Punitive laws, policies and practices- Their impact on the HIV response I will give you a brief description

Punitive Laws, Policies and Practices More than 80 countries worldwide have laws prohibiting sex between men 51 countries impose restrictions on entry, stay or residence on the basis of HIV status 33% of countries have no protections against discrimination on the basis of HIV status http://www.unaids.org The International Labour Organization 2

Punitive Laws, Policies and Practices (2) Laws criminalizing sex work Prohibitions against being in possession of condoms Laws criminalizing premarital or extramarital sexual relations Criminalization of transgender behaviour or prohibiting homosexuality Laws punishing injecting drug users Partner notification Pre-marriage testing The International Labour Organization 3

Gender Inequality Increases Vulnerability to HIV Many countries have laws or customary practices that perpetuate gender inequalities in social and economic areas: divorce and child custody, inheritance, banking and credit regulations that restrict women’s ability to start their own businesses or own property Women are subjected to domestic violence, rape and sexual abuse in many societies where there are either no laws or where protective laws are not effectively enforced. The International Labour Organization 4

Gender Equality is Vital to the HIV Response Recommendation No. 200 notes that women and girls are at greater risk and more vulnerable to HIV infection and are disproportionately affected by the HIV pandemic compared to men as a result of gender inequality—therefore women’s empowerment is a key factor in the global HIV response Recommendation No. 200 calls upon member States to ensure gender equality and protections against harassment and violence in the workplace The International Labour Organization 5

HIV Testing and Screening Punitive laws and practices also include: Laws and regulations requiring applicants for certain jobs or occupations to be tested for HIV Compulsory HIV testing for workers already employed, as a condition for keeping their jobs Requiring migrant workers to be tested as a condition of migrating for employment Refusing entry into employment or occupation due to a positive HIV test result or terminating a worker who has tested positive The International Labour Organization 6

Disclosure of HIV status Discriminatory laws and practices could include: Laws and regulations requiring applicants for certain jobs or occupations to disclose their HIV status Revealing a worker’s HIV status to other co-workers Failure to maintain the confidentiality of personal medical data either in the application process or during a routine medical examination The International Labour Organization 7

What is the Impact of Punitive Laws, Policies and Practices? They increase stigma and discrimination They block access to prevention, treatment, care and support services for the persons concerned They prevent those affected from getting or keeping jobs that will allow them to support themselves and their families and access needed health services, including prevention and testing services The International Labour Organization

Discrimination Mandatory HIV testing/screening Breach of Human Rights violations in the workplace Discrimination Mandatory HIV testing/screening Breach of confidentiality Denial of insurance benefits Dismissal 9

To Create a Positive Environment Raise awareness of the impact of discrimination and remove punitive or discriminatory legislation Adopt non-discriminatory laws, which could include laws that specifically safeguard the rights of vulnerable populations Raise awareness of modes of HIV transmission to reduce HIV-related stigma and discrimination, especially against vulnerable groups Include representatives of the populations affected, to effectively address their concerns The International Labour Organization 10

The International Labour Organization Enforcement Develop affordable and easily accessible procedures Provide free or affordable legal services Provide training to raise awareness of the judicial authorities Train police and other law enforcement personnel and enact laws to ensure effective protection from police abuse The International Labour Organization 11

THANK YOU FOR YOUR ATTENTION http://www.ilo.org/public/english/protection/trav/aids/ The International Labour Organization