2021 Global AIDS Strategy 2021-2026
Analysis of precedential value
UNAIDS is guided by its Programme Coordinating Board (PCB) with representatives of 22 governments from all geographic regions, the UNAIDS Cosponsors, and five representatives of nongovernmental organizations, including associations of people living with HIV. The PCB establishes the broad policies and priorities for UNAIDS.
The Global AIDS Strategy was adopted unanimously by decision of the PCB. As noted in the foreword to the adopted Strategy, it “sets out evidence-based priority actions and bold targets to get every country and every community on-track to end AIDS as a public health threat by 2030.” In the decision adopting the Strategy, the PCB reaffirmed “that, in implementing the Global AIDS Strategy 2021-2026, national strategies and contexts of the countries concerned should be considered”.
Used as precedent
human rights, negative legal determinants, positive legal determinants
“Less than 10% of countries have punitive legal and policy environments that deny or limit access to services:
(i) Less than 10% of countries criminalize sex work, possession of small amounts of drugs, same-sex sexual behaviour, and HIV transmission, exposure or nondisclosure by 2025;
(ii) Less than 10% of countries lack mechanisms for people living with HIV and key populations to report abuse and discrimination and seek redress by 2025;
(iii) Less than 10% of people living with HIV and key populations lack access to legal services by 2025;
(iv) More than 90% of people living with HIV who experienced rights abuses have sought redress by 2025.” (annex 1, 2025 targets)
stigma and discrimination
“Less than 10% of people living with HIV and key populations experience stigma and discrimination;
(i) Less than 10% of people living with HIV report internalized stigma by 2025;
(ii) Less than 10% of people living with HIV report experiencing stigma and discrimination in health care and community settings by 2025;
Less than 10% of key populations (i.e., gay men and other men who have sex with men, sex workers, transgender people and people who inject drugs) report experiencing stigma and discrimination by 2025;
(iii) Less than 10% of the general population reports discriminatory attitudes towards people living with HIV by 2025;
(iv) Less than 10% of health workers report negative attitudes towards people living with HIV by 2025;
(v) Less than 10% of health workers report negative attitudes towards key populations by 2025;
(vi); Less than 10% of law enforcement officers report negative attitudes towards key populations by 2025.” (annex 1, 2025 targets)
bodily autonomy and integrity, gender equality, key and vulnerable populations
“Less than 10% of women, girls, people living with HIV and key populations experience gender inequality and violence;
(i) Less than 10% of women and girls experience physical or sexual violence from an intimate partner by 2025;
Less than 10% of key populations (i.e., gay men and other men who have sex with men, sex workers, transgender people and people who inject drugs) experience physical or sexual violence by 2025;
(ii) Less than 10% of people living with HIV experience physical or sexual violence by 2025;
(iii) Less than 10% of people support inequitable gender norms by 2025;
(iv) Greater than 90% of HIV services are gender-responsive by 2025.” (annex 1, 2025 targets)
key population and community leadership
“30% of testing and treatment services to be delivered by community-led organizations, with focus on: enhanced access to testing, linkage to treatment, adherence and retention support, treatment literacy, and components of differentiated service delivery, e.g. distribution of ARV (antiretroviral treatments).” (annex 2, 2025 targets)
“80% of service delivery for HIV prevention programmes for key populations to be delivered by community-led organizations” (annex 2, 2025 targets)
“If we are to reduce HIV-related inequalities and get the response on-track to end AIDS by 2030, communities living with or affected by HIV must lead the way. Communities living with and affected by HIV have been the backbone of the HIV response at every level, from global to national to community. They advocate for effective action; they inform local, national, regional and international responses regarding communities’ needs; and they plan, design and deliver services. They also advance the realization of human rights and gender equality, and support the accountability and monitoring of HIV responses. Communities give voice to people who are often excluded from decision- making processes. Effective community-led HIV responses must be adequately resourced and supported to enable communities to play their vital roles as equal, fully- integrated partners in national systems for health and social services.” (paragraph 132)
“Progress in recent years demonstrates the essential role of community-led HIV responses in global efforts to end AIDS. Communities have led efforts to identify and address key inequalities; expanded the evidence base for action to end AIDS as a public health treat; supported the planning and implementation of national HIV responses; identified key issues and gaps for national and multilateral governance and coordination bodies; expanded the reach, scale, quality and innovation of HIV services; and played a visible role as defenders of human rights. As of 2019, community and key population-led HIV prevention programmes that exceeded 80% coverage in many countries were among the most effective. With acute resource constraints, it is critical to prioritize HIV programmes that deliver optimal results in prevention, testing, linkages to treatment, treatment literacy and adherence support that are led by people living with HIV, key populations and women.” (paragraph 133)
“Fully implement the GIPA (Greater Involvement of People living with AIDS) principle to put the leadership of people living with HIV at the centre of HIV responses, ensure that networks of people living with HIV and key populations are represented in decision-making bodies and can influence the decisions that affect their lives, and have access to technical support for community mobilization, strengthened organizational capacities, and leadership development.” (paragraph 137(a))
gender equality, key population and community leadership, positive legal determinants, stigma and discrimination
“80% services for women, including prevention services for women at increased risk to acquire HIV, as well as programmes and services for access to HIV testing, linkage to treatment (ART), adherence and retention support, reduction/elimination of violence against women, reduction/elimination of HIV related stigma and discrimination among women, legal literacy and legal services specific for women- related issues, to be delivered by community-led organizations that are women-led” (annex 2, 2025 targets)
key population and community leadership, positive legal determinants, societal enablers, stigma and discrimination
“ 60% of the programmes supporting the achievement of societal enablers, including programmes to reduce/eliminate HIV-related stigma and discrimination, advocacy to promote enabling legal environments, programmes for legal literacy and linkages to legal support, and reduction/elimination of gender-based violence, to be delivered by community-led organizations.” (annex 2, 2025 targets)
