1. Punitive laws, policies and practices- Their impact on the HIV response
I will give you a brief description

2. Punitive Laws, Policies and Practices
More than 80 countries worldwide have laws prohibiting sex between men
51 countries impose restrictions on entry, stay or residence on the basis of HIV status
33% of countries have no protections against discrimination on the basis of HIV status
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3. Punitive Laws, Policies and Practices (2)
Laws criminalizing sex work
Prohibitions against being in possession of condoms
Laws criminalizing premarital or extramarital sexual relations
Criminalization of transgender behaviour or prohibiting homosexuality
Laws punishing injecting drug users
Partner notification
Pre-marriage testing
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4. Gender Inequality Increases Vulnerability to HIV
Many countries have laws or customary practices that perpetuate gender inequalities in social and economic areas: divorce and child custody, inheritance, banking and credit regulations that restrict women’s ability to start their own businesses or own property
Women are subjected to domestic violence, rape and sexual abuse in many societies where there are either no laws or where protective laws are not effectively enforced.
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5. Gender Equality is Vital to the HIV Response
Recommendation No. 200 notes that women and girls are at greater risk and more vulnerable to HIV infection and are disproportionately affected by the HIV pandemic compared to men as a result of gender inequality—therefore women’s empowerment is a key factor in the global HIV response
Recommendation No. 200 calls upon member States to ensure gender equality and protections against harassment and violence in the workplace
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6. HIV Testing and Screening
Punitive laws and practices also include:
Laws and regulations requiring applicants for certain jobs or occupations to be tested for HIV
Compulsory HIV testing for workers already employed, as a condition for keeping their jobs
Requiring migrant workers to be tested as a condition of migrating for employment
Refusing entry into employment or occupation due to a positive HIV test result or terminating a worker who has tested positive
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7. Disclosure of HIV status
Discriminatory laws and practices could include:
Laws and regulations requiring applicants for certain jobs or occupations to disclose their HIV status
Revealing a worker’s HIV status to other co-workers
Failure to maintain the confidentiality of personal medical data either in the application process or during a routine medical examination
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8. What is the Impact of Punitive Laws, Policies and Practices?
They increase stigma and discrimination
They block access to prevention, treatment, care and support services for the persons concerned
They prevent those affected from getting or keeping jobs that will allow them to support themselves and their families and access needed health services, including
prevention and testing services
The International Labour Organization

9. Discrimination Mandatory HIV testing/screening Breach of
Human Rights violations in the workplace
Discrimination
Mandatory HIV
testing/screening
Breach of
confidentiality
Denial of
insurance
benefits
Dismissal 9

10. To Create a Positive Environment
Raise awareness of the impact of discrimination and remove punitive or discriminatory legislation
Adopt non-discriminatory laws, which could include laws that specifically safeguard the rights of vulnerable populations
Raise awareness of modes of HIV transmission to reduce HIV-related stigma and discrimination, especially against vulnerable groups
Include representatives of the populations affected, to effectively address their concerns
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11. The International Labour Organization
Enforcement
Develop affordable and easily accessible procedures
Provide free or affordable legal services
Provide training to raise awareness of the judicial authorities
Train police and other law enforcement personnel and enact laws to ensure effective protection from police abuse
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12. THANK YOU FOR YOUR ATTENTION
The International Labour Organization