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Strengthening Legislation for Effective HIV Response in Pacific Island Countries

Learn about the importance of legal responses to HIV, approaches to legislation, hierarchy of laws, and protecting PLHIV rights in PICs. Discover the best legal approach for your country and key actions to facilitate a strong legal response.

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Strengthening Legislation for Effective HIV Response in Pacific Island Countries

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Presentation Transcript

  1. Legislative status in PICs Laitia Tamata Legal Trainer and Policy Analyst ltamata@gmail.com or rights@pacificaids.org

  2. Why Legislation • The Legal Response is one of the most effective responses to HIV • Why? • How?

  3. Commitments by PIC Leaders

  4. Approaches to Legislation • Public Health Act • Disability • Stand alone Anti-Discrimination & Stigma Legislation • Other

  5. Which Approach is best for your country and Why?

  6. HIV and the Law • Hierarchy of Laws • Hierarchy of Courts • How to respond to violations of PLHIV Rights

  7. Hierarchy of Laws • Constitution • Legislation • Common Law Judge made laws & Interpretations • Customs

  8. 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

  9. PIAF Focal Countries for 2011 - 2012 • Samoa • Vanuatu • Kiribati • Tonga • Fiji • Tuvalu • Solomon Islands

  10. 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 done A PLAN OF ACTION TO FACILIATE THE LEGAL RESPONSE IN YOUR COUNTRY

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