negative legal determinants, stigma and discrimination
“Reaching the societal enabler targets in this Strategy is crucial. Modelling indicates that failure to reach the targets for stigma and discrimination, criminalization and gender equality will prevent the world from achieving the other ambitious targets in the Strategy and will lead to an additional 2.5 million new HIV infections and 1.7 million AIDS-related deaths between 2020 and 2030.” (paragraph 85)
gender equality, negative legal determinants, stigma and discrimination
“Recognizing the equal worth and dignity of every person is not only an ethical imperative and an obligation arising from international human rights instruments, it is central for ending AIDS as a public health threat. SDG 3 cannot be achieved if stigma, discrimination, criminalization of key populations, violence, social exclusion and other human rights violations in the context of HIV are allowed to continue and if HIV-related inequalities persist. The evidence consistently shows that the criminalization of people living with HIV and key populations reduces service uptake and increases HIV incidence. Gender inequalities also increase the HIV vulnerability of women and girls, with women who experience intimate partner violence in high-prevalence settings more than 50% more likely to be living with HIV.” (paragraph 129)
key population and community leadership, societal enablers
“With its new targets for societal enablers, the Strategy demands that the same commitment and attention to technical detail that has characterized the HIV response’s programmatic efforts be applied to the urgent business of addressing the social and structural factors that slow progress against AIDS. The Strategy prioritizes lessons from recent successes and applies them more broadly, especially in countries where inequalities are enabled by punitive legal and policy frameworks. Communities of people living with, affected by, or most at risk of HIV must be supported and effectively resourced to galvanize actions that can reduce inequalities in the response and to ensure that responses meet the needs of all people.” (paragraph 131)
key population and community leadership, negative legal determinants
“As seen during COVID-19 pandemic, under-utilization of the potential of communities is compounded by an acute shortage of resources for community-led responses. Shrinking space for civil society in many countries, as well as persistent social and structural factors, exacerbate the pressures on community-led HIV responses and increase the risk of violence against organizations that serve key populations or other marginalized groups.” (paragraph 135)
negative legal determinants
“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.” (paragraph 140)
human rights, key population and community leadership, positive legal determinants
“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.” (paragraph 141)
key population and community leadership, negative legal determinants
“Create an enabling legal environment by removing punitive and discriminatory laws and policies, including laws that criminalize sex work, drug use or possession for personal use and consensual same-sex sexual relations, or that criminalize HIV exposure, nondisclosure or transmission. Introduce and enforce protective and enabling legislation and policies, and end the overuse of criminal and general laws to target people living with HIV and key populations.” (paragraph 144(c))
human rights, positive legal determinants
“Ensure accountability for HIV-related human rights violations by increasing meaningful access to justice and accountability for people living with or affected by HIV and key populations. This includes increasing collaboration among key stakeholders, supporting legal literacy programmes, increasing access to legal support and representation and supporting community monitoring for people living with or affected by HIV.” (paragraph 144(e))
gender equality
“Gender inequality is a key driver of the AIDS epidemic. Unequal power dynamics between men and women and harmful gender norms increase the HIV vulnerability of women and girls in all their diversity, deprive them of voice and the ability to make decisions regarding their lives, reduce their ability to access services that meet their needs, increase their risks of violence or other harms, and hamper their ability to mitigate the impact of AIDS.” (paragraph 145)
gender equality, negative legal determinants
“Policy barriers, such as age-of-consent laws for accessing HIV testing or sexual and reproductive health services, as well as the social stigma associated with using those services, hinder adolescent girls from making decisions about their own sexual and reproductive health. Discriminatory laws and practices should be repealed, using the Convention on Elimination of All Forms of Discrimination Against Women as a monitoring tool to highlight violations of the rights of women living with and affected by HIV.” (paragraph 148)
comprehensive sexuality education, gender equality
“A lack of education and economic opportunities and insufficient or nonexistent access to comprehensive sexuality education also increase women and girls’ vulnerability to HIV. Research evidence confirms that completion of secondary education can help protect girls against HIV acquisition, while also yielding broader social and economic benefits. Comprehensive sexuality education helps improve young people’s knowledge about HIV and counters misinformation about sexual and reproductive health. A growing body of data has validated numerous, intersectoral, gender-transformative interventions. Important, though still inadequate, investments by the Global Fund, the United States President’s Emergency Plan for AIDS Relief (PEPFAR), UN Women, UNICEF and other partners are supporting the empowerment, mobilization and leadership of women living with HIV, women from key populations, and adolescent girls and young women.” (paragraph 150)
gender equality, intersectionality
“Prioritize people who are left behind due to their gender, age, sexual orientation or gender identity or occupation. Ensure that women and girls who face intersecting forms of discrimination and violence (e.g. indigenous women, women with disabilities, women who use drugs, women in prison, female sex workers and transgender women) receive the tailored services and support they need, and ensure that they are meaningfully engaged in HIV-related decision-making. Ensure access to rights literacy and meaningful complaint and redress mechanisms for violations of their human rights in the context of HIV.” (paragraph 153(f))
gender equality, negative legal determinants, reproductive rights, sexual rights
“Repeal discriminatory laws and policies that increase women and girls’ vulnerability to HIV and address violations of their sexual and reproductive health and rights.” (paragraph 153(h))
gender equality, key population and community leadership
“Invest in women-led responses to HIV and in initiatives to support and build women’s leadership––particularly networks of women and girls living with HIV, and women in key populations––in the design, budgeting, implementation and monitoring of the HIV response at regional, national, subnational and community levels.” (paragraph 153(i))
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