HUMAN RIGHTS AND HIV – Ukrainian experience

GOVERNANCE OF HIV/AIDS PROJECTUNDP UKRAINE

04/21/234th RBEC CoP meeting, Moscow, June 5-7, 2007

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HUMAN RIGHTS AND HIV – Ukrainian experience

Outline

Situation with HIV and human rights

Human rights approach in responding to the HIV epidemic

UNDP’s AIDS Watch InitiativePlans for the future

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4th RBEC CoP meeting, Moscow, June 5-7, 2007

Situation with HIV and human rights

Good standards of HIV legislation but low level of its enforcement

Numerous human rights violationsAbsence of the system of monitoring

and response to violationsExisting services to protect the human

rights of the PLWH are dispersed with no coordination mechanisms

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Ukrainian legislation against the international backdrop

Ukraine has ratified:International Covenant on Civil and Political

RightsInternational Covenant on Economic, Social

and Cultural RightsEuropean Convention on Human Rights

Its Constitution, Laws and Regulations incorporate requirements of these documents


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Rebecca Schleifer,Human Rights Watch Researcher, at a round table in the UNDP Ukraine, March 2006

HOWEVER –

numerous violations of the human rights in relation to HIV/AIDS status are common practice in Ukraine

(data of the “Rhetoric and Risk” HRW report, www.hrw.org)

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In the office of the Chernigiv branch of the All-Ukrainian network of PLWH, summer 2006

Just

one

illustration…

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The same office after a fire (result of an arson) 19 October, 2006

The most severe case of displaying negative attitude to the PLWH in Ukraine

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Other recent cases of human rights violations

HIV infecting of 3 newborns in Mariupol through blood transfusion, those responsible found not guilty, no material compensation (new litigation started)

Refusal in medical treatment and expelling from the medical facility with separation from a newborn of a mother under pretext of being HIV-positive in Kirovograd (later not confirmed, litigation started)


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41.5 % of PLWH in Ukraine report of violations of their rights, but only 6.7% have documental evidence of such violations

Importance of human rights monitoring in responding to HIV

This information is crucial as a basis for prevention of human rights abuses in the future

According to the International HIV and Human Rights Guidance principle 11,

States should ensure monitoring and enforcement mechanisms to guarantee the protection of HIV-related human rights

However, no human rights institutions have developed mechanisms for collecting information on human rights and HIV/AIDS

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Human rights approach in responding to the HIV epidemic

Mobilizing of the civil society efforts to combat violations of human rights in the sphere of HIV/AIDS

Work with the state officials on promoting adoption of HIV policies in different sectors (labour market, education, tourism, etc)

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Civil society capacity

There are 8 national and 194 regional CSOs in Ukraine that deal with the issues of HIV

Altogether (along with the state organizations) they represent a considerable force to be employed in counteracting to human rights violations


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All-Ukrainian network of PLWH announced among the winners of the 2006 Red Ribbon Award, Toronto, August 2006

Addressing stigma and discrimination

related to HIV/AIDS

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At the ceremony of presenting the Red Ribbon money award, December 1st. 2006, Kiev

Lars Kallings, UN GS Special Envoy on HIV/AIDS, presents a symbolic cheque to Volodymyr Zhovtyak, All-Ukrainian network of PLWH chairman

The event was organized and publisized by the UNDP CO

(the very appearance of the AUN PLWH was possible due to the UNDP support)

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Main results of work with the State Labour Inspectorate

5 trainings in 2005- 2006, 60 inspectors trained5 HIV resource centres and 1 HIV hot

telephone line established at labour inspectorates

Pilot projects on HIV-prevention and non-discrimination on 2 plants launched

Labour inspectors are competent to design and evaluate HIV policies at enterprizes

Co-operation with the regional PLWH groups established


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Opening of the HIV resource centre at the Chernigiv regional labour inspection

Deputy Minister of Labour and Social Policy Mr V. Tyotkin (right) along with Deputy Chief State Labour Inspector Mr D. Los (centre) have been paying great attention to the issues of HIV prevention in the world of work

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AIDS WATCH UKRAINE – UNDP initiative

VISION

National human rights - based service organization rendering fast effective aid to the people affected by the HIV/AIDS epidemic with use of all available expert resources and spreading culture of tolerance in the society

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Principles of work

•One Stop Shop

•Standardization of processes

•Fast response

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Functions

Receiving of complaints and reactingEarly revealing through monitoringPopularization and encouragement of

positive experience Expertise of legislationTraining

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Difference from other organizations:

Human rights based (not merely legal)Ensures use of all available resources and

their enhancement through synergyAdaptive, flexible, self-learning structureAble to give high-level analytical material

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Actions already taken

One consultative meeting with invitation of interested stakeholders

3 working group meetings with invitations of observers

Great advocacy efforts aimed at joining up major HIV CSOs around this idea

Basics of ideology and methodology are ready

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A Memorandum of Intentions has been signed on November, 2nd,

2006.

Participants: The All-Ukrainian Network of People Living with HIV, Coalition of HIV-service NGOs, and All-Ukrainian Council for rights protection and safety of the patients

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What is being implemented now

Network of the legal professionals, human rights activists, CSOs to render legal and human rights aid to those affected by HIV – under construction

System of national monitoring of human rights violations in the realm of HIV-under construction

(both – core elements of the AIDS Watch Ukraine)

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UNDP Ukraine booklet “Return to Life”, 2007

As an instrument of advocacy for human rights of the IDUs UNDP CO initiated and organized this publication dedicated to the issues of substitution maintenance treatment

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Plans for the future

To establish AIDS Watch Ukraine as an All-Ukrainian institution – in a 1 year period

To continue work with the regional labour inspectors on building awareness on HIV at the labor market

To expand work on HIV human rights education and prevention onto tourist sector as one as most conducive for the epidemic


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Self-proclaimed specialist in curing AIDS is rejected by the political activists, summer 2006, Kiev

There is no easy solutions like this guy suggests, however, if moving in a coherent way, we can to counteract the HIV epidemic through human rights protection in particular

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Thank you for attention and greetings from Kiev!

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Contact info: [email protected]

Documents

HUMAN RIGHTS AND HIV – Ukrainian experience