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Abstract
State obligations to respect, protect and fulfil human rights in case of HIV/AIDS
A. Caplazi1, K. Pärli1, C. Suter2
Background: According to the Committee on Economic, Social and Cultural Rights, General Comment No 12 (1999), States parties have the obligation to respect, to protect and to fulfil (facilitate) the rights of everyone under the economic, social and cultural rights or any other human right. The obligation to respect means that states do not take any measures that prevent the enjoyment of human rights; the obligation to protect requires measures by states that ensure the enjoyment of human rights and the obligation to fulfil means states pro-actively engage in activities in order to improve the use of the entitlements individuals have.
Methods: Comparative legal study of the anti-discrimination protection for HIV/Aids in employment as well as the public health policies in Switzerland, Germany, France, England and Canada.
Results: Detailed results will be presented at the Conference. The results will show that the overall task is to promote the elimination of discrimination on grounds of disability through all levels of state obligations. However, the result will also show that the implementation of the anti-discrimination protection and the efficiency of measures taken will diver widely among the compared legal systems.
Conclusions: As for the second level of state obligations, protecting the spheres of people with HIV/Aids from discrimination, marginalisation and stigmatisation contributes to the individual’s well-being and consequently to a rational behaviour by the individual. The integration of the affected individuals finally makes for the maximal realization of public health goals such as to minimize the risk of the spread of HIV/Aids. As for the third level of state obligations, for those individuals who are unable, for reasons beyond their control (constantly barred by discriminatory practice on the ground of HIV/Aids), to conduct a self-determined life, states have to develop policies to prevent discrimination in order to secure an adequate livelihood for those.
AIDS 2006 - XVI International AIDS Conference
Abstract no.
CDE0291
Suggested Citation
"A.Caplazi, et al.
State obligations to respect, protect and fulfil human rights in case of HIV/AIDS.
:
AIDS 2006 - XVI International AIDS Conference:
Abstract no.
CDE0291"
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