INTRODUCTION

It is an increasingly acknowledged reality today that throughout the world those most deeply affected by the HIV epidemic are also the most severely disadvantaged, whether on grounds of race, economic status, age, sexual orientation or gender. As in the case of most other stigmatized health conditions such as tuberculosis, cholera and plague, fundamental structural inequalities, social prejudices and social exclusion explain why women, children, sexual minorities and people of color are disproportionately impacted by AIDS and the accompanying stigma and discrimination. The nearly two decade old global history of the HIV epidemic reinforces yet again the well documented interaction of disease, stigma and `spoiled‟ social identities based on race, ethnicity, sexuality and so on.

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The strong linkages established early on of HIV/AIDS with gay men and other so called `risk groups‟, seem to have blinded social researchers and others to the factors of racial, class and gender relations that frame AIDS as a social and not a biomedical problem alone. Race, class and gender have been found to serve as important determinants of a person‟s health and well-being status affecting his/her perception of illness, health seeking behavior, accessibility to services and coping mechanisms. Further, because these factors usually operate in tandem, they severely compromise the person‟s overall health status and ability to respond to the problem. Although, some amount of empirical

evidence now exists on linking poverty and gender to HIV/AIDS, there are not enough data on the relationship between HIV/AIDS, ethnicity and race (UNAIDS/WHO, 2001). This paper makes an

attempt to explore the links between racism, racial discrimination and HIV/AIDS.

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1.a)The Phenomena : Racism, Racial and AIDS Related Discrimination Race is a form of `group identity‟ and arguably the basis of some of the most extreme and serious acts of discrimination and violations of human rights globally. In the domain of health, race is identified as, “a central determinant of social identity and obligations (and) an empirically robust predictor of variations in morbidity and mortality”(Williams, 1997). To understand how race is relevant to

questions of public health, care and treatment issues, it is important to first examine the phenomena of stigma and discrimination, in general, and as related to illness and diseases. The concept of `stigma‟ was first elaborated in the classic work of Erving Goffman (1963). Goffman defined stigma as “an attribute that is significantly discrediting” and which serves to reduce the person who possesses it, in the eyes of society. Relating the concept to conditions of mental
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illnesses, physical deformities and socially deviant behaviors such as homosexuality, Goffman argued that the stigmatized individual was seen to be a person with “an undesirable difference” (Goffman, 1963). In other words, he maintained that stigma is constructed by society on the basis of perceived `difference‟ or `deviance‟ and applied through socially sanctioned roles and sanctions. The result is a kind of `spoiled identity‟ for the person concerned (Goffman, 1963). Three kinds of stigma were

identified by Goffman: The first was called stigma derived from physical deformities; the second was the stigma associated with perceived `blemishes of individual character‟ (eg., due to mental disorder or homosexuality); and the third was designated “the tribal stigma of race, nation and religion‟. This third type of stigma, “transmitted through lineages” and possessed equally in all members of a family, implies that group membership and group identity could (in themselves) be sources of stigma (Wailoo, 2002). Race, then is one such group identity that is a source
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is symbolized in one of the pictures by a black woman on foot. for instance. The health seeking behavior of black Americans. on `Health of Slaves on Southern Plantations‟ makes pictorial representations of the popular public images of African-American group identity in relation to diseases and health care.of stigma. it contributes to “double stigma” (tribal stigma and stigma due to HIV/AIDS status). HIV/AIDS. The image so created is one of backwardness. Citing another example. ignorance and cultural inferiority of the Black people. This picture is contrasted with that of a White American doctor on buggy. with images of quackerychicken head. When the racial identity combines with a health condition such as. and dense vegetation and darkness framing her background. with images of medicinal bottles – the tools of his trade – and a sunlit background with limited vegetation. prejudice and discrimination for those possessing that racial identity. frog and snake parts – representing her health practices and beliefs. An early work of Postell (1951). Wailoo 5 .

