Transcript Addressing the intersection of criminalisation, discrimination and stigma Susan Timberlake Chief, Human Rights and Law Division UNAIDS Secretariat Geneva www.aids2012.org Washington D.C., USA, 22-27 July 2012

Addressing the intersection of
criminalisation, discrimination and
stigma
Susan Timberlake
Chief, Human Rights and Law Division
UNAIDS Secretariat
Geneva
www.aids2012.org
Washington D.C., USA, 22-27 July 2012
Exploring the intersection
Discrimination
(unfair treatment)
Stigma
(attitudes)
Criminalisation
(laws & practices)
More countries reporting programmes to reduce HIVrelated 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.
* Based on preliminary data analysis of Global AIDS Progress Reports 2012
…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)
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
www.aids2012.org
Washington D.C., USA, 22-27 July 2012
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
www.aids2012.org
Washington D.C., USA, 22-27 July 2012
Addressing stigma, discrimination and punitive
laws as a goal of HIV response
www.aids2012.org
Washington D.C., USA, 22-27 July 2012
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
www.aids2012.org
Washington D.C., USA, 22-27 July 2012
Programmes to reduce stigma, discrimination
and increase access to justice
1. Stigma reduction programmes to change attitudes
2. HIV-related legal services
3. Programmes to reform and monitor laws relating to
HIV
4. 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 workers
7. Programmes to eliminate discrimination against
women in the context of HIV
www.aids2012.org
Washington D.C., USA, 22-27 July 2012
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
www.aids2012.org
Washington D.C., USA, 22-27 July 2012
Thank you!
www.aids2012.org
Washington D.C., USA, 22-27 July 2012