393P
DEVELOPING OPTIONS-BASED MODEL LEGISLATION IN THE CONTEXT OF HIV/AIDS
R Pearshouse1, R Elliott2, J Csete1, G Betteridge2
¹Canadian HIV/AIDS Legal Network, Montréal, Québec; 2Canadian HIV/AIDS Legal Network, Toronto, Ontario
Background: Law can be instrumental in impeding or promoting initiatives to address the underlying socio-economic determinants of infection and impact. It is recognized that an expanded response to the epidemic, which aims to reduce risk, vulnerability and impact, requires supportive legal and social norms. Model legislation on HIV/AIDS does not exist.
Description: We have analyzed the rationale and process for developing model legislation in the context of HIV/AIDS. We have identified two areas in which model legislation designed to comprehensively address vulnerability would be a useful resource for developing countries and countries in transition.
Lessons learned: 1. The project should produce: (a) a legal framework that facilitates harm reduction approaches so as to respect, protect and fulfil the human rights of injecting drug users; and (b) a legal framework so as to respect, protect and fulfill women's rights in the context of HIV/AIDS. 2. Model legislation should encompass a broad range of appropriate principles contained in international human rights treaties, the UNGASS Declaration of Commitment and the International Guidelines. It should be informed by the experiences of law reform initiatives in various countries. 3. Developing "options-based" model legislation would enable countries to adapt the legislation to local conditions while maintaining public health effectiveness and complying with international legal obligations. 4. As the legislation is primarily intended to serve as a resource for developing countries and countries in transition, the process of development is critical for implementation at country level. Stakeholders from countries in Eastern Europe/ former Soviet Union will be engaged for the legislation on injecting drug users, while stakeholders from countries in sub-Saharan Africa will be engaged for the legislation on women's rights. 5. Specific assistance, including capacity building for some sectors, may be necessary to generate support and ensure implementation of the model legislation.