Negative legal determinants


Neg­a­tive legal deter­mi­nants refers to the recog­ni­tion that laws and reg­u­la­tions can neg­a­tively affect health out­comes, includ­ing for peo­ple liv­ing with HIV sta­tus. This recog­ni­tion is sup­ported by an increas­ing body of evi­dence doc­u­ment­ing the neg­a­tive effects of laws, reg­u­la­tions, and poli­cies on health out­comes includ­ing by imped­ing access to health­care, frus­trat­ing com­mu­nity response and fur­ther stig­ma­tiz­ing the mar­gin­al­ized groups. The term neg­a­tive legal deter­mi­nants is a broad term and includes laws, reg­u­la­tions, poli­cies, prac­tices, among other legal deter­mi­nants. These can be enacted by national gov­ern­ments, region­ally, or through sources of inter­na­tional law. Neg­a­tive legal deter­mi­nants include laws that crim­i­nal­ize, pun­ish, or dis­crim­i­nate against peo­ple liv­ing with HIV or other health con­di­tions.

Pop­u­la­tions that are key and vul­ner­a­ble to HIV are stig­ma­tized and sub­jected to dis­crim­i­na­tory treat­ment because of soci­etal rea­sons but also through their inter­ac­tion with legal sys­tems. Despite the evi­dence on the impacts of such poli­cies, stigma­ti­za­tion and dis­crim­i­na­tion includ­ing through crim­i­nal­iza­tion of sex work, homo­sex­u­al­ity, and injec­tion of drugs con­tin­ues to exists.


2022 Resolution on Violence Against Women Migrant Workers

2021 Global AIDS Strategy 2021-2026

2021 Political declaration on HIV and AIDS

2021 CSW Report on women and HIV/AIDS

2018 HRC Resolution on human rights in the context of HIV and AIDS

2018 Political declaration of the HLM on the fight against TB

2017 Resolution on international cooperation to address and counter the world drug problem

2016 Political Declaration on HIV and AIDS

2011 Political Declaration on HIV and AIDS

2010 HRC Resolution on the elimination of discrimination against women

Expert precedents

2022 OHCHR Annual Report on Human Rights and HIV/AIDS

2022 Report of the Special Rapporteur on the Right to Health

2022 Report of the Independent Expert on SOGI: Law of Inclusion

2019 OHCHR Annual report on human rights and HIV

2016 General Comment No.22 on the Right to Sexual and Reproductive Health


2022 WHO Consolidated Guidelines on HIV, Viral Hepatitis and STI Prevention, Diagnosis, Treatment and Care for Key Populations

2021 State of World Population

2020 Evidence Review of the UNAIDS Strategy 2016-2021

2016 Prevention Gap Report