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Result Area 5: People living with HIV, key populations and people at risk of HIV enjoy
human rights, equality and dignity, free of stigma and discrimination
138. Stigma, discrimination and other human rights violations in the context of HIV both
reflect and drive the inequalities that undermine HIV responses. Everyone, including
people living with and affected by HIV, should enjoy human rights, equality and dignity.
139. The goal of zero discrimination still eludes the world. In 25 of 36 countries with recent
data, more than 50% of people aged 15–49 years displayed discriminatory attitudes
towards people living with HIV. Denial of health services to people living with HIV
remains distressingly common, and the prevalence and effects of discrimination are
often especially acute for members of key populations, who face multiple, overlapping
forms of discrimination. In humanitarian settings, people living with HIV, key populations
and survivors of sexual and gender-based violence often experience social exclusion,
mandatory HIV testing, stigma, and discrimination, as well as access barriers that are
exacerbated by HIV criminalization laws and travel restrictions. In 2019, one in three
women living with HIV reported to have experienced at least one form of discrimination
related to their sexual and reproductive health in the previous 12 months.
140. Punitive laws, the absence of enabling laws and policies, and inadequate access to
justice contribute to the inequalities that undermine HIV responses. At least 92 countries
criminalize HIV exposure, nondisclosure and/or transmission, and 48 countries or
territories continue to block people living with HIV from entry, stay or residence. Among
countries reporting data to UNAIDS in 2019, 32 criminalized and/or prosecuted
transgender persons, 69 criminalized same-sex sexual activity, 129 criminalized some
aspect of sex work, and 111 criminalized the use or possession of drugs for personal
use. The health and well-being of people living in prisons or other closed settings are
routinely put at risk by punitive laws and policies, including denial of access to essential
health services.
141. Efforts to anchor HIV responses in human rights principles and approaches, including
the priority actions outlined below, can only be achieved through strong political
leadership and the active engagement and leadership of community-led responses that
are adequately resourced to advocate for, monitor and implement rights-based
responses.
142. In working towards the goal of zero discrimination, important progress needs to be
continued, accelerated, scaled up and funded. Stigmatizing attitudes have declined
notably in numerous countries, and U=U has the potential to accelerate anti-stigma
efforts. Since 2016, over 89 countries have reviewed and reformed punitive and
discriminatory laws and policies in line with the recommendations of the Global
Commission on HIV and the Law. The Global Fund’s Breaking Down Barriers initiative
has channeled critical new funding for initiatives to reduce human rights barriers to HIV,
TB and malaria services. In a sign of important commitment to a human rights-based
response, 18 countries have joined the Global Partnership for Action to Eliminate All
Forms of HIV-related Stigma and Discrimination. They have pledged to address HIV-
related stigma and discrimination in health care, education, workplace, justice,
individuals and communities and emergency and humanitarian settings.
143. This Strategy includes ambitious targets to sharply reduce the prevalence and impact of
social and structural drivers. The Strategy seeks to ensure that, by 2025, less than 10%
of countries have punitive legal and policy environments, less than 10% of people living
with HIV and key populations experience stigma and discrimination, and less than 10%
of women, girls, people living with HIV and key populations experience gender inequality
and violence.