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Abstract
Creating a framework for law reform in the South Pacific
A L Jowitt
University of the South Pacific, Port Vila, Vanuatu
Issues: Within the South Pacific region law reform is not well integrated into responses to HIV. Law reforms have been limited and reactionary. Policy discussion has also been reactionary and inconsistent with 'best practice' standards in the field of law reform. Cultural and political issues are largely responsible for this inadequate response from the legal sector.
Description: This paper draws upon socio-legal theory and international 'best practice' standards to develop a framework for HIV related law reform that is appropriate to the cultural settings within South Pacific island countries (PICs). The aim of developing this framework is to assist legislators in individual PICs to create wholistic HIV related law reform solutions that have clearly identified objectives and are specific to the situations of their particular countries.
Lessons learned: An analysis of the reasons for the inadequate response of the legal sector to the issue of HIV provides a number of lessons relating to how the perception of HIV has created barriers to effective law reform. In particular, whilst HIV is viewed as a disease of modernisation effective law reform in the region is unlikely to occur.
Recommendations:
The framework that has been suggested to address HIV related law reform issues in PICs implictly contains a number of recommendations. First, a piecemeal approach to law reform is unlikely to be satisfactory. Second, law reform activities must have clearly identified objectives that are realistic and acknowledge the limited impact of the law on behaviour. Third, law reform solutions from other countries cannot simply be imported into post-colonial PICs if they want to be accepted, both by legislators and by the public. Instead providing a framework that draws upon international experience but allows legislators to develop autocthonous solutions to HIV related law reform is to be preferred.
The XIV International AIDS Conference
Abstract no.
TuPeE5085
Suggested Citation
" A L Jowitt ,
Creating a framework for law reform in the South Pacific
.
Poster Exhibition:
The XIV International AIDS Conference:
Abstract no.
TuPeE5085"
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