1 99:59:59,999 --> 99:59:59,999 Let's begin with a story. 2 99:59:59,999 --> 99:59:59,999 Once upon a time -- 3 99:59:59,999 --> 99:59:59,999 well actually less than two years ago -- 4 99:59:59,999 --> 99:59:59,999 in a kingdom not so very far away, 5 99:59:59,999 --> 99:59:59,999 there was a man 6 99:59:59,999 --> 99:59:59,999 who traveled many miles 7 99:59:59,999 --> 99:59:59,999 to come to work at the jewel in the kingdom's crown -- 8 99:59:59,999 --> 99:59:59,999 an internationally famous company. 9 99:59:59,999 --> 99:59:59,999 Let's call it Island Networks. 10 99:59:59,999 --> 99:59:59,999 Now this kingdom had many resources 11 99:59:59,999 --> 99:59:59,999 and mighty ambitions, 12 99:59:59,999 --> 99:59:59,999 but the one thing it lacked was people. 13 99:59:59,999 --> 99:59:59,999 And so it invited workers from around the world 14 99:59:59,999 --> 99:59:59,999 to come and help it build the nation. 15 99:59:59,999 --> 99:59:59,999 But in order to enter and to stay 16 99:59:59,999 --> 99:59:59,999 these migrants had to pass a few tests. 17 99:59:59,999 --> 99:59:59,999 And so it was our man presented himself 18 99:59:59,999 --> 99:59:59,999 to authorities in the kingdom, 19 99:59:59,999 --> 99:59:59,999 looking forward to settling into his new life. 20 99:59:59,999 --> 99:59:59,999 But then something unexpected happened. 21 99:59:59,999 --> 99:59:59,999 The medical personnel who took blood samples from the man 22 99:59:59,999 --> 99:59:59,999 never actually told him what they were testing for. 23 99:59:59,999 --> 99:59:59,999 He wasn't offered counseling before or after the test, 24 99:59:59,999 --> 99:59:59,999 which is best medical practice. 25 99:59:59,999 --> 99:59:59,999 He was never informed of the results of the test. 26 99:59:59,999 --> 99:59:59,999 And yet, a couple of weeks later, 27 99:59:59,999 --> 99:59:59,999 he was picked up and taken to prison 28 99:59:59,999 --> 99:59:59,999 where he was subjected to a medical exam 29 99:59:59,999 --> 99:59:59,999 including a full-body search 30 99:59:59,999 --> 99:59:59,999 in full view of the others in the cell. 31 99:59:59,999 --> 99:59:59,999 He was released, but then a day or two later, 32 99:59:59,999 --> 99:59:59,999 he was taken to the airport and he was deported. 33 99:59:59,999 --> 99:59:59,999 What on earth did this man do 34 99:59:59,999 --> 99:59:59,999 to merit this treatment? 35 99:59:59,999 --> 99:59:59,999 What was his terrible crime? 36 99:59:59,999 --> 99:59:59,999 He was infected with HIV. 37 99:59:59,999 --> 99:59:59,999 Now the kingdom is one of about 50 countries 38 99:59:59,999 --> 99:59:59,999 that impose restrictions on the entry or stay 39 99:59:59,999 --> 99:59:59,999 of people living with HIV. 40 99:59:59,999 --> 99:59:59,999 The kingdom argues 41 99:59:59,999 --> 99:59:59,999 that its laws allow it to detain or deport foreigners 42 99:59:59,999 --> 99:59:59,999 who pose a risk to the economy 43 99:59:59,999 --> 99:59:59,999 or the security or the public health 44 99:59:59,999 --> 99:59:59,999 or the morals of the state. 45 99:59:59,999 --> 99:59:59,999 But these laws, when applied to people living with HIV, 46 99:59:59,999 --> 99:59:59,999 are a violation of international Human Rights agreements 47 99:59:59,999 --> 99:59:59,999 to which these countries are signatories. 