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UNAIDS OUTCOME FRAMEWORK – Removing punitive laws, practices, stigma and discrimination
Step 1: It is suggested that UCOs engage with Co-sponsors, NGOs, faith leaders, women, young people, people living with HIV and members of key populations in order to make an initial assessment of key issues using this questionnaire (e.g. one day or half-day meeting of key respondents). Step 2: UCOs, with partners, should identify those issues that pose the greatest obstacles to universal access and to the human rights of those affected and devise strategies for addressing those issues. That is, if an issue is not having a serious negative impact on universal access or on human rights (such as a punitive law that is not enforced and is not contributing to stigma and discrimination against a key population), then it should not be a priority for response under this area of the Outcome Framework. Step 3: If possible, after consultations, circle answer or otherwise fill in form and send to S. Timberlake, firstname.lastname@example.org, with copy to relevant Regional support Advisor, RST focal point
(A) Law (Formal and Traditional) Are there:
L E G A L E N V I R O N M E N T (B) Law Enforcement (C) Access to Justice
2. Are the laws cited in the previous question being enforced? YES/NO 3. If yes, indicate their number: 4. Are any key populations being harassed, arrested, jailed, prosecuted, raped, murdered? YES/NO 5. If yes, which populations? people living with HIV / people who use drugs / men who have sex with men / sex workers / women 6. Are any other key populations being prosecuted with a negative effect on the HIV response? YES/NO 7. If yes, which populations? migrants / ethnic minorities / refugees / orphans / street children 8. Has violence against women been shown to increase vulnerability to HIV infection in country? YES/NO 9. Do police take protective, appropriate action in cases of domestic violence and violence against women? YES/NO 10. Are there sufficient programmes to sensitise/educate police on HIV-related 11. Is civil society strong on knowledge of legal rights? YES/NO 12.If yes, which populations are strong? people living with HIV / women / children / men who have sex with men / people who use drugs / sex workers / migrants / refugees / people with TB 13. Do following populations understand links between law and HIV? i. faith leaders YES/NO ii. judges YES/NO iii. police YES/NO iv. parliamentarians YES/NO 14. Is there a functioning redress system for complaints related to HIV? YES/NO 15. Are people living with HIV advocating for their legal rights? YES/NO 16. Are key populations
(D) Stigma and Discrimination
21. Is there stigma, discrimination against key populations? YES/NO 22. If yes, which ones? people living with HIV / men who have sex with men / people who use drugs / sex workers / migrants /refugees / people with TB 23. Has stigma/discrimination been measured in the last three years? YES/NO 24. Has the PLHIV Stigma Index been implemented? YES/NO 25. Have sufficient programmes to reduce stigma/ discrimination been implemented in/for: i. healthcare settings? YES/NO ii. law enforcement? YES/NO iii. schools? YES/NO iv. workplaces? YES/NO
UNAIDS Secretariat, Geneva |
i. Protective laws for PLHIV? YES/NO ii.Broad laws that criminalise HIV transmission? YES/NO iii. Laws that criminalise sex workers/clients? YES/NO iv. Laws that criminalise or forcibly “treat” people who use drugs? YES/NO v.Laws that require isolation without review of people with TB? YES/NO vi. Laws that criminalize same sex sexual behaviour? YES/NO vii. Laws/policies preventing sexual education? YES/NO viii.Laws/policies that deny harm reduction? YES/NO
LONG VERSION | working draft | 27 May 2009 Human Rights and Law
