Identifying human rights barriers

Identifying human rights barriers and how they affect HIV, TB and malaria, including for key populations

Identifying laws, human rights, gender equality and key populations at risk within each country

A critical first step to developing national plans, investment cases, Global Fund funding requests or other related national policies and strategies for an effective national response to HIV, TB and malaria requires a country-led, evidence-based consultative dialogue and process to identify and understand:

  • Who are the key populations at risk of HIV, of TB and of malaria
  • What human rights barriers act to block access to prevention, treatment, care and support, and
  • How best to respond to remove human rights and gender-related barriers and foster an enabling legal and policy framework that protects human rights, promotes gender equality and reduces stigma, discrimination and violence.

Uploading patient files into a Management Information System to improve services to Key Populations

This information and evidence on human rights, gender equality and key populations must be described in a national strategic plan, investment case, Global Fund funding request and/or other relevant strategy. Following from that, it must then be applied to the design, implementation, monitoring and evaluation of programmes. Programmes to reduce stigma, discrimination, inequality and human rights violations result in strengthened access to HIV, TB and malaria services. As an example, UNDP is currently working on a regional level with ten countries in Africa to strengthen the legal and policy environment and remove legal barriers to HIV treatment. For more information on the achievements of this programme to date see the Africa Regional Grant Result page.

Guidance: Global Fund Available Resources and Technical Assistance

The Global Fund recognises the importance of identifying key and vulnerable populations and the human rights and gender equality barriers they face, when developing a funding request.

Country stakeholders are encouraged to engage with their Fund Portfolio Managers to discuss the availability of technical cooperation from partners, and additional financial support to identify, reach and gather data on key populations from the Global Fund’s special initiatives. There is also support to ensure the engagement of key populations  in country dialogues, in order to ensure that the design and development of interventions addresses critical enablers affecting key populations. The Global Fund’s website and the Applicant Handbook describe various forms of assistance available.
Lessons Learned: Country / national dialogues and legal environment assessments

Holding a country / national dialogue or conducting a country-level legal environment assessment (LEA) is a recommended step towards identifying human rights and gender equality issues, including for key populations, and the barriers they create for access to HIV, TB and malaria health services, and programming accordingly.

The process of conducting a country / national dialogue and / or an LEA is critical to a successful outcome – it promotes country-led, multistakeholder, rights-based responses to HIV, TB and malaria.

A consultative process that is country-led, ongoing and involves all key stakeholders helps to:

  • Ensure an evidence informed approach to HIV, TB and malaria that takes into account human rights and gender equality issues facing all key stakeholders
  • Promote accountability and commitment to rights-based responses to HIV, TB and malaria
  • Ensure the participation and voices of key populations in programming for law and policy review and reform, access to justice and strengthened law enforcement
  • Build the capacity of all key stakeholders to participate in interventions to strengthen legal and policy frameworks
  • Build consensus and promote national advocacy around common priorities, and
  • Lead to the development of national multi-sectoral action plans with integrated, institutionalised responses that work at various levels.
Critical Enablers