Discriminatory and punitive laws, policies and practices adversely affects the ability of people living with HIV and key populations to enjoy their rights, access justice and to seek redress when their rights have been violated. The judiciary needs to keep abreast of new and complex scientific, legal and medical issues in the context of HIV because laws, policies and practices do not always keep pace with developments in HIV science. 

This issue brief shares lessons and reflections on the role of the judiciary in advancing rights-based HIV responses, to inform the implementation of key commitments in the 2021 Political Declaration on HIV and AIDS and the Global AIDS Strategy. These include an understanding of the critical nature of judicial decisions in shaping the HIV-related legal environment; the important legal implications of evolving HIV science; sensitizing judges to people’s lived experiences is key; and safe spaces for respectful discussion and learning among justice sector peers.

UNDP has worked with governments, civil society organizations and other partners to advance the recommendations of the Global Commission on HIV and the Law in 90 countries. This is part of a set of four issue briefs highlighting lessons learned coming out of the external evaluation of the Global Commission on HIV and the Law.

For access to the rest of the briefs, please click on the following links: Issue Brief #1: Enabling Legal Environments, Including Decriminalization for HIV responses | Issue Brief #3: Regional spaces for HIV responses | Issue Brief #4: Safe and open civic spaces for HIV responses