E/CN.4/2004/56
page 16
protect the human rights of victims of racism, racial discrimination, xenophobia and related
intolerance who are infected, or presumably infected, with pandemic diseases such as HIV/AIDS
and to take concrete measures, including preventive action, appropriate access to medication and
treatment, programmes of education, training and mass media dissemination, to eliminate
violence, stigmatization, discrimination … and other negative consequences arising from these
pandemics”.
63.
The Special Rapporteur highlights the fact that there is multiple discrimination where
individuals face other types of discrimination that could be linked to gender, religion or race in
addition to discrimination based on their HIV status. Violence against women, in particular in
conflict situations, increases their vulnerability to HIV infection and States have an obligation to
protect women from sexual violence. Furthermore, the Special Rapporteur reiterates the
recommendation made by his predecessor that female security personnel be present during the
interrogation of women detainees, as the interrogation and detention of female detainees by
exclusively male personnel constitute conditions that may be conducive to rape and sexual abuse
of women prisoners (E/CN.4/1995/34, para. 24).
64.
The Special Rapporteur further highlights the issue of discrimination on the basis of
sexual orientation in the context of torture related to HIV/AIDS. Attitudes and beliefs stemming
from myths and fears associated with HIV/AIDS and sexuality contribute to stigma and
discrimination against sexual minorities. In addition, the fact that members of these minorities
are perceived as transgressing gender barriers or challenging predominant conceptions of gender
roles seems to contribute to their vulnerability to torture as a way to “punish” their unaccepted
behaviour. In this respect, the Special Rapporteur would like to recall the report of the former
Special Rapporteur to the General Assembly (A/56/156, paras. 17-25), in which he referred to
information he had received according to which members of sexual minorities, when arrested or
when lodging a complaint, are subjected to further victimization by the police, including verbal
and physical assault. It was also reported that members of sexual minorities receive inadequate
medical treatment in public hospitals on grounds of their gender identity, which, in case of
people living with HIV/AIDS, could lead to very serious consequences. In this regard, the
International Guidelines state that “responses by States to the epidemic should include the
implementation of laws and policies to eliminate systemic discrimination, including where it
occurs against these [vulnerable] groups”.14
65.
The Special Rapporteur undertakes to continue to integrate HIV/AIDS-related
human rights protections in future activities, including country visits, communications with
Governments and NGOs, where relevant, as requested by the Commission in its
resolution 2003/47.
V. THE SITUATION OF TRADE IN AND PRODUCTION OF EQUIPMENT
SPECIFICALLY DESIGNED TO INFLICT TORTURE OR OTHER
CRUEL, INHUMAN OR DEGRADING TREATMENT, ITS ORIGIN,
DESTINATION AND FORMS
66.
In accordance with Commission on Human Rights resolution 2002/38, the Special
Rapporteur presented at the fifty-ninth session of the Commission a preliminary study on the
situation of trade in and production of equipment which is specifically designed to inflict
torture or other cruel, inhuman or degrading treatment, its origin, destination and forms
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