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Assessment of National Legal & Regulatory Framework for HIV and AIDS - Two National Consultants
|Location :||Mbabane, SWAZILAND|
|Application Deadline :||30-Apr-13 (Midnight New York, USA)|
|Type of Contract :||Individual Contract|
|Post Level :||National Consultant|
|Languages Required :||English|
|Starting Date :|
(date when the selected candidate is expected to start)
|Duration of Initial Contract :||30 days|
|Expected Duration of Assignment :||Over period of 3 months|
In 2011, Member States of the UN adopted the UNGASS Political Declaration on HIV/AIDS, committing to reviewing national laws and practices that create barriers to effective HIV responses. The Declaration recognises that a country’s legal environment, its laws and how they are implemented and enforced, is fundamental for the national response to HIV.
The Global Commission’s report focused on five main areas: laws and practices that discriminate against people living with HIV or AIDS; laws and practices that criminalise those living with and most vulnerable to HIV; laws and practices that sustain or mitigate violence and discrimination against women; laws and practices that facilitate or impede access to HIV-related treatment and issues of law relating to children and young people in the context of HIV. It also alludes to the continued experience of stigma and discrimination in their families, homes, places of work, communities, health care services and workplaces even where protective HIV laws are in place.
Most Countries with criminal laws punish people for exposing another person to or transmitting HIV, exacerbating HIV-related stigma and spreading fear amongst populations. Laws that criminalise acts such as sex work, same-sex relations and drug use increase violence and brutality against these key populations, driving them away from health care services. Women and girls live under laws, customs and norms that deny them economic power and sanction inequality and abuse, undermining their ability to protect themselves from HIV infection. Young people are denied access to crucial services that protect from unsafe sex and drug use, and international trade law and intellectual property protections block access to low-cost medicines for many countries. The investigation conducted by the Global Commission on HIV and the Law also found reason for hope where legal and justice systems around the world played constructive roles in responding to HIV. The Commission’s investigation concluded with action-oriented, evidence-informed recommendations for government, civil society and international organisations, in order to strengthen legal and regulatory frameworks for HIV and AIDS.
HIV/AIDS in Swaziland was declared a national disaster in 1999 and the national prevalence rate is at 26.1% between the reproductive age group (SHDS 2007). The country adopted the three in one principle one national coordination body, National Strategic Framework and one monitoring and evaluation system. Several strategic plans have been developed and implemented, the last NSF being the 2009 – 2014. The NSF is premised on the aspirations of the National Development Strategy (NDS) and the Poverty Reduction Strategy and Action Plan (PRSAP). Both National documents allude to the reduction of new infections and intensifying programmes that seek to reverse the spread of HIV. The NSF has also been developed and aligned to the UNGASS Declaration of Commitment on HIV and AIDS (UNGASS 2001), The Abuja Declaration and Plan of Action (2001), the Maseru Declara¬tion on HIV and AIDS, The Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), the UN Convention of the Rights of the Child and the Universal Human Rights Declaration, and aiming to attain the Millennium Development Goals. A National multi-sectoral HIV and AIDS Policy was also developed in 2006. The policy states government‘s commitment to protect and promote human rights; review existing laws and policies to ensure that laws address public health and human rights concerns related to HIV; ensure access to legal aid services for vulnerable groups. The NSF (2009 – 14) has also prioritised interventions aimed at improving legal strategies and human rights protection for all vulnerable groups such as populations at risk including identifying ethical, legal and human rights gaps in the national response. Swaziland defines its key population as commercial sex workers; same sex partners; prisoners; IDUs; migrant and mobile populations such as seasonal workers.
The review of the Swaziland’s national legal and regulatory framework is an important step in strengthening the country’s response to HIV and AIDS. The national assessment aims to conduct an analysis of the country’s laws, regulations and policies, how these are implemented and how people access justice and enforce rights in the country. It will further determine the extent to which the legal and regulatory framework protects rights relating to a specific sector and/or acts as a barrier to access to HIV-related services, including stigma, discrimination, gender-based violence and inequality and human rights abuses affecting people especially key populations in the context of HIV and AIDS. There are various intersections between HIV, law and human rights this assignment will focus on the key focus areas of the Global Commission’s work – that is laws and practices that promote or impede effective responses to HIV in the context of HIV-related stigma and discrimination; issues affecting women, children and young people; criminal laws in the context of HIV and access to treatment.
The objective of the National Legal Environment Assessment is to review laws, regulations and policy guidelines, access to justice systems and human rights knowledge in the context of HIV and AIDS, TB and Malaria with the view of identifying the nature and extent of stigma, discrimination, gender inequality and gender-based violence and human rights abuses affecting key populations. Secondly to assess the impact of the legal framework in protecting rights and promoting universal access to services.
Duties and Responsibilities
Required Skills and Experience
UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.