legislative status in pics laitia tamata legal trainer and policy analyst...

Legislative status in PICs

Laitia TamataLegal Trainer and Policy Analystltamata@gmail.com or rights@pacificaids.org

Why Legislation• The Legal Response is one of the most

effective responses to HIV

• Why?

• How?

Commitments by PIC Leaders

Approaches to Legislation

• Public Health Act

• Disability

• Stand alone Anti-Discrimination & Stigma Legislation

• Other

Which Approach is best for your country and Why?

HIV and the Law• Hierarchy of Laws

• Hierarchy of Courts

• How to respond to violations of PLHIV Rights

Hierarchy of Laws• Constitution• Legislation• Common Law Judge made laws &

Interpretations• Customs

Constitutions• All PICTs Constitutions guarantee either “protection

of rights and freedom” or “equality”• But no human rights is absolute and there are

“exceptions” and “limitations”• Exceptions and Limitations are usually for the

purpose of public health, national security or morality

• Protection of PLHIV rights is one of the most effective responses to HIV and can not be an exception or limitation unless there is irresponsibility

PIAF Focal Countries for 2011 - 2012

• Samoa• Vanuatu• Kiribati• Tonga• Fiji• Tuvalu• Solomon Islands

What can you do to facilitate the legal response to HIV

Working in “country groups” draw a plan on:• What needs to be done• What can you do• What can others like PIAF, FSPI, in country NGOs

do• How are you going to do it• What time will these be doneA PLAN OF ACTION TO FACILIATE THE LEGAL

RESPONSE IN YOUR COUNTRY