against ignorance and superstitions. mental and moral inferiority. (a people best understood as)… a disease vector…” Wailoo (2002) goes on to show how the scientific advancements of that time in the field of bacteriology gave the notion of `human disease vectors‟ in the context of `Typhoid Mary‟ or the `asymptomatic carrier‟. points out how the hookworm was designated the `germ of laziness‟ because of the lethargy it produced in its patients. In all these descriptions.(2001). notes Wailoo. against poverty and filth” (Wailoo. but “ … against physical. such images also bore the stamp of 6 . And as Wailoo comments. ignorance and carefree demeanor stood as a stubborn affront to modern notions of hygiene and advancing scientific understanding…. 2001). And the fight against TB among the Negroes was described as not just a fight against the disease. one image that dominated was the image of “the carriers – a portrait of a social menace whose collective superstitious. a majority of whom were Negroes. coming from the pioneering scientists of that time.

observes Wailoo “one important feature of stigma in public health was associated with both scientific and social ideas about `the carrier‟ of disease” (Wailoo. When Goffman elaborated his concept of stigma in the early 60s he referred to this negative characterization as the creation of the `spoiled identity‟ (Goffman.scientific authenticity. To illustrate this point.5). It is clear from this example how the notion of the `disease vector‟ is quite old and how it was used to stigmatise the Negro character itself. 1963). The stigmatization of the African American identity in relation to diseases in the early twentieth century shows a remarkable continuity today in the context of HIV/AIDS at the turn of the century. Stiles who declared that the disease incidence `possibly indicates that the Negro has brought (it) with him from Africa … and we must frankly face the fact that the Negro … because of his unsanitary habit of polluting the soil … is a menace to others‟ (Stiles. An 7 . 2002. p. Wailoo cites the example of the noted hook worm researcher Charles W. 1909). Thus.

In other words. 2002). 1998.163). discrimination simply means “treating unfairly” and is most commonly used in the context of sociological theories of ethnic and race relations. However. While this sociological definition of discrimination emphasizes the structural dimensions of discrimination (Parker & Aggleton. Herek‟s social psychological analyses defines discrimination in behavioural terms – “discrimination is behaviour” (Herek. who were accused of having brought AIDS into the USA (Farmer & Kim. viewed as expressions of a struggle for power and privilege” (Marshall. p. discrimination is the differential treatment of 8 . more recent sociological on analyses of of discrimination and “concentrate patterns dominance oppression. 1991). 2002). Dictionary of According to the Oxford the concept of Sociology. The concept of stigma is integrally linked to that of `discrimination‟.illustration of this is the stigmatization and harassment of the Haitian people in the early 1980s.

Herek differentiates discrimination from `stigma‟.individuals according to their membership in a particular group. 2001). whether real or imagined. with the aim to justify an aggression or privilege (Aissata De Diop. Racism is rooted in the ideology of cultural superiority and results in the “generalized and definitive valorization of biological differences. cultural values and individual behaviour or and/or collective based discriminatory patterns. Racism is transmitted through generations and serves to rationalise the hierarchical patterning in society whereby one group dominates over other(s). which `resides in the structure and relations of society‟ and `prejudice‟ which. Race discrimination or racial discrimination is defined in Article 1 (1) of the International Convention on the 9 .2). devaluing the other. 2002. `resides in the minds of individuals‟ (Herek. racism is the stigma and racial discrimination is the behaviour that gives expression to that stigma. p. favorable for the racist. In the context of race. Racism express itself through institutional norms.

restriction or preference based on race. 2001. on an equal footing. Parker and Aggleton‟s analysis (2002) seeks to conceptualise stigma and discrimination not just as individual processes but as social and cultural phenomena linked to the actions of whole groups of people. of human rights and fundamental freedoms in the political. cultural or any other field of public life”. any distinction. or national or ethnic origin which has the purpose or effect of nullifying or imparing the recognition. and the work of Goffman (1963) that relates to stigma associated with 10 . enjoyment or exercise. economic. colour. 2002. Further. social. Bharat. they combine the works of Foucault (1977... Bharat with Aggleton and Tyrer for UNAIDS.Elimination of All Form of Racial Discrimination as “. In recent years concern about AIDS related stigma and discrimination has grown (see Parker & Aggleton. descent. 1978) which emphasise the cultural production of difference in the service of power. exclusion. not the consequences of individual behaviour. 1999).

