universal Already recognised as a human right in the Universal Declaration of Human Rights Declaration of Human Rights (Art. 6-11 & 26)(Art. 6-11 & 26) in 1948 and in 1948 and guaranteed by the ICCPR guaranteed by the ICCPR (Art. 14 - 16) (Art. 14 - 16) in 1966, the ICESCR in 1966, the ICESCR (Art. 3)(Art. 3) in in 1966 CEDAW 1966 CEDAW (Art. 15 )(Art. 15 ) in 1979 and Child Rights Charter in 1979 and Child Rights Charter (Art. 40) (Art. 40)

19891989

Already recognised as a human right in the Universal Already recognised as a human right in the Universal Declaration of Human Rights Declaration of Human Rights (Art. 12)(Art. 12) in 1948 and guaranteed by in 1948 and guaranteed by the ICCPR the ICCPR (Art. 17) (Art. 17) in 1966, CEDAW in 1979 and Child Rights in 1966, CEDAW in 1979 and Child Rights CharterCharter (Art. 16) (Art. 16) 19891989



5. 5. To be able to move about without harassmentTo be able to move about without harassment

6. To be able to marry and have a family6. To be able to marry and have a family

Already recognised as a human right in the Universal Already recognised as a human right in the Universal Declaration of Human Rights Declaration of Human Rights (Art. 13)(Art. 13) in 1948 and guaranteed by in 1948 and guaranteed by the ICCPR the ICCPR (Art. 12) (Art. 12) in 1966, CEDAW in 1979 and Child Rights in 1966, CEDAW in 1979 and Child Rights CharterCharter 19891989

Already recognised as a human right in the Universal Already recognised as a human right in the Universal Declaration of Human Rights Declaration of Human Rights (Art. 16)(Art. 16) in 1948 and guaranteed by in 1948 and guaranteed by the ICCPR the ICCPR (Art. 23)(Art. 23) & the ICESCR & the ICESCR (Art. 10) (Art. 10) in 1966, CEDAW in 1966, CEDAW (Art. 16)(Art. 16) in in 19791979



7. 7. To be able to work to earn a livingTo be able to work to earn a living

8. To be able to express oneself and seek and 8. To be able to express oneself and seek and receive informationreceive information

Already recognised as a human right in the Universal Already recognised as a human right in the Universal Declaration of Human Rights Declaration of Human Rights (Art. 23)(Art. 23) in 1948 and guaranteed by in 1948 and guaranteed by the ICESCR the ICESCR (Art. 6) (Art. 6) in 1966, CEDAW in 1966, CEDAW (Art. 11)(Art. 11) in 1979 in 1979

Already recognised as a human right in the Universal Already recognised as a human right in the Universal Declaration of Human Rights Declaration of Human Rights (Art. 19)(Art. 19) in 1948 and guaranteed by in 1948 and guaranteed by the ICCPR the ICCPR (Art. 19) (Art. 19) in 1966, CEDAW in 1979 and Child Rights in 1966, CEDAW in 1979 and Child Rights CharterCharter (Art. 13) (Art. 13) 19891989



9. 9. To be able to join associations of one’s To be able to join associations of one’s choicechoice

10. To be able to have access to education 10. To be able to have access to education without being discriminated againstwithout being discriminated against

Already recognised as a human right in the Universal Already recognised as a human right in the Universal Declaration of Human Rights Declaration of Human Rights (Art. 20)(Art. 20) in 1948 and guaranteed by in 1948 and guaranteed by the ICCPR the ICCPR (Art. 22) (Art. 22) in 1966, CEDAW in 1966, CEDAW (Art. 7)(Art. 7) in 1979 and Child in 1979 and Child Rights CharterRights Charter (Art. 15) (Art. 15) 19891989

Already recognised as a human right in the Universal Already recognised as a human right in the Universal Declaration of Human Rights Declaration of Human Rights (Art. 26)(Art. 26) in 1948 and guaranteed by in 1948 and guaranteed by the ICESCR the ICESCR (Art. 13 & 14) (Art. 13 & 14) in 1966, CEDAW in 1966, CEDAW (Art. 10)(Art. 10) in 1979 and in 1979 and Child Rights CharterChild Rights Charter (Art. 28) (Art. 28) 19891989



11. 11. To have social security, assistance and To have social security, assistance and welfarewelfare

12. To be able to participate in public affairs 12. To be able to participate in public affairs and cultural life and have access to public and cultural life and have access to public serviceservice

Already recognised as a human right in the Universal Already recognised as a human right in the Universal Declaration of Human Rights Declaration of Human Rights (Art. 22)(Art. 22) in 1948 and guaranteed by in 1948 and guaranteed by the ICESCR the ICESCR (Art. 9) (Art. 9) in 1966, CEDAW in 1966, CEDAW (Art. 11)(Art. 11) in 1979 and Child in 1979 and Child Rights CharterRights Charter (Art. 26) (Art. 26) 19891989

