In 1991 and 1992, Rights and Humanity was commissioned by the WHO to write the reports of the UN Special Rapporteur on the impact of HIV-related discrimination for submission to the Sub-Commission on Prevention of Discrimination and Protection of Minorities.

The reports were designed to promote the introduction of measures to prevent discrimination and stigma, and to provide redress for those suffering an abuse of their rights. The studies highlighted the extent of AIDS-related discrimination and indicated the steps that could be taken to prevent social stigma and discrimination.

Rights and Humanity illustrated the devastating effects of AIDS-related discrimination on the lives of people living with AIDS, their families and associates. We also explained the negative consequences of discrimination on the public health measures. Discrimination against people with HIV tended to “push AIDS underground” making it more difficult to prevent the further spread of HIV.

Commissioned by WHO
In 1989, Rights and Humanity had encouraged the appointment of a Special Rapporteur on AIDS. The UN Sub-Commission entrusted Mr. Louis Varela Quirós of Costa Rica with undertaking a study of the problems and causes of discrimination against HIV-infected people or people with AIDS. Being unfamiliar with the issues, the Special Rapporteur sought the support of WHO, which in turn commissioned Rights and Humanity to draft the Special Rapporteur’s reports drawing on our existing research material.

Strategies for Action
In the Special Rapporteur’s reports Rights and Humanity made the following proposals for action:

Supportive Environment: The Global AIDS Strategy promoted by WHO and adopted by states throughout the world advocated the avoidance of stigma and discrimination. This required the establishment of supportive policy and social environments, including the legal protection of the human rights of people living with HIV/AIDS.

Multi-stakeholder Partnerships: Partnerships involving many sectors of society were required.

Empowerment rather than Coercion: People with HIV/AIDS should not be considered as irresponsible nor as “suffering victims”. Coercive measures such as isolation or imprisonment had been shown to be counter-productive.

Participation of people with HIV/AIDS: The active participation of those most affected by HIV/AIDS was essential to address the ignorance and prejudice which breeds discrimination and social stigma. People with HIV/AIDS were the most powerful, credible and sensitive spokespeople of the pandemic.

Strengthening Legal and Policy Protection of Human Rights: Experience to date had shown that the legal prohibition of AIDS-related discrimination provided a powerful tool as part of a wider education/prevention programme.

Rights and Humanity’s reports raised for the first time in the UN such issues as:
AIDS orphans: pointing out that families were hesitant to adopt or foster children who had been orphaned as a result of AIDS, because they did not understand the limited routes of infection and feared for their own children
Moralistic Judgements: AIDS had inappropriately been referred to as “nature’s revenge for immoral behaviour” leading to rejection and stigmatisation.
Racism: raising awareness that certain races were being “blamed” for “starting” the AIDS pandemic. For example, one country’s blood transfusion service was discouraging people from donating blood if they had had sexual intercourse with a person from a certain region, without reference to any particular country’s level of seroprevalence.

Impact
The reports helped raise awareness among governments and within the wider human rights community of the serious human rights concerns raised by the HIV/AIDS pandemic. The studies prompted debates within the Sub-Commission and encouraged governments and human rights NGOs to work to prevent AIDS-related discrimination.

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