2001). already existing racial sterotypes and inequalities concerning people of colour in general. They are neither unique and nor randomly patterned (UNAIDS/WHO. to make the point that stigma and stigmatization function at the point of intersection between culture. Just like other forms of stigma.deviance. It is within such a framework that one may understand and analyse racism and racial discrimination related to HIV/AIDS status. In this sense. sex and sexuality. AIDS related stigma and discrimination are complex social processes. race. prejudices and social inequalities pertaining to poverty. power and difference. racist attitudes and racial discrimination linked to HIV/AIDS status are only playing into. AIDS related stigma 11 . Conceptualizing stigma thus implies that it is not merely an expression of individual attitudes or of cultural values but central to the constitution and continuity of a given social order. gender. and reinforcing. They usually build upon and reinforce pre-existing fears. and so on.

1986). blaming. This latter type of stigma is psychologically more damaging and difficult to challenge in public (Bharat. health care providers of HIV infected individual). Instead the person self-restricts own behaviour out of a sense of vulnerability or indulges in self-blame (Bharat. Since it is primarily the disliked 12 . Courtesy stigma is the stigma shared by all those associated with the stigmatized person (for eg. labeling and denial of resources and services meant for the consumption of all. There are two other forms of stigma – courtesy stigma and self-stigma. violence. Research shows that it is not necessary for people to actually experience stigma directly or personally (often called. UNAIDS. 2001). stigma may be perceived or presumed to be there (often called. Felt Stigma) (Scambler & Hopkins. Self-stigma is the stigma that is accepted and internalized by the person and used to legitamise others‟ negative actions such that challenging the same becomes difficult. scapegoating.also results in social exclusion. 1999. Enacted Stigma). 1999).

(See Wailoo. 2001). may be categorized as `Symbolic‟ stigma as the already stigmatized and marginalized racial groups are stigmatized further on account of their association with HIV. and sex workers – who have been most closely associated with the epidemic since its early onset. by identifying and defining the disease. Herek (2002) has further differentiated between `Instrumental‟ and `Symbolic‟ stigmas. Herek (1990) has described a four part process of stigmatization on the part of a society: first.sectors of society – gay and bisexual men. injecting drug users. plague. The former derives from fear of AIDS as a communicable and lethal illness while the latter refers to the use of AIDS as a vehicle for expressing hostility toward groups that are already stigmatized in society. HIV is assumed to be high among certain racial/ethnic groups on the basis of their past association with diseases such as cholera. hookworm etc. second by assigning responsibility for its appearance to some 13 . Racism and racial discrimination linked to HIV status. Conversely.

This intersectionality is what contributes to double and sometimes multiple stigmas and stigmatization of the infected. group or thing. and sexual orientation. by assigning responsibility for identifying a cure or solution to another segment of society. race. third. “intersectionality is central to an understanding of how gender. 2001). Class and HIV/AIDS: The intersection The linkage between race and HIV/AIDS cannot be seen in isolation from the dimensions of gender. In regions where the HIV 14 .person. class. Gender. and fourth. Race. As stated by Aggleton. sexuality combine together to determine who is infected and once infected who is able to access medications and health care” (UNAIDS/WHO. by determining whether those affected by the disease are to be viewed as innocent or guilty. Gender differences in patterns of HIV infection vary widely around the world. age.

