Positive legal determinants


Pos­i­tive legal deter­mi­nants refers to the recog­ni­tion that laws and reg­u­la­tions can pos­i­tively affect health out­comes, includ­ing for peo­ple liv­ing with HIV sta­tus. This recog­ni­tion is sup­ported by an increas­ing body of evi­dence doc­u­ment­ing that pos­i­tive effects that law, reg­u­la­tions, and poli­cies can have on health out­comes includ­ing by facil­i­tat­ing access to health­care, empow­er­ing com­mu­nity response, and pro­tect­ing mar­gin­al­ized and vul­ner­a­ble groups. The term pos­i­tive legal deter­mi­nants is broad and includes laws, reg­u­la­tions, poli­cies, prac­tices, among other legal deter­mi­nants. These can be enacted by national gov­ern­ments, region­ally, or through sources of inter­na­tional law. Pos­i­tive legal deter­mi­nants include laws con­sist­ing of inclu­sive legal poli­cies and insti­tu­tional reforms which have the capa­bil­ity to ensure jus­tice along with equi­table health out­comes. Law and pol­icy can enable great strides in the fight against HIV/AIDS. When deci­sion-mak­ers rec­og­nize, sup­port, and decrim­i­nalise key pro­grams and pop­u­la­tions, they allow com­mu­nity-led and jus­tice-ori­ented responses to flour­ish.

Inclu­sive pol­icy stances ensure that there is less fear lead­ing to bet­ter test­ing rates and adher­ence to antivi­ral ther­apy and hence bet­ter health out­comes. Futher­more, these poli­cies ensure that the rights of the mar­gin­alised are not infringed and when they are there is greater space for redres­sal. Pos­i­tive legal deter­mi­nants like these can ben­e­fit entire juris­dic­tions by improv­ing access to health ser­vices, enforc­ing the human right to health, and build­ing com­mu­nity capac­ity.


2022 Resolution on Violence Against Women Migrant Workers

2021 Global AIDS Strategy 2021-2026

2021 Political declaration on HIV and AIDS

2021 HRC resolution on human rights in the context of HIV and AIDS

2020 Resolution on violence against women migrant workers

2019 UNESC Resolution on UNAIDS

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

2016 Outcome Document of the Session on the World Drug Problem

2016 HRC Resolution on civil society space

2016 CND Gender Perspective in Drug-related Policies and Programmes

2016 Resolution on the girl child

2012 Resolution on women in development

2011 Political Declaration on HIV and AIDS

2011 Resolution on trafficking in women and girls

2010 HRC On the rights of the child: the fight against sexual violence

2009 ECOSOC Resolution on UNAIDS

2007 WHA Resolution on progress in the rational use of medicines

2006 Political Declaration on HIV/AIDS

2005 Resolution on the World Summit outcome

2001 Declaration of Commitment on HIV/AIDS

2000 WHA on HIV/AIDS: confronting the epidemic

Expert precedents

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


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

2022 WHO Guidance on Differentiated and Simplified PrEP for HIV Prevention