are there national efforts to overturn them? YES/NO 30. programmes to sensitise police to non-discrimination. Where there are restrictions. UN Country Team/Joint treatment? YES/NO Team on AIDS? YES/NO 46. Is loss of custody of children on death of husband a problem? YES/NO 36. Is there public political dialogue about the HIV epidemic? YES/NO (E) HIV-related Restrictions on Entry. Is there an official 48. informed consent. programmes to train healthcare workers in non-discrimination. society at large? 26. care and support as citizens? YES/NO 31. “know your rights/laws” programmes for civil society and affected populations. policies or practices that restrict entry. does the Government know of the decisions of the Boards of the Global Fund and UNAIDS? YES/NO 1 (F) Gender Inequality/Harmful Norms 33. Does such testing act as a disincentive to get 51. If yes. Do women have equal property. programmes to transform harmful gender norms and address violence against women. Mechanism? YES/NO counselling and treatment? iii. Are there sufficient “know your rights/laws” programmes for civil society? YES/NO v. Does testing actually link those in need to i. National AIDS YES/NO Programme? YES/NO (H) Leadership. Is legal aid accessible to most people living with/affected by HIV? YES/NO 18. Are there sufficient programmes to improve laws/engage parliaments? YES/NO human rights issues? YES/NO advocating for their legal rights? YES/NO 17. programmes to monitor/improve laws. Do they receive adequate government support for this role? YES/NO 40. Is legal aid accessible to members of key populations? YES/NO 19.Traditional/religious laws that block effective responses? YES/NO 1. Are pregnant positive women being forcibly sterilized or subject to abortion? YES/NO 41. non-violence. Is there widespread: (i) Engagement in commercial sex? YES/NO (ii) Early marriage? YES/NO (iii) Widow inheritance/“cleansing”? YES/NO (iv) Dowry or bride price? YES/NO (v) Multiple concurrent partnerships? YES/NO (vi) Violence against men who have sex with (G) HIV Testing and Counselling 43.ix. Technical Assistance and Financing Such programmes include: programmes to measure/reduce stigma and discrimination. stay or residence based on HIV status? YES/NO 29. IP laws that deny access to generic drugs? YES/NO x. If there are such restrictions. Is there sufficient men YES/NO technical support for (ix) People who use drugs programmes to increase (x) Those with TB YES/NO access to justice and reduce discrimination? YES/NO 44. confidentiality. LONG VERSION | working draft | 27 May 2009 Human Rights and Law UNAIDS Secretariat. Do women have equal access to employment? YES/NO 37. Are there laws. Do minors have ii. Are migrants (documented or undocumented) able to access the same prevention. Country Coordinating independent access to testing. Do women have equal access to HIV treatment? YES/NO 38. Are there programmes to provide HIV information/services to citizens prior to migration and upon return? YES/NO 32. treatment. Geneva | . are their rights enforced? YES/NO 35. Have major public figures declared their positive HIV status? YES/NO 27. Stay and Residence 28. Is the UN policy or widespread practice providing sufficient and of mandatory testing for: effective advocacy and (i) Pregnant women YES/NO support on human rights and (ii) Before marriage YES/NO the law in the HIV response? (iii) Those in military YES/NO YES/NO (iv) Police YES/NO 49. Do women bear the primary burden of care for people living with HIV? YES/NO 39. ownership and inheritance rights under formal law? YES/NO 34. legal services programmes. Is there sufficient (v) Those undergoing surgery financial support YES/NO (international/domestic) for (vi) Health care workers programmes to increase YES/NO access to justice and reduce (vii) Sex workers YES/NO discrimination?1 YES/NO (viii) Men who have sex with 50. Have the tested for those affected? following groups been YES/NO trained on human rightsbased approaches to HIV: 45. sensitise parliamentarians. protection.
please identify the three issues that pose the greatest obstacles to universal access and to the human rights of those affected in the national response to HIV.After completing the assessment above. transsexuals and/or transgender people? YES/NO (vii) Female genital mutilation? YES/NO 42. Civil society groups. 2. confidentiality and non-discrimination? YES/NO iv. Thank you. STIGMA AND DISCRIMINATION . Have there been programmes to train health care workers in informed consent. Geneva | . including people living with HIV? YES/NO Faith leaders? YES/NO PRIORITY ISSUES RELATING TO PUNITIVE LAWS. 1. 3. v. LONG VERSION | working draft | 27 May 2009 Human Rights and Law UNAIDS Secretariat. Are there sufficient programmes to change harmful gender norms? YES/NO 47.men.
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