transmission is mainly heterosexual. In many parts of Asia it is marriage that is posing a greater risk of HIV infection to women who themselves report monogamous behaviour. 1999. more young women are infected than men. Bharat. The gendered dimension of the HIV epidemic is closely related to patriarchal values and norms and to the fact that women bear the major consequences of the epidemic on account of loss of livelihood. Gendered norms and values in these countries ordain that women accept their `lot‟ in marriage and dare not question their husbands‟ 15 . teenage girls have rates of 25% compared with 4% among teenage boys (UNAIDS & WHO. UNAIDS. In some parts of Kenya and Zambia. 2000). care of sick family members and stigma of AIDS (Bharat and Aggleton. as is the case in India. In most of Africa infection rates among young women are at least twice that among young men (UNAIDS. 1999. 2001). The impact of this can only be imagined in countries where marriage is a cultural ideal and near universal. 1999). economic pressures.

1996). Bosnia and Rwanda suggest how rape and sexual abuse are used as weapons of war enhancing risk of HIV and other STIs for women (Human Rights Watch. Further. Poverty is yet another dimension that combines with race and gender to multiply HIV related risk several times over. Worldwide the AIDS epidemic is most severe in the poorest countries and among people of 16 . migration and crisis displacement. sexuality and reproductive health matters. once again it is the women who bear the consequences of sexual assault and rape. Evidence gathered from Croatia. they prevent women from seeking knowledge about sex.demand for sex. particularly those from disadvantaged racial and ethnic backgrounds. In situations of armed conflict. by which they may reduce their risk of infection. Lack of adequate education and training for earning livelihood further marginalize women. in matters of contraceptive use. Women and young girls thus lack the necessary information resources and the power to make choices such as.

For example. HIV also accentuates poverty. „clean‟ women is increasing in the hope of warding off the infection of HIV. for example.colour(UNAIDS/ WHO. and ignorance provide fertile ground for the spread of HIV and most Black people and other ethnic minorities live in these very conditions. 1999). 1999). But while poverty enhances the risk of HIV. 1997) whose demand for younger. in Nicaragua economic hardships are making young women agree to sex with older married men (Zelaya et al. hunger. powerlessness. 1 (b)Geographical Dimensions of the Problem and Trends 17 . The reason is that conditions of poverty. Poverty increases chances of taking personal risks. In sub-saharan Africa. the epidemic has caused a major developmental crisis (Toupouzis and de Guerny. where labour shortage due to HIV related morbidity and mortality has cut crop production by more than 40% in affected households.

18 . 2001). Sub-Saharan Africa continues to lead with 28. An estimated total of 40 million people are living with HIV/AIDS at the end of 2001 – 18.AIDS or the Acquired Immunodeficiency Syndrome was recognized as a global crisis by the mid-1980s. 1999). Almost 22 million people have already died of AIDS while nearly 3 million AIDS deaths were reported in 2001 alone (UNAIDS. HIV/AIDS epidemiological data is generally reported by countries and by risk groups and not by ethnicity / race due to the political sensitivity involved in doing so (PAHO/WHO & UNAIDS. 2002). 2002).1 million HIV infected people but new HIV infections as percentage of existing cases are the highest in Eastern Europe and Central Asia( 43%) and Asia and the Pacific ( 26%) as against the global average of 11% (UNAIDS. HIV/AIDS is the fourth largest cause of death globally and the leading cause of death in Africa (WHO.5 million women and 3 million children (UNAIDS.

2002. These figures may not present the true racial profiling of HIV prevalence but they are suggestive of levels of social inequalities related to race. some country specific data provides racial / ethnic dimensions of the problem. they accounted for an estimated 54% of all new infections in 2000 and of all the women estimated to have acquired HIV in 2000. Although Afro-Americans make up for only 13% of the US population. It is also argued that race/ethnicity based data may further serve to perpetuate stigma linked to those groups and that in part the problem may also be a `definitional‟ one with respect to racial categories (UNAIDS & WHO.40). Epidemiological data from the US suggest that increasingly Africa-American men and women are accounting for larger proportion of the HIV/AIDS cases. Reports also suggest that AIDS has become the leading cause of death among African-Americans aged 25 to 44 in the 19 . gender and class. However. 2001). p. nearly 82% were African-American and Hispanic (UNAIDS.2001).

