Human Rights in the Global Response to HIV: Findings From the 2008 United Nations General Assembly Special Session Reports

Abstract

Every country in the world has made human rights-related commitments in relation to HIV, yet assessment of the extent to which HIV-related rights are indeed respected, protected and fulfilled remains relatively new. Civil society has, in some places, highlighted the strengths and shortcomings of government action, but attention to governments' own reports of their performance vis-à-vis their HIV-related human rights obligations offers an important and inadequately explored data source. We reviewed National Composite Policy Index data from 133 United Nations General Assembly Special Session Country Progress Reports and examined their narrative reports for text relating to human rights. 2008 National Composite Policy Index data show an increase in the number of countries reporting on human rights issues since 2006. These reports offer important information, even when they are internally inconsistent. Almost all reporting countries (94%) note that their national HIV policies explicitly mention the promotion and protection of human rights, yet only 22% of these countries report performance indicators to assess human rights compliance. In addition, 71% of countries report protective laws or regulations for vulnerable subpopulations, yet 63% of those same countries report the existence of laws or policies that hinder access to HIV services for vulnerable subpopulations. Because they include data that have been provided or approved by governments, the United Nations General Assembly Special Session Country Reports provide critical information to support national legal and policy reform and implementation of a human rights-based approach to HIV. By identifying shortcomings in the fulfillment of human rights, a refocusing of efforts is possible, which can aid both governments and civil society in achieving an effective and appropriate response to HIV through advocacy for and implementation of laws, policies and programs that support human rights.