HIV and Human Rights - KnowledgeConnect PAN

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While there is no singular comprehensive human rights treaty regarding HIV, there are many provisions from other treaties, declarations, and covenants that can be extrapolated to apply to the response to HIV.

This includes both physical and mental health, and states must do everything in their power to enforce this. There are four main aspects of the right to health:

Availability – healthcare and public health facilities are obtainable and ready to use.
Accessibility – healthcare facilities and services can be reached without barriers such as discrimination
Acceptability – healthcare facilities and services respect medical and cultural practices.
Quality – where facilities and services must operate to a high standard

Additionally, providers are obligated to ensure that all members of society, especially marginalized populations, have equal access to HIV-related prevention, treatment, and support.

CONTEXTUAL EXAMPLE – Equality in Access to HIV Prevention Options for Women

Equality does not always mean providing everyone with the same service. Sometimes it means ensuring people have access to different options that meet their specific needs and circumstances. So, more in the realm of equity instead of equality. For example, some women may benefit from long-acting injectable PrEP because daily oral medication can be difficult to maintain due to housing instability, caregiving responsibilities, stigma, privacy concerns, or other barriers. Ensuring equitable access to a range of evidence-based HIV prevention options helps support the right to health and freedom from discrimination.

Although oral PrEP is highly effective when taken as prescribed, some women may face biological, social, or structural factors that make daily oral PrEP less practical or less effective in real-world settings. Expanding access to a range of HIV prevention options, including long-acting injectable PrEP, can help ensure that women have prevention choices that align with their circumstances and health needs.

Long-acting injectable PrEP (cabotegravir) has emerged as an important HIV prevention option for women. Clinical trials involving women found that injectable cabotegravir was significantly more effective than daily oral PrEP in preventing HIV acquisition, largely because it does not rely on taking a pill every day. One major study found an approximately 89% lower risk of HIV acquisition among women using injectable cabotegravir compared with women using daily oral tenofovir/emtricitabine.

People living with HIV have the right to be treated fairly, equally, and with dignity. They are entitled to the same legal protections, opportunities, services, and benefits as everyone else, without discrimination based on their HIV status. Human rights protections apply whether a person is living with HIV, is perceived to have HIV, has a history of HIV-related illness, or is associated with someone living with HIV.

Discrimination can occur when a person is treated unfairly because of their HIV status. This may be intentional or unintentional and can include policies, practices, or decisions that create barriers or unequal treatment.

People living with HIV have the right to:

Access healthcare services without stigma, refusal of care, or unnecessary precautions beyond standard infection-control practices.
Apply for jobs, receive promotions, and work in environments free from discrimination and harassment.
Access housing, education, insurance, and public services without being treated unfairly because of their HIV status.
Have their personal health information kept confidential, except where disclosure is legally required.
Seek accommodation when HIV-related health needs affect their ability to work, learn, or access services.
File complaints and seek remedies if they experience discrimination.

In Canada, human rights protections are found in the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, and provincial or territorial human rights legislation. These laws recognize the importance of equality, dignity, and freedom from discrimination. HIV is generally recognized as a disability within human rights frameworks, meaning people living with HIV are protected from discrimination in areas such as employment, housing, services, and membership in professional or labour organizations.

Promoting equality before the law means ensuring that people living with HIV can participate fully in community life, access services on an equal basis, and exercise their rights without fear of stigma, discrimination, or unfair treatment.

CONTEXTUAL EXAMPLE – Equality in Access to HIV Prevention Options for Women

Further Reading & Resources