1995).5 and 6 times that of non-Latino white men and women respectively (CDC. Between 1991 and 1999. the proportion of reported AIDS cases has steadily increased among ethnic groups. 2002. In Canada. Similarly. 1995). 78. while a corresponding rise was registered among various ethnic groups.6 were reported by ethnicity (Health Canada. of the cumulative AIDS diagnoses reported to December 1998. This trend was found to be the particularly significant after 1994 among Aboriginal persons and among Black people.US (Centres for Disease Control-CDC.1%. Latinos who comprise only 9% of the US population accounted for 17% of all male AIDS cases and 21% of all female AIDS cases in 1995 (CDC. HIV prevalence rates were found to be 30% in a 6-city US survey (reported in UNAIDS. 1998). for example. Among the African-American gay men.40). 2000). the proportion of White AIDS cases declined from 88. According to one report. 20 . The AIDS incidence rate in mid 90s for Latino men and women was 2.6% to 66. p.

In the UK Ugandan migrants are 21 . In the Honduras. p.3% of all reported cases of AIDS in that year (Canada Bureau of HIV/AIDS.Statistics reported for Canada for the year 2000 further reveals that whereas the Aboriginals and Blacks comprise 2.0% of Canada‟s population respectively.2% in men and 8.8% and 2. Among men and women in their 20s. HIV infection among the Black Carib minority known as “Garifunas” is six times that of Honduran national average.5% in women. & Jouvent. significantly higher proportion of HIV infection is reported among indigenous women (26%) than among the non-indigenous women (8%) (Common Wealth of Australia. Marchand-Gonod. are reported to be increasing (Bungener. STD and TB. HIV infection was reported to be a high of 16% (PAHO/WHO & UNAIDS.2% and 8. 1997). In Australia. 2000). HIV infection rates among African people in France especially among the women. 2001. Within Europe. 2001). they accounted for nearly 9. at 8.36).

women are found to be increasingly at greater risk of infection and targets of greater levels of stigma and discrimination.5% in 1997 to 44.9% in 2001 while in Zimbabwe the prevalence rate rose from 29% in 1997 to 35% in 2000 (UNAIDS. The UNAIDS report for 2002 notes that “… young. 22 . Recent statistics also reveal a narrowing gender gap in HIV infection rates. HIV prevalence among women is climbing faster than among men. 37% occurred among women (UNAIDS. median HIV prevalence among pregnant women increased from 38. In most parts of Africa too. 2002 p. after gay men (Low etal 1996). 2001). disadvantaged women (especially African-American and Hispanic) are increasingly vulnerable to infection” (UNAIDS. In Botswana. Within minority racial and ethnic groups too.found to be the second largest group to be affected by HIV-1.23). 2002 p.40). Globally women accounted for 40% of all new infections in 2001 and of the total AIDS deaths in 2001. for example.

Although the fear seems real that documentation of such data might further polarize the international community. The earliest racist pronouncements were in relation to “African sexuality” and the blaming of `Haitians‟ in the US for being the `vectors‟ of the disease (Parker & Aggleton. Such data can serve as advocacy tool for promoting and 23 .2. 2002). there is no comprehensive documentation of racial discrimination linked to HIV/AIDS. racial discrimination and HIV/AIDS has not been explored sufficiently well. Besides anecdotal evidence and a few small scale research studies. the significance of reliable racially disaggregated data on HIV/AIDS for developing policies and programs sensitive to racebased discrimanation cannot be underestimated.Empirical Data on Racism and Racial Discrimination Related to HIV/AIDS Status As stated earlier the relationship between racism.