48 99:59:59,999 --> 99:59:59,999 But you know what? 49 99:59:59,999 --> 99:59:59,999 Matters of principle aside, 50 99:59:59,999 --> 99:59:59,999 practically speaking, these laws drive HIV underground. 51 99:59:59,999 --> 99:59:59,999 People are less likely to come forth 52 99:59:59,999 --> 99:59:59,999 to be tested or treated or to disclose their condition, 53 99:59:59,999 --> 99:59:59,999 none of which helps these individuals 54 99:59:59,999 --> 99:59:59,999 or the communities these laws purport to protect. 55 99:59:59,999 --> 99:59:59,999 Today we can prevent the transmission of HIV. 56 99:59:59,999 --> 99:59:59,999 And with treatment, it is a manageable condition. 57 99:59:59,999 --> 99:59:59,999 We are very far from the days 58 99:59:59,999 --> 99:59:59,999 when the only practical response to dread disease 59 99:59:59,999 --> 99:59:59,999 was to have banished the afflicted -- 60 99:59:59,999 --> 99:59:59,999 like this, "The Exile of the Leper." 61 99:59:59,999 --> 99:59:59,999 So you tell me why, in our age of science, 62 99:59:59,999 --> 99:59:59,999 we still have laws and policies 63 99:59:59,999 --> 99:59:59,999 which come from an age of superstition. 64 99:59:59,999 --> 99:59:59,999 Time for a quick show of hands. 65 99:59:59,999 --> 99:59:59,999 Who here has been touched by HIV -- 66 99:59:59,999 --> 99:59:59,999 either because you yourself have the virus 67 99:59:59,999 --> 99:59:59,999 or you have a family member or a friend or a colleague 68 99:59:59,999 --> 99:59:59,999 who is living with HIV? 69 99:59:59,999 --> 99:59:59,999 Hands up. 70 99:59:59,999 --> 99:59:59,999 Wow. Wow. 71 99:59:59,999 --> 99:59:59,999 That's a significant number of us. 72 99:59:59,999 --> 99:59:59,999 You know better than anyone 73 99:59:59,999 --> 99:59:59,999 that HIV brings out 74 99:59:59,999 --> 99:59:59,999 the best and the worst in humanity. 75 99:59:59,999 --> 99:59:59,999 And the laws reflect these attitudes. 76 99:59:59,999 --> 99:59:59,999 I'm not just talking about laws on the books, 77 99:59:59,999 --> 99:59:59,999 but laws as they are enforced on the streets 78 99:59:59,999 --> 99:59:59,999 and laws as they are decided in the courts. 79 99:59:59,999 --> 99:59:59,999 And I'm not just talking about laws 80 99:59:59,999 --> 99:59:59,999 as they relate to people living with HIV, 81 99:59:59,999 --> 99:59:59,999 but people who are at greatest risk of infection -- 82 99:59:59,999 --> 99:59:59,999 people such as those who inject drugs or sex workers 83 99:59:59,999 --> 99:59:59,999 or men who have sex with men 84 99:59:59,999 --> 99:59:59,999 or transgendered persons 85 99:59:59,999 --> 99:59:59,999 or migrants or prisoners. 86 99:59:59,999 --> 99:59:59,999 And in many parts of the world that includes women and children 87 99:59:59,999 --> 99:59:59,999 who are especially vulnerable. 88 99:59:59,999 --> 99:59:59,999 Now there are laws in many parts of the world 89 99:59:59,999 --> 99:59:59,999 which reflect the best of human nature. 90 99:59:59,999 --> 99:59:59,999 These laws treat people touched by HIV 91 99:59:59,999 --> 99:59:59,999 with compassion and acceptance. 92 99:59:59,999 --> 99:59:59,999 These laws respect universal Human Rights 93 99:59:59,999 --> 99:59:59,999 and they are grounded in evidence. 94 99:59:59,999 --> 99:59:59,999 These laws ensure that people living with HIV 95 99:59:59,999 --> 99:59:59,999 and those at greatest risk 96 99:59:59,999 --> 99:59:59,999 are protected from violence and discrimination 97 99:59:59,999 --> 99:59:59,999 and that they get access to prevent and to treatment. 