How do some of the relevant rights apply?

To empower rights-holders to claim their rights, to protect human dignity and to prevent the transmission of HIV, the following rights should be protected so that people will come forward for HIV information, education and means of protection, and will be supported to avoid risky behaviour:

• Non-discrimination : protected against discrimination if seek help or are HIV+
• Right to privacy : protected against mandatory testing; HIV status kept confidential
• Right to liberty and freedom of movement : protected against imprisonment, segregation, or isolation in a special hospital ward
• Right to education/information : access to all HIV prevention education and information and sexual and reproductive health information and education
• Right to health : access to all health care prevention services, including for sexually transmitted infections, tuberculosis, voluntary counseling and testing, and to male and female condoms

Vulnerable populations

Depending on the legal and social situation and the nature of the epidemic in country, some groups may be more vulnerable to infection and impact because of their legal status or lack of human rights protection, e.g. women, children, minorities, indigenous people, poor people, migrant-workers, refugees, sex workers, people who use drugs, men having sex with men, and prisoners.

These groups should have equal access to HIV prevention information, education, and commodities, and to HIV care, support and anti-retroviral treatment; should not be subject to sexual violence or coercion, where applicable; and should be able to participate in the formulation and implementation of HIV and AIDS policies that affect them.

• Non-discrimination/equality before the law : same access as others to services
• Rights to education and health : same access to HIV prevention education and information, and health care services, including STI services and condoms
• Liberty , security of person and freedom from cruel, inhuman and degrading treatment : freedom from violence, including sexual violence, freedom from mandatory testing
• Right to participate in public life : participation in the formulation and implementation of HIV policy

For those living with HIV or otherwise affected by it, the following rights should be protected:

• Non-discrimination and equality before the law : right not to be mistreated on the basis of health status, i.e. HIV status
• Right to health : right not to be denied health care/treatment on the basis of HIV status
• Right to liberty and security of person : right not to be arrested and imprisoned on the basis of HIV status
• Right to marry and found a family , regardless of HIV status
• Right to education : right not to be thrown out of school on the basis of HIV status
• Right to work : right not to be fired on the basis of HIV status
• Right to social security, assistance and welfare : right not to be denied these benefits on the basis of HIV status
• Right to freedom of movement , regardless of HIV status
• Right to seek and enjoy asylum , regardless of HIV status