The Protection of Human Rights in the Context of Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS), C.H.R. res. 1999/49, U.N. Doc. E/CN.4/RES/1999/49 (1999).
The Commission on Human Rights,
Recalling its resolution 1997/33 of 11 April 1997 and other relevant
resolutions and decisions adopted by organizations of the United Nations system,
as well as by other competent forums,
Welcoming the fact that many positive steps in implementing its previous
resolutions have been taken, including the enactment of legislation in some
countries to promote human rights in the context of HIV/AIDS and to prohibit
discrimination against persons infected or presumed to be infected and members
of vulnerable groups,
Encouraging the continuation of national, regional and international
consultations in the field of HIV/AIDS and human rights,
Noting with concern that in 1998 virtually every country in the world
had new cases of HIV infection and that, according to estimates by the Joint
United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization,
in 1998 the number of people living with HIV increased to 33.4 million, the
number of people newly infected with HIV was 5.8 million and the number of people
who died from AIDS was 2.5 million,
Noting with particular concern that, according to estimates by UNAIDS
and the World Health Organization, more than 95 per cent of all people infected
with HIV live in the developing world, which has also experienced 95 per cent
of all deaths to date from AIDS, that this is largely due to the absence of
access - in conditions of poverty, underdevelopment, conflict and other problems
- to appropriate measures for prevention, treatment and care, and that implementation
of effective strategies for prevention, treatment and care is critically needed,
Noting the devastating economic impact of HIV/AIDS, including increased
mortality and morbidity among the working�age population, losses in family income,
greater numbers of orphans and higher health and social costs,
Emphasizing, in view of the increasing challenges presented by HIV/AIDS,
the need for intensified efforts to ensure universal respect for and observance
of human rights and fundamental freedoms for all, to reduce vulnerability to
HIV/AIDS and to prevent HIV/AIDS-related discrimination and stigma,
Concerned that lack of full enjoyment of human rights by persons suffering
from economic, social or legal disadvantage heightens the vulnerability of such
persons to the risk of HIV infection and to its impact, if infected,
Also concerned that, in many countries, many people infected and affected
by HIV, as well as those presumed to be infected, continue to be discriminated
against in law, policy and practice,
Welcoming the significant role of UNAIDS in cooperation with relevant
bodies of the United Nations system, in particular the Office of the United
Nations High Commissioner for Human Rights, and of national and international
non-governmental organizations, in particular organizations of people living
with HIV/AIDS, in promoting and protecting human rights in the context of HIV/AIDS,
including fighting discrimination against people living with HIV/AIDS, and in
the full range of prevention, treatment and care activities,
Reiterating that discrimination on the basis of HIV or AIDS status, actual
or presumed, is prohibited by existing international human rights standards,
and that the term "or other status" in non-discrimination provisions
in international human rights texts should be interpreted to cover health status,
including HIV/AIDS,
Welcoming the report of the Secretary-General on the protection of human
rights in the context of the human immunodeficiency virus (HIV) and acquired
immune deficiency syndrome (AIDS) (E/CN.4/1999/76), which provides an overview
of the opinions of Governments, specialized agencies and international and non-governmental
organizations on the Guidelines recommended by the experts participating in
the Second International Consultation on HIV/AIDS and Human Rights (E/CN.4/1997/37,
annex I), their dissemination and implementation, and which addresses the issue
of technical cooperation for the promotion and protection of human rights in
the context of HIV/AIDS,
1. Invites States, United Nations organs, programmes and specialized
agencies and international and non-governmental organizations to continue to
take all necessary steps to ensure the respect, protection and fulfilment of
HIV-related human rights as contained in the Guidelines on HIV/AIDS and Human
Rights and to contribute to international cooperation in the context of HIV/AIDS-related
human rights, inter alia through the sharing of knowledge, experience
and achievements concerning HIV-related issues;
2. Invites States to strengthen national mechanisms for protecting HIV/AIDS-related
human rights and to take all necessary measures to eliminate stigmatization
of and discrimination against those infected and affected by HIV/AIDS, especially
for women, children and vulnerable groups, so that infected persons who reveal
their HIV status, those presumed to be infected and other affected persons are
protected from violence, stigmatization and other negative consequences;
3. Invites States, United Nations organs, programmes and specialized
agencies and international and non-governmental organizations to assist developing
countries, in particular the least developed countries and those in Africa,
in their efforts to prevent the spread of the epidemic and alleviate and control
the detrimental impact of HIV/AIDS on the human rights of their populations;
4. Urges States to ensure that their laws, policies and practices respect
human rights in the context of HIV/AIDS, prohibit HIV/AIDS-related discrimination,
promote effective programmes for the prevention of HIV/AIDS, including through
education and awareness-raising campaigns and improved access to high-quality
goods and services for preventing transmission of the virus, and promote effective
programmes for the care and support of persons infected and affected by HIV,
including through improved and equitable access to safe and effective medication
for the treatment of HIV infection and HIV/AIDS-related illnesses;
5. Requests States to establish coordinated, participatory, transparent
and accountable national policies and programmes for HIV/AIDS response and to
translate national policies to district level and local action, involving
in all phases of development and implementation non�governmental and
community�based organizations and people living with HIV/AIDS;
6. Also requests States to develop and support services, including legal
aid where appropriate, to educate people infected and affected by HIV/AIDS about
their rights and to assist them in realizing their rights;
7. Further requests States to take all the necessary steps, including
appropriate education, training and media programmes, to combat discrimination,
prejudice and stigma, and to ensure the full enjoyment of civil, political,
economic, social and cultural rights by people infected and affected by HIV/AIDS;
8. Requests States, in consultation with the relevant national professional
bodies, to ensure that codes of professional conduct, responsibility and practice
respect human rights and dignity in the context of HIV/AIDS, including access
to care for people infected and affected by HIV/AIDS;
9. Also requests States to develop and support appropriate mechanisms
to monitor and enforce HIV/AIDS-related human rights;
10. Invites the human rights treaty bodies, when considering reports
submitted by States parties, to give particular attention to HIV/AIDS-related
rights and invites States to include appropriate HIV/AIDS-related information
in the reports they submit to the relevant treaty bodies;
11. Requests all special representatives, special rapporteurs and working
groups of the Commission, inter alia the special rapporteurs on the right
to education, on the promotion and protection of freedom of opinion and expression,
on violence against women, its causes and consequences, and on the sale of children,
child prostitution and child pornography, to integrate the protection of HIV-related
human rights within their respective mandates;
12. Requests the Secretary-General to invite the United Nations organs
and programmes, as well as the specialized agencies and Member States, to integrate
HIV-related human rights into their policies, programmes and activities, including
those involving regional intergovernmental human rights and other bodies, and
to involve non-governmental and community�based organizations in all phases
of development and implementation, to help ensure a system-wide approach, stressing
the coordinating and catalytic role of UNAIDS;
13. Also requests the Secretary-General to solicit comments from Governments,
United Nations organs, programmes and specialized agencies and international
and non-governmental organizations on the steps they have taken to promote and
implement, where applicable, the Guidelines on HIV/AIDS and human rights and
the present resolution, and to submit, in consultation with interested parties,
a progress report for consideration at its fifty�seventh session.