GHT Homepage News UK Failing its HIV Rights Commitments

UK Failing its HIV Rights Commitments
5th Aug 2008

broken UK government promises, failure to implement UN policy and guidelines, flouting of human rights law, no cross-government policy consistency

A new report, published by UK AIDS and Human Rights Project, denounces HIV-related human rights violations by the UK government.

“Empty Promises – Holding the UK Government Accountable for its Commitments on HIV, Human Rights and Vulnerable Groups” analyses the impact of governmental policies and legislation on the rights of sex workers, prisoners, adult and children asylum seekers and young people in the context of HIV.

The report gives a comprehensive account of specific issues from a human rights perspective and provides recommendations which aim to introduce a human rights based response to HIV in the country.

The overall conclusion of the report is that the UK government is failing to fulfil its obligations under international human rights law in the context of HIV. In some cases, current government policy leads to a breach of fundamental HIV-related rights and freedoms guaranteed under binding treaties that the UK is a party to. The government is also not doing enough for the promotion, monitoring and enforcement of HIV-related rights.

The key general findings of the report are that:
• Despite its commitment to taking action to deliver fundamental rights and freedoms in the context of HIV, the government has failed to turn its promises into action.
• The government has failed to implement UN policy and HIV-specific standards for a rights-based approach to HIV. And despite criticisms from UN monitoring bodies and parliamentary bodies, the government has maintained or introduced policies and laws that flout international human rights law.
• The lack of a cross-government framework on HIV and human rights leads to contradictory domestic policies between various government departments and between the government’s international and domestic responses to HIV. It also results in conflicting and inconsistent policies within the Department of Health.
The overall recommendation of the report is that a human-rights based and cross-governmental framework should be developed and implemented.

The framework should:
• Be based on and conform to the framework provided by the International Guidelines on HIV/AIDS and Human Rights;
• Be developed with representatives from relevant government departments, HIV and non-HIV organisations working with vulnerable and/or affected groups, as well as people living with HIV, and human rights experts;
• Be monitored and evaluated on a yearly basis through an “HIV and Human Rights Monitoring and Evaluation Body”.
The report also contains findings and recommendations specific to each of the groups and issues considered.

Welcoming the publication of the report, Rosie Campbell, Chair of the UK Network of Sex Work Projects, the only UK organisation representing sex work projects, said:
“The UK Network of Sex Work Projects supports this report, it is a clear reminder that the prevention of HIV and the promotion of sexual health for sex workers is best delivered within a wider rights framework which takes on board the enduring stigmatisation and criminalisation of sex work. Specialist projects and initiatives are needed to ensure that; none judgemental, accessible, community based HIV and sexual health promotion services are available for sex workers."

Rhon Reynolds, Head of Policy at African HIV Policy Network which has been actively advocating for refused asylum seekers’ access to HIV treatment and against the removal of those living with HIV said:
“This timely report accurately accounts the plight of vulnerable communities living with or affected by HIV including asylum seekers who are prone to having their human rights utterly and disproportionately disregarded. This report is a toolkit for practitioners and advocates and should be used to advocate for the rights of the growing number of affected individuals.”

Simon Blake, Chief Executive of Brook which has been campaigning for compulsory sex and relationships education in schools said:
“We welcome the publication of this report - young people account for around 11% of HIV diagnoses each year and there is a worrying lack of knowledge about HIV. It is vital that young people have access to the support they need through compulsory sex and relationships education in schools and community settings together with access to confidential sexual health services so that they can enjoy and take responsibility for their sexual health.”

Neil Gerrard MP, Vice Chair of the UK All Party Parliamentary Group on AIDS said:
"This report adds great weight to the body of evidence showing the gulf between the legal rights of vulnerable groups, in the context of HIV, and their everyday realities. It is another call for action and an invaluable tool for all those campaigning for positive policy change in the UK."

Sean Humber, a partner at Leigh, Day & Co, who represented a prisoner who took the government to court over its policy on HIV prevention in prisons, said that the report provides "a detailed and sobering analysis of how the UK Government is failing to comply with national and international obligations in relation to HIV/AIDS.”

The report was published before the XVII International AIDS Conference in Mexico, which will address the importance of HIV and human rights. This year is also the 60th anniversary of the Universal Declaration of Human Rights which guarantees fundamental rights and freedoms which have been violated by governments in the context of HIV.

UK AIDS and Human Rights Project is an independent charity which has been established to promote and protect the rights of people living with and vulnerable to HIV in the UK. For more info go to www.aidsrightsproject.org.uk

The report was based on written evidence received from UK and international organisations and individuals and by discussions conducted with experts and professionals. In addition to formal evidence, focus groups with former immigration detainees were conducted in London and Manchester in December 2006 and January 2007.

UK AIDS and Human Rights Project has endorsed the declaration 'Human Rights and HIV/AIDS: Now More Than Ever' published by the Open Society Institute's Law and Health Initiative, and endorsed by organisations from countries around the world. They also support the Every Human Has Rights campaign.

An executive Summary and the Full Report are available to download here.

pictured is the department of Health HQ, Richmond House

Related Downloads:

Executive Summary - Empty Promises HIV Human Rights Review
Full Report - Empty Promises HIV Human Rights Review