Washington D.C., USA, 22-27 July 2012www.aids2012.org

Addressing the intersection of criminalisation, discrimination and

stigma

Susan TimberlakeChief, Human Rights and Law Division

UNAIDS SecretariatGeneva

Exploring the intersection

Discrimination (unfair

treatment)

Stigma (attitudes)

Criminalisation (laws & practices)

* Based on preliminary data analysis of Global AIDS Progress Reports 2012

More countries reporting programmes to reduce HIV-related stigma and discrimination

89% of countries consistently reporting on the NCPI since have programmes to reduce HIV-related stigma and discrimination, compared to 39% in 2006.

…Yet insufficient responses to stigma, discrimination & criminalisation

• Low coverage: Mostly pilots, small projects

• Limited scope: More focus on stigma reduction, little on programmes to address discrimination and criminalisation

• Limited funding: Reference in NSP but not budgeted; often not included in GF proposals (See UNDP, UNAIDS & GF study in 2011)

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Persistence of stigma, discrimination and punitive laws

29% of countries report no legal protection against HIV-related discrimination (NCPI, 2010)

67% of countries report “laws and regulations that present obstacles for vulnerable sub-populations” (NCPI, 2010)

78 countries criminalize same sex sex; 6 death penalty 116+ countries criminalize some aspect of sex work 46 countries/areas have HIV-related travel restrictions 56 have HIV-specific laws criminalizing HIV transmission Most criminalize drug possession and many criminalize harm

reduction measures

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Pushbacks: Is it “discrimination” or the “right thing to do”? Various claims

• Stigma is society’s way of expressing disapproval of immoral behaviour and its consequences

• Criminal law has different objectives than public health, such as upholding values and punishment

• Laws criminalising same-sex relations, sex work and drug use are, and should be, based on moral and religious norms

• Criminal law reduces risky behaviour and sexual/drug networking, so reduces transmission

• No evidence that de-criminalising same sex relations, sex work, HIV transmission or drug use reduces HIV infection

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Addressing stigma, discrimination and punitive laws as a goal of HIV response

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Comprehensive approach to stigma reduction requires

• Political and cultural initiatives: champions, celebrities, movies, commitments

• Social change: communities mobilizing, voices amplified; creating change/demand through knowledge of rights; existence/value recognized; attitudes/laws changed

• Programmatic responses: population estimates; stigma measurement/reduction; programmes to improve law, law enforcement, access to justice; sensitization of religious leaders; empowerment of women, reducing violence and harmful gender norms

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Programmes to reduce stigma, discrimination and increase access to justice

1. Stigma reduction programmes to change attitudes2. HIV-related legal services3. Programmes to reform and monitor laws relating

to HIV4. Legal literacy programmes (“Know your rights”)5. Training and sensitization of law enforcement

agents, judges and lawyers on HIV and human rights

6. Human rights training for health care workers7. Programmes to eliminate discrimination against

women in the context of HIV

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Way forward on stigma, discrimination and punitive laws

• Move from stigma measurement to stigma reduction (including through 7 key programmes)

• Evaluate and build further evidence on programmes to reduce stigma, discrimination, punitive laws and relationship to health outcomes

• Reach beyond traditional health partners (Parliaments, judiciary, religious/community/traditional leaders, police, NHRI, human and women rights)

• Support community mobilisation for change: empowering people living with HIV and key populations to challenge stigma, discrimination and punitive laws

• Ensure adequate and sustainable funding to address stigma, discrimination and punitive laws

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Thank you!