The law is a critical element of our response to HIV and public health. It can narrow the divide between vulnerability and resilience; between access and uptake; between rhetoric and action. But in many countries, punitive laws and policies continue to hinder access to comprehensive SRH and HIV information and services, in particular for those most vulnerable to and affected by HIV. Over sixty countries have laws that specifically criminalize HIV transmission or exposure; over seventy that criminalize same-sex sexual activity; over one-hundred deem sex work to be illegal; and over one-hundred still have laws that do not recognize equal inheritance rights for women. Whether it is understanding the damaging effects of the criminal law, or ensuring that the benefits of SRH-HIV integration are realised, there is a need to overcome this gap between what works and the policy and legal environment.
1. Repeal punitive discriminatory laws and policies
Stigma and discrimination continue to limit access to essential services for people living with HIV and individuals particularly vulnerable to infection – young women and girls; men who have sex with men, transgender people, people who use drugs and sex workers. Punitive laws that criminalize key populations and HIV-specific criminal laws weaken HIV prevention efforts, undermine human rights, and foster stigma and discrimination.
Stigma and discrimination continue to limit access to essential services for people living with HIV and individuals particularly vulnerable to infection – young women and girls; men who have sex with men, transgender people, people who use drugs and sex workers. Punitive laws that criminalize key populations and HIV-specific criminal laws weaken HIV prevention efforts, undermine human rights, and foster stigma and discrimination.
IPPF‘s campaign ‘Criminalize Hate Not HIV’ raises international awareness on how the criminalization of HIV transmission hinders the HIV response.
2. Advocate for supportive policies that actively link HIV with sexual and reproductive health and rights
Research shows that the integration of SRH and HIV services provides an effective way to more efficiently use scarce economic and human resources. Yet, this hinges on a ‘tipping point’ at which more investment will be needed to ensure that efficiency gains are made and services not over strained.
IPPF advocates for national level policies and financing that support the integration of services. Since 2008, IPPF and partners have supported the rollout of the Rapid Assessment Tool for SRH and HIV Linkages in 43 countries.
3. Act on policies that work
Significant efforts and resources are placed on the development of ‘new’ policies and procedures – while many sound policies are insufficiently acted upon. Male and female condoms are the only dual protection method available for the prevention of HIV, STIs and unintended pregnancies. Yet, the gap between the number of condoms needed and the number of condoms available is enormous. Similarly, addressing the family planning needs of HIV positive women from a rights-based perspective is a critical component of the elimination of mother-to-child transmission strategy that needs to be scaled up.
Significant efforts and resources are placed on the development of ‘new’ policies and procedures – while many sound policies are insufficiently acted upon. Male and female condoms are the only dual protection method available for the prevention of HIV, STIs and unintended pregnancies. Yet, the gap between the number of condoms needed and the number of condoms available is enormous. Similarly, addressing the family planning needs of HIV positive women from a rights-based perspective is a critical component of the elimination of mother-to-child transmission strategy that needs to be scaled up.
IPPF provided over half a billion condoms (511,320,000) between 2009 and 2011.
Download the AIDS 2012 issue of the IPPF HIV Update newsletter:http://www.ippf.org/resources/publications/HIV-Update-newsletter
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