Judging the epidemic: A judicial handbook on HIV, human rights and the law

The global AIDS response is yielding unprecedented results. Worldwide, new HIV infections were down 20% in 2012 compared to 2001. For the first time, a majority of people eligible for lifesaving HIV treatment in low- and middle-income countries is now receiving it.

In 2011, UNAIDS promoted a vision of “Zero new HIV infections, Zero AIDS-related deaths and Zero Discrimination” — a vision that seems increasingly possible to achieve. However, “Zero Discrimination” appears the most difficult zero to attain. Stigma, discrimination and punitive approaches against people living with or at risk of HIV remain highly prevalent. They not only hurt those who suffer them, but they also threaten effective responses to the epidemic. Ending HIV requires enabling legal and social environments that guarantee the health, dignity and security of all people living with or at risk of HIV. This is the only way to ensure that all those in need of HIV prevention, treatment, care and support have access to these services without fear of discrimination. Courts are often the last avenue for redress for those who suffer HIV-related discrimination or those whose health and rights have been overlooked. From the South African Constitutional Court to the Delhi High Court, we see examples of bold judicial leadership upholding the rights of people living with or at risk of HIV, and speaking out for their inclusion and dignity. These judges are also transforming the AIDS response.

Addressing HIV-related stigma and discrimination is not an easy challenge. It requires action from all branches of government and all quarters of society. The judiciary is an essential partner in this quest for justice, equality and redress for harm.

This handbook is intended to assist members of the judiciary and other legal professionals in their important work, enabling them to make HIV what it should be — a manageable health condition, not a source of discrimination or recrimination.

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