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IN THE CARIBBEAN

HUMAN RIGHTS. “From Risk to Vulnerability Caribbean and Global Perspectives”. and HIV. IN THE CARIBBEAN. Wednesday, August 6, 2008 Session Room 4 . Background. Caribbean – a study in diversity Population of approx: 34 million Consisting of continental nations

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IN THE CARIBBEAN

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  1. HUMAN RIGHTS “From Risk to Vulnerability Caribbean and Global Perspectives” and HIV IN THE CARIBBEAN Wednesday, August 6, 2008 Session Room 4

  2. Background • Caribbean – a study in diversity • Population of approx: 34 million • Consisting of continental nations • Large and small island states • 34 independent countries • continued “colonisation” by the USA, UK, France, Netherlands • Spanish, English, French, Dutch and Creole-speaking

  3. Background • Diverse legal backgrounds • French Civil law • Roman Dutch Law • English Common Law • Dutch law • Spanish • Mixed systems – St. Lucia & Guyana

  4. Sources of Human Rights • Written Bills of Rights contained in Constitutions • Constitutions are “supreme law” of the State • Legislation – in accordance with the Constitution (Education Act establishes right to Education but not stated in Constitution) International Treaties and Conventions • Protocols and opinions by Int’l HR Bodies

  5. Rights Recognised in Caribbean • nondiscrimination and equality before the law • freedom from inhuman degrading treatment and punishment • autonomy, liberty and security of the person • freedom of expression, assembly and association • protection from deprivation of property • protection from arbitrary search and entry

  6. Rights Recognised in Caribbean • protection of the Law • freedom of conscience • freedom of movement • protection from discrimination on the grounds of [sex, race, place of origin, political opinions, colour or creed]

  7. Limitations • Constitutions largely recognise civil and political rights – not social and economic rights • Limited applicability of Int’l HR Instruments

  8. UN Treaty Bodies - Reporting History

  9. UN Treaty Bodies - Reporting History

  10. HUMAN RIGHTS ABUSES IN THE CARIBBEAN • Extra- judicial killings • Torture and ill-treatment • Sexual assault and rape, domestic violence • Invasions of privacy • Arbitrary detention • Denial of employment and education opportunities • Violence • Detention of juveniles with convicted prisoners

  11. Human Rights and HIV • Exclusion – social, migration • Denial of Services - education, heath care, housing, insurance, work permits • Homophobic Violence • Breaches of Privacy • Sexual abuse • Denial of reproductive rights • Dismissal from work • Criminal sanctions • transmission of HIV

  12. Human Rights and HIV • HIV has “exposed” pre-occurring HR abuses • Has led to more abuses • Forced society to face them and question why!!!!!!!!!!

  13. “the AIDS epidemic has shone a remorseless light on every moral issue in every society it has touched. It has exposed hypocrisy and double-dealing and unjust privilege; it has accentuated inequality and injustice; and it has revealed misrule.”

  14. Can we legislate morality? and if so whose?

  15. Definition of Morality • Descriptive usage: a code of conduct held to be authoritative in matters of right and wrong, whether by society, philosophy, religion, or individual conscience. • Normative and universal sense: an ideal code of conduct, one which would be espoused in preference to alternatives by all rational people, under specified conditions. • ‘Morality‘ as synonymous with ethics, the systematic philosophical study of the moral domain

  16. Caribbean Morality • Largely based on religious principles • God is our moral centre and all “rules” set out in the bible are to be strictly observed • Culture • Taboos • Secrecy • Non acceptance or understanding of human rights principles

  17. Legislating Morality • Has society the right to pass judgment at all on matters of morals? • If society has the right to pass judgement has it also the right to use the weapon of the law to enforce it?

  18. Hypocrisy!!!!!! • Vulnerable populations are labeled as societal outcasts: • the MSM is “nasty” and “perverted” • the PLHWA is a “threat” and “dangerous” • the SW is a “scourge” • they all called this on themselves because of their low or lack of moral fiber • The adulterer or fornicator is accepted

  19. Hypocrisy!!!!!! • There is no compassion • Tolerance • Love of neighbour • Forgiveness • Sharing All “christian” principles echoed from every pulpit on days of worship • more appropriate response is to deny, reject, ostracize, belittle, taunt, threaten, assault, or kill the “rejects”.

  20. HIV and Human Rights “Human rights promotion and protection is central to the response to HIV/AIDS. Denying the rights of people living with HIV, and those affected by the epidemic, imperils not only their well-being, but life itself.” HIV/AIDS and Human Rights: International Guidelines, 2003

  21. Caribbean Vulnerable Communities • Regional coalition of civil society actors working with marginalised and vulnerable populations • Prisoners • Orphans and Vulnerable Children • Youth (boys and girls) in Especially Difficult Circumstances • Substance Users • Undocumented persons (refugees, deportees, etc) • Sexual minorities (LGBT) • Sex Workers • Regional support for national programming to scale up response • Coordinated regional advocacy • Promote rights based approach to HIV programming

  22. CVC Vision • To transform, based on human rights, social justice, respect for human diversity, social inclusion, and the reduction of vulnerability, the national and regional consciousness of the social and economic factors driving the HIV and AIDS epidemics

  23. What have We Done? • GrenChap in Grenada produced a Shadow Report for the Grenada Periodic Review • Jamaica AIDS Support for Life in Jamaica fostered a partnership with HR organisations to combat homophobia among the police • Maxi Linder in Suriname has and continues to promote the rights of Sex workers • AIDS Action Foundation in St. Lucia is engaged in advocacy in promoting a rights based approach

  24. LGBT SU 2 major consultations Bahibe Declaration Fostered the establishment of Cari Flag - Includes all sexual minorities Pioneered pilot projects with LGBT groups at the national level Policy and advocacy on substance use and criminalization of SU Establishment of CHRC Mobilization of resources to establish drop-in centres SEX WORKERS Prisoners 3 major consultations Establishment of Sex Worker Coalition Working towards establishing linkages with regional and Int’t Networks Financed the participation of 4 SW to IAC Working with penal authorities to establish STI control policies to ensure access to sexual and reproductive health and ARVs

  25. CONCLUSION CVC is committed to achieving an environment in which moral majorities are held to a standard which recognizes the dignity of every human being.

  26. Gracias Merci Mèsi anpil Dank je wel Danki Ngiyabonga Thanks

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