Protection of human rights in the context of human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS).

1993/53. Protection of human rights in the context of human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS)

The Commission on Human Rights, Recalling General Assembly resolutions 45/187 of 21 December 1990 and 46/203 of 20 December 1991, Economic and Social Council resolution 1990/86 of 27 July 1990, World Health Assembly resolutions WHA41.24 of 13 May 1988 and WHA43.10 of 16 May 1990 on women, children and AIDS, general recommendation 15 of the Committee on the Elimination of Discrimination against Women and other relevant resolutions and decisions adopted by organizations of the United Nations system as well as by other competent forums, Recalling its resolution 1990/65 of 7 March 1990, in which it endorsed the appointment by the Sub-Commission on Prevention of Discrimination and Protection of Minorities of Mr. Luis Varela Quirós to undertake a study on problems and causes of discrimination against people infected with the human immunodeficiency virus (HIV) or people with acquired immunodeficiency syndrome (AIDS), and its resolution 1992/56 of 3 March 1992 concerning discrimination against people with HIV infection or AIDS, Acknowledging the significant role of the World Health Organization, within the framework of the global strategy for the prevention and control of AIDS, in combating discrimination against HIV-infected persons, including people with AIDS, Taking note of the results of the International Consultation on AIDS and Human Rights organized by the Centre for Human Rights in cooperation with the World Health organization at Geneva in July 1989, as well as those of other relevant consultations, conferences and meetings on this subject, Recognizing the major contribution made by national and international non-governmental organizations, in particular organizations of people with HIV or AIDS and the International Federation of Red Cross and Red Crescent societies, in fighting discrimination against and advocating the rights of people living with HIV and AIDS, Taking note of the Rights and Humanity Declaration and Charter on HIV and AIDS (Bee E/CN.4/1992/82), Recognizing that the challenges presented by HIV and AIDS require renewed efforts to ensure universal respect for, and observance of, human rights and fundamental freedoms for all, Concerned that lack of full enjoyment of their fundamental rights by persons suffering from economic, social or legal disadvantage heightens their vulnerability to the risk of HIV infection, Alarmed at discriminatory laws and policies and the emergence of new forms of discriminatory practices which deny people with HIV infection or AIDS, their families and associates enjoyment of their fundamental rights and freedoms, Recognizing that anti-discrimination measures form a component part of an effective public health strategy, Stressing that discrimination and stigmatization are counter-productive 15 to AIDS control measures, Emphasizing the need for Governments, in a spirit of human solidarity and tolerance, to counter social stigmatization and discrimination against those affected by HIV and AIDS, their families and those with whom they live, and people considered to be at risk of infection,

1. Calls upon all States to ensure that their laws, policies and practices introduced in the context of AIDS respect human rights standards;

2. Also calls upon all States to take all the necessary steps to ensure the full enjoyment of civil, political, economic, social and cultural rights by people with HIV or AIDS, their families and those in any way associated with them and people presumed to be at risk of infection, with particular attention to women, children and other vulnerable groups, in order to prevent discriminatory action against them or their social stigmatization and to ensure their access to the necessary care and support;

3. Urges all States to include in their AIDS programmes measures to combat social stigmatization and discrimination and to take the necessary steps to develop the supportive social environment necessary for effective AIDS prevention and care;

4. Invites the Human Rights Committee, the Committee on Economic, IV Social and Cultural Rights and other similar bodies to give full attention to monitoring States parties, compliance with their commitments under the relevant human rights instruments regarding the rights of people infected with HIV or AIDS, their families and people with whom they live, or people presumed to be at risk of infection;

5. Welcomes the preliminary report (E/CN.4/Sub.2/1990/9) and the progress reports (E/CN.4/Sub.2/1991/10 and E/CN.4/Sub.2/1992/10) of Mr. Luis Varela Quirós, special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on discrimination against HIV-infected people or people with AIDS;

6. Endorses the requests addressed by the Sub-Commission, in its decision 1992/108 of 27 August 1992, to Mr. Varela Quirós to submit his final report to the Sub-Commission at its forty-fifth session, and to the Secretary-General to give the Special Rapporteur such assistance as he may require to accomplish his work;

7. Decides to consider the final report of Mr. Varela Quirós at its fiftieth session.

63rd meeting
9 March 1993
[Adopted without a vote. See chap. XI.]

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