2001). More than half the respondents (66% people of colour and 56% Whites) believed that race relations will always be a problem in the US and nearly half of them also endorsed the statement that many White people dislike minorities (56% people of colour and 45% Whites). Throughout the world HIV/AIDS related stigma is known to have triggered a range of negative and unsupportive reactions. Before discussing the available evidence on race based data linked to HIV/AIDS. 2001) reveal that an overwhelmingly large proportion of both people of colour (92%) and Whites (79%) believe that racial minorities in the US today are routinely discriminated against. Findings of a recent electronic survey (Randall. health care setting – have been identified where stigma and discrimination is 24 . it may be useful to examine the general picture of race relations in the US. community. work place. Various contexts .family.protecting rights of racial groups (UNAIDS/WHO.

For example. 2001. For example. In 25 . many Haitians were harassed and stigmatized in the early period due to the belief that they were the carriers of the infection to the US (Farmer & Kim. have reported greater levels of stigma and discrimination in the health care sector due to their HIV status compared to Whites. 1993) and the HIV infected foreigners continue to be denied permission to enter the US. isolated or even expelled from their university programs for reasons that included their HIV status (Sabatier. 1991). travel restrictions were placed on `foreigners‟ most of whom belonged to racial / ethnic. In the beginning of the epidemic. Malcolm et al. AfricanAmericans. African students traveling to USSR and parts of Western Europe were detained. minorities. in general. In the Gulf countries mandatory testing is followed for all foreign nationals (Solon & Berrazo. 1988). Some of the most common reactions reported are those of scapegoating and blaming.known to occur (UNAIDS. 1998).

This often follows the public disclosure of one‟s HIV status as happened in the case of a young community volunteer Gugu Dlamini in South Africa who was stoned and beaten to death. Such secrecy serves to keep the epidemic socially invisible and greatly enhances the potential of silent spread of the epidemic in the community as those infected fail to seek services to learn constructive ways of living with HIV (Lie & Biswalo. Families and individuals are known to have gone to great extent to hide the presence of HIV infection from others in the community (Bharat.countries that are particularly hard hit. 58% of the clients reported fear of stigma as the main reason for non-disclosure of their serostatus to others (Kaleeba etal. 1997). In an evaluation of TASO (The AIDS Support Organisations) in Uganda. 26 . It is not surprising that HIV positive people fear disclosing their serostatus. 1999). 1996). instances of violence and assault against HIV infected persons have been recorded.

Although direct evidence of racial discrimination due to HIV/AIDS is not so readily available. 2001). there is a plethora of research findings reporting wide health disparities among racial minorities that are inextricably related to racism and other forms of discrimination in society (WHO. indicate higher infant and adult mortality due to diabetes. 1996). 2000). 1995). homicide and HIV/AIDS among Afro-Americans than among White population (Nickens. 1995). Piura. Similar sharp disparities are reported in Brazil where infant mortality among Afro-Americans is 62/1000 compared to among Whites. which is 37/1000 (FOASE. Access to health insurance 27 . which has low African population (Cowater Interntional Inc. A study of 107 US cities confirmed higher disease specific mortality among African-Americans than among other groups (Williams. report higher infant mortality (93/1000 live births) compared with Lima (45/1000 live births). provinces with a higher concentration of Afro-Peruvians such as. Studies in the US. for instance. In Peru.

