SIW International documents regulating the rights of persons with HIV and the professional responsibility of medical workers in the treatment of AIDS Medical University Semey Prepared by Adilbekova Adilya, 536 GM Checked by Aliyev O.S Semey, 2019

Human Rights & Health PERSONS LIVING WITH HIV/AIDS The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition. Preamble to the Constitution of the World Health Organizationn

Protection through International and Regional Human Rights Instruments Both the United Nations and the Inter-American systems have a significant body of legal instruments for the protection of human rights that can be used to protect the rights and liberties of persons living with HIV/AIDS. Because human rights instruments established by international law protect all persons without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, they are considered to also protect the rights and freedoms of all persons living with HIV/AIDS.

Some of these tools have emerged from conventions or treaties, and they are legally binding for States that have ratified them. Othersinternational human rights declarations or standards although not legally binding, are considered to be authoritative interpretations of international convention requirements. It is important to note that these standards are enshrined in international law and represent a consensus of international opinion. In most cases, they are issued by the U.N. General Assembly, Human Rights Council, or High Commissioners Office, and by the OAS Inter-American Commission on Human Rights, or they may originate through the work of other specialized U.N. and inter-American system agencies. They may be used to guide the formulation or review of policies, plans, or programs; the enactment of pertinent legislation; and/or the restructuring of health services in order to provide a more effective response to those living with HIV/AIDS.

Declaration of Commitment on HIV/AIDS (2001). All UN member countries pledged to scale up response to HIV/AIDS within a human rights framework. The Declaration sets concrete targets with dates for the introduction of national legislation and related measures to ensure the respect of human rights in the areas of education, inheritance, employment, health care and other social services, prevention, support, treatment, information, and legal protection. Even though the Declaration is not legally binding, an annual review by the U.N. General Assembly of governments progress in meeting commitments and the monitoring instruments developed to measure compliance provide powerful incentives to encourage sustainable actions.

Declaration on the TRIPS Agreement and Public Health (2001). Following the global outcry against the high cost of antiretroviral drugs, the 2001 Ministerial Conference of the World Trade Organization (WTO) agreed that the TRIPS (Trade-related Aspects of Intellectual Property Rights) Agreement should be interpreted to support public health and to promote universal access to life-sustaining medicines, thus allowing for patents to be overridden if required to respond to public health emergencies such as the AIDS epidemic. This international statement followed the decision of the Brazilian Government to permit the local generic manufacture of foreign patented medicines for AIDS treatment unless prices for imported drugs were drastically reduced or the international companies began producing them in Brazil. In 2003, the TRIPS Council granted a waiver providing flexibility to countries unable to produce pharmaceuticals domestically to import patented drugs under compulsory licensing. The Declaration extends exemptions on pharmaceutical patent protection for least-developed countries until 2016.

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