Strengthening legal frameworks for HIV, TB and malaria

Strengthening legal frameworks for HIV, TB and malaria

Effective and sustainable responses to HIV, TB and malaria require legal and policy environments that reduce stigma, discrimination, inequality and violence, including for  key populations and that empower communities to access their health rights and participate in the governance of the national response.

Successful and effective Global Fund funding requests, national strategies and plans should include interventions aimed to strengthen legal and policy frameworks. An enabling legal and policy framework for responding to HIV, TB and malaria requires mutually reinforcing interventions that include:

  • Review and reform of laws, regulations and policies to protect human rights and promote gender equality for all populations living with and affected by, and key populations at risk of HIV, TB and malaria
  • National action plans that integrate rights-based, gender-sensitive programmes and capacity strengthening interventions as well as indicators to monitor and evaluate capacity strengthening, human rights and gender equality.
  • Programmes to reduce stigma and discrimination towards people living with and affected by, and key populations at risk of HIV, TB and malaria
  • Legal literacy to educate communities about human rights, gender equality and protections in law and policy for their rights in the context of the three diseases
  • Training for health care workers to prevent stigma, discrimination and human rights violations during the delivery of HIV, TB and malaria services
  • Sensitization and capacity strengthening interventions to strengthen the awareness and understanding of human rights, gender equality and HIV, TB and malaria amongst civil society organizations, law and policy makers and those that enforce the laws (e.g. parliamentarians, national human rights institutions, lawyers, judiciary, law enforcement officers) to promote rights-based and evidence-informed responses and to ensure appropriate law enforcement practices
  • Legal support services to support communities to get legal advice, access legal support, challenge violations and seek redress through litigation and other means, and
  • Efforts to strengthen research and monitoring of ongoing human rights issues and violations and progress towards creating protective, enabling frameworks and advocacy to address law, human rights and gender equality issues through strategies such as law review and reform, strategic litigation and integration of rights-based responses in national responses to HIV, TB and malaria.

Diagram 1: Interventions to strengthen legal and policy environments

Goal: Strengthened legal and policy environment for HIV, TB and malaria
(Strengthened capacity and willingness for law and policy review/reform and for access to justice)
Input: Reduction in human rights violations & stigma and discrimination
Output: Strengthened access to health services

Interventions to strengthen legal and policy environments

Capacity strengthening and human rights indicators institutionalised in national plans and curricula
National advocacy by civil society strengthened through – small grants, national advocacy working groups, national mechanisms to prevent and address human rights violations, national scorecards and capacity strengthening activities
Research, monitoring and evaluation activities carried out to provide knowledge for capacity strengthening and for the development of interim indicators or milestones that show progress towards law/policy reform
Expert law and policy reviews
Access to legal services strengthened through national and regional networks
Government owned national legal and policy environment assessments for HIV/TB/ malaria and national validation of findings and recommendations conducted
NGO social contracting enabled, strengthening a resource base for advocacy, access to justice and service provision
Regional and national capacity strengthening on rights and access to justice conducted for parliamentarians, NHRIs, judiciary, lawyers, law enforcement, policy makers, civil society etc.
National dialogue on HIV/TB/ malaria and the law conducted
Engagement scans that show the process of law and policy review and how civil society can best engage in these processes conducted
Government owned national action plans to strengthen legal and policy environments for SRH, HIV, TB finalised
Strategic litigation and capacity strengthening in strategic litigation conducted

 

Diagram 2: Components of a programme to remove legal barriers

LEAs, country or national dialogues and other consultations can help to identify and analyse how laws, regulations, policies and practices impact on people living with and affected by HIV, TB and malaria, including for key populations. They provide good guidance on potential ways in which a strengthened legal and policy environment requires law review and reform as well as efforts to strengthen access to justice and improve law enforcement. Engagement scans provide further information on the opportunities for engaging in law and policy review and reform advocacy and strategic litigation. Programmatic responses should build on this information to ensure a holistic response that works at these various levels.

Critical enablers