In the Latin American and Carribean Region. By 1986. there is some evidence to show why racial minorities may be particularly vulnerable to HIV/STIs risk. consult health specialists. (Fiscella et al. 1995). and lack access to sophisticated medical technologies for heart problems etc. 2000). 39% Hispanics in the USA had no coverage. the Afro- Venezullan population lacks health services and health workers refuse to visit due to violence (Cowater Interntional Inc. Access to modern medical technologies is generally poorer such that fewer elderly Afro-American in the US. 1996). More specifically in relation to HIV/AIDS. receive less preventive care and poorer quality hospital services. compared to elderly White people. a figure three times higher than that of Whites and double that of African-Americans (Bollini. In most countries men and women from indigenous groups and racial minorities generally have fewer opportunities for schooling and employment than the 28 .too is generally poorer for racial groups.

almost 40% of Garifuna men and 13% of women reported unsafe sex behaviour in the previous 6 months. gay men. over one half of drug injectors never graduated from secondary school and 97% of these were African-Americans (PAHO/WHO & UNAIDS. It is argued that ignorance may not be a reason for disparities in safe sex practices. risk exposure actually increased over the same period (PAHO/WHO & UNAIDS. 2001). For example. for instance.majority population. Because of the lack of racially disaggregated HIV/AIDS data and because prevention services first started among White. In the US city of Baltimore. culturally appropriate preventive services for racial minorities are fewer. 29 . while over 95% of Garifuna men and women knew about HIV transmission. 2001). This may partly explain why unsafe sex fell by a smaller margin among Black teenagers (15%) compared to White teenagers (35%) between 1988 and 1995 and why among the Hispanics. Consequently there is greater gravitation towards drug abuse and paid sex work.

1998).Despite insufficient direct evidence linking racial discrimination to HIV/AIDS. have included (i) the compulsory screening and testing of groups and individuals. it is not too difficult to appreciate how racism. isolation. thus far.International Response (a) Legal Regime As early as 1983. By 1995 this number had increased to 120 (Paget. given wide health disparities between White majority population and the people of colour. (ii) the prohibition of people with HIV from certain occupations. (iv) limitations on international travel and migration. 12 countries had adopted legal instruments on AIDS. detention and compulsory treatment of infected persons. and (v) the restriction of certain behaviours such as IDU 30 . (iii) the medical examination. 3. Legal responses. class and gender intensify these already existing inequalities in the context of HIV/AIDS.

and prostitution (Gostin & Lazzarini. The legislatures largely reflect the conflict between protection of public health and protection of individual health. for example. criminal law and prison systems. ostensibly to protect the marital partner. 1997). particularly those dealing with public health legislation. anti discrimination legislation. In India. 31 . The resolution adopted by the 99th InterParliamentary Union Conference urged parliamentarians around the globe to implement the International Guidelines on HIV/AIDS and Human Rights. and public and private sector standards and mechanisms for implementing the guidelines (UNAIDS/IPU. 1999). privacy. a Supreme Court ruling has suspended HIV positive people‟s right to marry. prevents positive people from accessing legal action. fear of social exclusion and blame. But even where supportive legislation exists. confidentiality and ethics including in conducting research.

made recommendations to Member States to protect human rights of affected individuals.(b) Strategies Today HIV/AIDS is largely recognized as a human rights issue (UNAIDS. The London Declaration on AIDS Prevention in 1988 was the first international statement to call for destigmatising HIV/AIDS. 2002). In 1989 the UN Center for Human Rights organized the first international consultation on HIV/AIDS and Human Rights. national legislatures. Subsequently Resolution WHA 41. equality and beneficence into existing international human rights instruments. This was followed by a second consultation in 1996 in which a set of twelve International Guidelines on HIV/AIDS and Human Rights were 32 . 2002). NGO work and AIDS related research and intervention initiatives (UNAIDS. participation. At the international level the strategy has been to integrate principles of non-discrimination. confidentiality.24 of the 41st World Health Assembly of 1988.

sex . …birth. …health status (including HIV/AIDS) ….or other status. The UN commission on HR Resolution 2001/33 on `Access to medication in the context of pandemics such as. which has the intention or effect of nullifying or impairing the equal enjoyment or exercise of the right to health”. Further. language. Social and Cultural Rights. Significantly many HR Instruments have now included `HIV/AIDS status‟ under the more general phrase “Health status”. enumerates the grounds for non-discrimination in health by proscribing “any discrimination in access to health care and the underlying determinants of health as well as to means and entitlements for their procurement on the grounds of race.drafted. Resolution 49/1999 of the UN commission on HR reaffirms that “……. 33 . the term `or other status‟ in non-discrimination provisions in international human rights texts should be interpreted to cover health status including HIV/AIDS”. colour. For example a General Comment adopted by the committee to monitor the International Covenant on Economic..

