E/CN.4/2004/56
page 15
contraceptives and means of maintaining sexual and reproductive health from censoring,
withholding or intentionally misrepresenting health-related information, including sexual
education and information.
57.
The Special Rapporteur would like to recall the Standard Minimum Rules for the
Treatment of Prisoners which, inter alia, state that “sick prisoners who require specialist
treatment shall be transferred to specialized institutions or to civil hospitals. Where hospital
facilities are provided in an institution, their equipment, furnishings and pharmaceutical supplies
shall be proper for the medical care and treatment of sick prisoners, and there shall be a staff of
suitable trained officers” (para. 22 (2)).
58.
It must also be noted that prisoners should also be entitled to benefit from their right to
enjoy the benefits of scientific progress in the context of HIV/AIDS.12
59.
Furthermore, as stated in the recommendations for the implementation of (revised)
guideline 6 of the International Guidelines on HIV/AIDS and Human Rights, “States should
ensure that domestic legislation provides for prompt and effective remedies in cases in which a
person living with HIV/AIDS is denied or not provided access to treatment, care and support.”13
60.
The general principle of non-discrimination as set out in numerous human rights
instruments is closely related to the prohibition of torture or cruel, inhuman and degrading
treatment in the context of HIV/AIDS. First of all, it must be recalled that in resolution 1999/49
the Commission on Human Rights reiterated that the term “or other status” in non-discrimination
provisions in international human rights texts should be interpreted to cover health status,
including HIV/AIDS.
61.
It must also be noted, as the former Special Rapporteur, Sir Nigel Rodley, observed in his
report to the General Assembly (A/55/290, paras. 34-37), that marginalized populations,
including people living in poverty, are particularly vulnerable to torture. In the context of
HIV/AIDS, it is often the most marginalized who are vulnerable to HIV and its consequences, as
they are less likely to have access to information, prevention, testing, treatment and support.
62.
Furthermore, discrimination against certain groups heightens their vulnerability to
torture. In this context, the Special Rapporteur would like to stress that, in view of the
discrimination and stigma suffered by people living with HIV/AIDS in some societies, these
individuals become possible targets for torture. Discrimination against people living with
HIV/AIDS can also affect their capacity to access the justice system. Because of the
discriminatory attitudes towards them, when they are victims of torture, people living with
HIV/AIDS are sometimes deprived of the means of claiming and ensuring the enforcement of
their rights, including the right to legal representation, and of asking for redress and reparation.
In this case, the discrimination they suffer from could reinforce impunity enjoyed by perpetrators
of acts of torture and ill-treatment. In this context, the Special Rapporteur would like to
highlight guideline 5 of the International Guidelines which calls upon States to “enact or
strengthen anti-discrimination and other protective laws that protect … people living with
HIV/AIDS … from discrimination … and provide for speedy and effective administrative and
civil remedies”. The Special Rapporteur would also like to recall paragraph 3 of the Programme
of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance which urges States to “strengthen national mechanisms to promote and
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