Human Rights and HIV
We protect and promote human rights in our work.
The right to health: All people have the right to the enjoyment of the highest attainable standard of physical and mental health. The International Covenant on Economic, Social and Cultural Rights 1966 (ICESCR) provides that states party to the Covenant take steps to achieve the full realisation of this right, including prevention, treatment and control of epidemic, endemic, occupational and other diseases.
The Committee on Economic, Social and Cultural Rights, which monitors the ICESCR convention, has interpreted the ‘right to health' to include not only timely and appropriate access to health care, but also as addressing the underlying determinants of health, such as access to safe water, food, nutrition, housing and health-related education and information, including on sexual and reproductive health. In April 2003, the Commission on Human Rights passed a resolution recognising that access to HIV treatment is fundamental to progressively achieving the right to health and called on governments and international bodies to take specific steps to enable such access.
The right to equality and non-discrimination: The cornerstone of the Universal Declaration of Human Rights 1948 (UDHR) is that ‘All human beings are born free and equal in rights and dignity'. This statement of equality of all human beings is closely linked to the right of all people to equal protection of the law and from discrimination. For example, ICESCR prohibits discrimination in access to health care and underlying determinants of health, as well as to means and entitlements for their procurement, on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, physical or mental disability, health status (including HIV), sexual orientation and civil, political, social or other status, which has the intention or effect of adversely affecting the equal enjoyment or exercise of the right to health.
In addition to the above, there are a range of other human rights principles that are relevant in responding to HIV.
The right to privacy: no-one shall be subject to arbitrary or unlawful interference with his/her privacy.
The right to information: Everyone has the right to freedom of expression; this right includes freedom to seek, receive and impart information and ideas of all kinds.
The right of participation: Everyone has the right to active, free and meaningful participation.
The right to enjoy the benefits of scientific progress: Everyone has the right to enjoy the benefits of scientific progress and its applications.
Freedom from torture: No one shall be subject to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no-one shall be subjected to medical or scientific experimentation without free consent.
Freedom of association: Everyone shall have the right to freedom of association with others, including the right to form and join trade unions.
The right to work: Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
The right to education: Everyone has the right to education, directed to the full development of the human personality and the sense of its dignity, enabling all persons to participate effectively in a free society and promoting understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups.
The right to an adequate standard of living: Everyone has the right to an adequate standard of living, including adequate food, clothing, housing, medical care and necessary social services.
The right to development: Everyone is entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realised.