Already recognised as a human right in the Universal Already recognised as a human right in the Universal Declaration of Human Rights Declaration of Human Rights (Art. 27)(Art. 27) in 1948 and guaranteed by in 1948 and guaranteed by the ICCPR the ICCPR (Art. 25)(Art. 25) & the ICESCR & the ICESCR (Art. 15) (Art. 15) in 1966, CEDAW in 1966, CEDAW (Art. 11)(Art. 11) in in 1979 and Child Rights Charter1979 and Child Rights Charter 19891989



13. 13. To be able to share in scientific To be able to share in scientific advancements and benefitsadvancements and benefits

In short - the right to live with dignityIn short - the right to live with dignity

Already recognised as a human right in the Universal Already recognised as a human right in the Universal Declaration of Human Rights Declaration of Human Rights (Art. 27)(Art. 27) in 1948 and guaranteed by in 1948 and guaranteed by the ICESCR the ICESCR (Art. 15) (Art. 15) in 1966, CEDAW in 1979 and Child Rights in 1966, CEDAW in 1979 and Child Rights CharterCharter 19891989

Already recognised as a human right all international and Already recognised as a human right all international and regional human rights instrumentsregional human rights instruments

Ratification Status of TreatiesRatification Status of Treaties

AustraliaAustralia

Fiji IslandsFiji Islands

IndiaIndia

JamaicaJamaica

Sri LankaSri Lanka

United KingdomUnited Kingdom

UgandaUganda

CanadaCanada

CountryCountry ICCPRICCPR ICESCRICESCR CEDAWCEDAW CRCCRC CATCATRatifiedRatified

RatifiedRatified

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AccededAcceded

RatifiedRatified

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RatifiedRatified

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AccededAcceded

RatifiedRatified

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AccededAcceded

AccededAcceded

RatifiedRatified

RatifiedRatified

RatifiedRatified

RatifiedRatified

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RatifiedRatified

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AccededAcceded

RatifiedRatified

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SignedSigned

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AccededAcceded

AccededAcceded

RatifiedRatified

Status as of November 2004Status as of November 2004

Source: OHCHR WebsiteSource: OHCHR Website

Rights Based Approach: Rights Based Approach: the right approachthe right approach

““Realization of human rights and fundamental freedoms Realization of human rights and fundamental freedoms for all is essential to reduce vulnerability to HIV/AIDSfor all is essential to reduce vulnerability to HIV/AIDS

Respect for the rights of people living with HIV/AIDS Respect for the rights of people living with HIV/AIDS drives an effective response”drives an effective response”

Declaration of Commitment on HIV/AIDS adopted by 190+ member countries Declaration of Commitment on HIV/AIDS adopted by 190+ member countries at the 26at the 26thth Special Session of the General Assembly in June 2001 Special Session of the General Assembly in June 2001

Fundamental goal and Fundamental goal and underlying principle of underlying principle of human rightshuman rights

to secure a dignified life to secure a dignified life for all human beingsfor all human beings

““recognition of the inherent dignity and of the equal and recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”the foundation of freedom, justice and peace in the world”

(Opening Statement of the UDHR, 1948)(Opening Statement of the UDHR, 1948)

Rights Based Approach: Rights Based Approach: What can Parliamentarians do ?What can Parliamentarians do ?

Voice, within Parliament, the concerns of people you representVoice, within Parliament, the concerns of people you represent

Ensure proper legislations in tune with international Ensure proper legislations in tune with international commitments and obligations are in placecommitments and obligations are in place

Ensure adequate budgetary allocations are madeEnsure adequate budgetary allocations are made

Ensure funds allocated are well spent on the deservingEnsure funds allocated are well spent on the deserving

Hold the executive accountable in ParliamentHold the executive accountable in Parliament

Legislate for putting systems in place that ensure speedy Legislate for putting systems in place that ensure speedy access to justice when the rights of HIV/AIDS affected people access to justice when the rights of HIV/AIDS affected people are violatedare violated

“I will give you a talisman… Recall the

face of the poorest and weakest man

whom you may have seen, and ask

yourself if the step you contemplate is

going to be of any use to him. Will he

gain anything by it? Will it restore him

to a control over his own life and

destiny? … Then you will find your

doubts and yourself melting away.”

When in doubt When in doubt

use use

The Talisman The Talisman

Thank you

international obligations – venkatesh nayak commonwealth human rights initiative human rights and...

Documents

hivaids slide

spread of hivaids

hivaids pandemic

hivaids infected people

infected women

millennium session

hiv prevalence

pregnant women