Legislative status in PICs Laitia Tamata Legal Trainer and Policy Analyst or

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Presentation transcript:

Legislative status in PICs Laitia Tamata Legal Trainer and Policy Analyst or

Why Legislation The Legal Response is one of the most effective responses to HIV Why? How?

Commitments by PIC Leaders

Approaches to Legislation Public Health Act Disability Stand alone Anti-Discrimination & Stigma Legislation Other

Which Approach is best for your country and Why?

HIV and the Law Hierarchy of Laws Hierarchy of Courts How to respond to violations of PLHIV Rights

Hierarchy of Laws Constitution Legislation Common Law Judge made laws & Interpretations Customs

Constitutions All PICTs Constitutions guarantee either “protection of rights and freedom” or “equality” But no human rights is absolute and there are “exceptions” and “limitations” Exceptions and Limitations are usually for the purpose of public health, national security or morality Protection of PLHIV rights is one of the most effective responses to HIV and can not be an exception or limitation unless there is irresponsibility

PIAF Focal Countries for Samoa Vanuatu Kiribati Tonga Fiji Tuvalu Solomon Islands

What can you do to facilitate the legal response to HIV Working in “country groups” draw a plan on: What needs to be done What can you do What can others like PIAF, FSPI, in country NGOs do How are you going to do it What time will these be done A PLAN OF ACTION TO FACILIATE THE LEGAL RESPONSE IN YOUR COUNTRY