Regional legal fraternity urged to update HIV/AIDS Discrimination Laws

United Nations Development Programme (UNDP) Resident Representative of Guyana and Suriname Gerardo Noto on Tuesday stated that to eliminate HIV/AIDS by 2030, there must be a revision of the necessary legislation to ensure their legal framework is robust and enabling.
He was at the time speaking at the National Judges Forum on HIV, Human Rights and The Law at the Guyana Marriott Hotel where several legal luminaries gathered. The event was organised by the Judaical Education Institutes of Guyana and Trinidad and Tobago in collaboration with the United Nations Development Programme (UNDP).
“The more protective and enabling the legal policy environment of a country, the lower the HIV prevalence and the more people accessing health services including HIV prevention, testing and treatment services” Noto told the gathering.

On this point, he highlighted that the 2021 political declaration on HIV/AIDS, ending inequalities and getting on track to end AIDS by 2030 affirms UN member states commitment towards achieving the 10/10/10 goal by 2025.
“To ensure that by 2025, less than 10% of countries would have punitive legal and policies environments that deny or limit access to services, less than 10% of people living with HIV in key populations would experience stigma and discrimination and less than 10% of women, girls and people living with HIV in key populations would experience gender inequality.”
He further noted that the members of the judiciary have a crucial role in drafting a legal landscape that upholds and protects human rights.

Also speaking at the forum was Trinidad and Tobago High Court Judge, Madame Justice Avason Williams who related that some legal practitioners ignore the topic of HIV. She stated that persons living with HIV must have access to justice like other members of the population.
“We have to prepare ourselves that when we are called upon to adjudicate on matters where members of key populations or persons living with HIV, whatever is the dispute we have to prepare ourselves that we are not moved by history, our religious beliefs issues of ignorance of scientific issues concerning HIV/AIDS and related matters”

She further stated that all persons living with HIV must have access to justice, however if citizens fear discrimination to the extent they are unwilling to approach the court, then legal practitioners will not have the opportunity to treat citizens equally.
Moreover, Guyana’s Chief Justice Madame Roxane George revealed how a similar workshop held in 2002 helped change her perspectives on HIV-related matters.
“The workshop was very, very impactful on me and thereafter I became more involved in participating in sensitisation seminars with a particular focus on gender dimensions of HIV-AIDS that affect women and girls. Apart from fueling my interest in addressing human rights and the law, including HIV, my main takeaway from that 2002 regional workshop was how to relate to and treat vulnerable persons, including persons living with HIV, to do so with understanding and empathy, with respect for their human rights, while appreciating the importance of confidentiality.”
George further emphasised that these forums are important steps towards implementing new laws. “Forums such as this can be implementation of measures by the state in fulfilment of our constitutional and international law obligations” she asserted.
Additionally, Chancellor of the Judiciary of Guyana Madame Justice Yonette Cummings spoke about the importance of legal entities collaborating with ministries among other organisations to better their services.
“That intersection between health and the law is critical if we had remained in our courtrooms or our chambers, we would not have been any wiser about the information we have gathered so far today” she stated.
The Chancellor further added that by improving judicial education they can ensure that the competence of the judiciary is maintained, which she noted will ensure that citizens receive the highest standards of service.
The forum sets the pace for another meeting slated for later this year, where additional discussions on the role of the judicial system in the protection of persons living with HIV and other key populations will be discussed.