Recommendations of the Conference on HIV/AIDS

The recommendations of the Conference were announced at its final session. Some of the major issues highlighted were: the existence of a clear link between human rights, HIV/AIDS and development; there was a need for harmonization between individual rights and community interests; destigmatization would result in a more enabling environment; access to drugs was an assertion of human rights; and the full involvement of civil society and State was necessary to stem the spread of HIV/AIDS.

Regarding consent and testing, the Conference recommended that a protocol on informed consent should be made applicable for all medical interventions including HIV/AIDS, there should be provision of infrastructure for counseling in all testing settings and availability of testing services for all should be the goal.

On confidentiality, the Conference observed that this was a paramount matter when dealing with HIV/AIDS issues. Disclosures should be made only in exceptional circumstances, innovative measures should be explored to ensure respect for confidentiality; there should be a legal framework, administrative procedures as well as professional norms for creating an enabling environment.

The Conference was of the opinion that there existed a great deal of discrimination in health care and in employment. Anti-discrimination legislation should be made to cover the private sector also; the State should guarantee safe a working environment for health care workers and medical insurance schemes should cover HIV positive employees.

It was the view of the Conference that more needed to be done for women living in vulnerable environments. Legal changes should be made in order to empower women in matters such as property rights or marital rape. There ought to be more male responsibility and involvement. Rights to information and access to care should be given higher priority. Efforts should be made to reintegrate sex workers in society in a participatory manner.

Looking to the sphere of children and young people, the Conference advocated a review of the Juvenile Justice Act, recognition of children and young people as persons capable of having access to their rights, and extensive use of mass media to create awareness.

The Conference also called for a reduction of the cost of drugs, the scaling-up of VTC services, greater accessibility to legal remedy, quality control of services and drugs, review of legislations impeding interventions, legitimization of legal exchange and condom distribution programmes and a review of disabling laws and processes like Section 377 of IPC and the NDPS Act.

The National Human Rights Commission shall now consider these recommendations and make its own recommendations to Government.