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Legislative status in PICs
Laitia TamataLegal Trainer and Policy [email protected] or [email protected]
Why Legislation• The Legal Response is one of the most
effective responses to HIV
• Why?
• How?
Commitments by PIC Leaders
Approaches to Legislation
• Public Health Act
• Disability
• Stand alone Anti-Discrimination & Stigma Legislation
• Other
Which Approach is best for your country and Why?
HIV and the Law• Hierarchy of Laws
• Hierarchy of Courts
• How to respond to violations of PLHIV Rights
Hierarchy of Laws• Constitution• Legislation• Common Law Judge made laws &
Interpretations• Customs
Constitutions• All PICTs Constitutions guarantee either “protection
of rights and freedom” or “equality”• But no human rights is absolute and there are
“exceptions” and “limitations”• Exceptions and Limitations are usually for the
purpose of public health, national security or morality
• Protection of PLHIV rights is one of the most effective responses to HIV and can not be an exception or limitation unless there is irresponsibility
PIAF Focal Countries for 2011 - 2012
• Samoa• Vanuatu• Kiribati• Tonga• Fiji• Tuvalu• Solomon Islands
What can you do to facilitate the legal response to HIV
Working in “country groups” draw a plan on:• What needs to be done• What can you do• What can others like PIAF, FSPI, in country NGOs
do• How are you going to do it• What time will these be doneA PLAN OF ACTION TO FACILIATE THE LEGAL
RESPONSE IN YOUR COUNTRY