marks the strong resolve of the international community to challenge the racial linkages of the AIDS epidemic. The UNGASS also called upon States to enact. Racial Discrimination. June 2001. 34 . held at Durban in September 2001. The need is to recognise and make explicit the inclusion of race –based discrimination a ground for legal action In the specific context of the racial dimensions of HIV/AIDS the World Conference Against Racism. Xenophobia and Related Forms of Intolerance. endorsed the establishment of a Global AIDS Fund to strengthen AIDS work in developing countries and with disadvantaged populations. The UN General Assembly special session on HIV/AIDS.HIV/AIDS‟ recognizes people‟s right to highest standards of health care. strengthen and enforce legislation to eliminate all forms of AIDS related discrimination and confront stigma. silence and denial by 2003.

(UNAIDS. local NGOs. In Venezuela. Examples of good legislative and national action to protect HR globally are beginning to emerge. (UNAIDS.64-65). p. and lawyers and health activists were able to secure the right to free treatment for positive people under the Social Security System. 2000). 4. a local NGO successfully helped a HIV positive college student seek combination therapy through intervention of the Supreme Court. In India. Lawyer‟s Collective has successfully defended positive workers who lost their jobs due to HIV status and the Population Council‟s Horizons program is 35 .At the regional level. In Costa Rica. 2002. Examples of Legal Action at National Levels. the South African Development Community‟s Code on HIV/AIDS and Employment seeks to protect rights of HIV positive workers.

The centre for the study of AIDS at the University of Pretoria. The National Human Rights Institutions in Ghana. The AIDS Law Project at the University of Witwatersrand represents yet another success story of winning precedent .setting judgement on unfair dismissal of HIV positive persons and on discrimination against HIV positive prisoners (p. is working to create an environment where it would be possible to challenge stigma.helping set up HIV-patients friendly hospitals in the capital (UNAIDS. South Africa. Conclusion 36 .66). 5. p. India and South Africa have also launched activities to promote and protect HIV related human rights in their respective countries. 2002.69).66). (p. racism. and discrimination related to AIDS.

develop suitable research framework and race sensitive data collection instruments to examine the interplay of race. the dynamics and the impact of race based stigma on positive people and strategies to challenge the linkage. the following actions are suggested –  Promote race disaggregated data to ensure that racial dimensions are recognised in all work related to AIDS research. gender and sexuality in the production of AIDS stigma and its impact on quality of life of affected 37 .  Develop a research programme to document the evidence. prevention and care. racial discrimination and HIV/AIDS.Although some good understanding about the production and maintenance of AIDS related stigma and discrimination exists. class. there is still a need to develop a much deeper understanding of the links between racism. nature and forms of racist based AIDS related stigma. Specifically.

 Document evidence of good legislative practice and national responses countering AIDS related racist attitudes and stigma  Create awareness about anti-racist and supportive legislatures and HR instruments among all sections of society.people and on AIDS prevention and care programs and policies.  Support government and NGO efforts to challenge racial discrimination related to HIV/AIDS by promoting the understanding and use of HR instruments of the UN and other international institutions. 38 . and especially among young people using the formal educational curricula for school students and the non-formal education method for out of school youth.

REFERENCES: WWW.GOOGLE.COM 39 .

KAMAYANI JOSHI SUBMITTED BYPRIYANKA BHARGAVA AYESHA SIDDIQUI NEHA BAJPAI 40 .I SEMESTER) SUBMITTED TODr.RACISM RACIAL DISCRIMINATION AND HIV/AIDS (MBA HR.

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