98 99:59:59,999 --> 99:59:59,999 Unfortunately, these good laws 99 99:59:59,999 --> 99:59:59,999 are counter-balanced by a mass 100 99:59:59,999 --> 99:59:59,999 of really bad law -- 101 99:59:59,999 --> 99:59:59,999 law which is grounded in moral judgement 102 99:59:59,999 --> 99:59:59,999 and in fear and in misinformation, 103 99:59:59,999 --> 99:59:59,999 laws which specifically punish people living with HIV 104 99:59:59,999 --> 99:59:59,999 or those at greatest risk. 105 99:59:59,999 --> 99:59:59,999 These laws fly in the face of science, 106 99:59:59,999 --> 99:59:59,999 and they are grounded in prejudice 107 99:59:59,999 --> 99:59:59,999 and in ignorance and in a rewriting of tradition 108 99:59:59,999 --> 99:59:59,999 and a selective reading of religion. 109 99:59:59,999 --> 99:59:59,999 But you know what? You don't have to take my word for it. 110 99:59:59,999 --> 99:59:59,999 We're going to hear from two people 111 99:59:59,999 --> 99:59:59,999 who are on the sharp end of the law. 112 99:59:59,999 --> 99:59:59,999 The first is Nick Rhoades. He's an American. 113 99:59:59,999 --> 99:59:59,999 And he was convicted under the U.S. State of Iowa's law 114 99:59:59,999 --> 99:59:59,999 on HIV transmission and exposure -- 115 99:59:59,999 --> 99:59:59,999 neither of which offense he actually committed. 116 99:59:59,999 --> 99:59:59,999 (Video) Nick Rhoades: If something is against the law 117 99:59:59,999 --> 99:59:59,999 then that is telling society 118 99:59:59,999 --> 99:59:59,999 that is unacceptable, that's bad behavior. 119 99:59:59,999 --> 99:59:59,999 And I think the severity of that punishment 120 99:59:59,999 --> 99:59:59,999 tells you how bad you are as a person. 121 99:59:59,999 --> 99:59:59,999 You're a class B felon, 122 99:59:59,999 --> 99:59:59,999 lifetime sex offender. 123 99:59:59,999 --> 99:59:59,999 You are a very, very, very bad person. 124 99:59:59,999 --> 99:59:59,999 And you did a very, very bad thing. 125 99:59:59,999 --> 99:59:59,999 And so that's just programmed into you. 126 99:59:59,999 --> 99:59:59,999 And you go through the correctional system 127 99:59:59,999 --> 99:59:59,999 and everyone's telling you the same thing. 128 99:59:59,999 --> 99:59:59,999 And you're just like, I'm a very bad person. 129 99:59:59,999 --> 99:59:59,999 Shereen El-Feki: It's not just a question 130 99:59:59,999 --> 99:59:59,999 of unfair or ineffective laws. 131 99:59:59,999 --> 99:59:59,999 Some countries have good laws, 132 99:59:59,999 --> 99:59:59,999 laws which could stem the tide of HIV. 133 99:59:59,999 --> 99:59:59,999 The problem is that these laws are flouted. 134 99:59:59,999 --> 99:59:59,999 Because stigma gives unofficial license 135 99:59:59,999 --> 99:59:59,999 to treat people living with HIV 136 99:59:59,999 --> 99:59:59,999 or those at greatest risk 137 99:59:59,999 --> 99:59:59,999 unlike other citizens. 138 99:59:59,999 --> 99:59:59,999 And this is exactly what happened 139 99:59:59,999 --> 99:59:59,999 to Helma and Dongo from Namibia. 140 99:59:59,999 --> 99:59:59,999 (Video) Helma: I found out 141 99:59:59,999 --> 99:59:59,999 when I went to the hospital for a pregnancy check-up. 142 99:59:59,999 --> 99:59:59,999 The nurse announced that every pregnant woman 143 99:59:59,999 --> 99:59:59,999 must also be tested for HIV that day. 144 99:59:59,999 --> 99:59:59,999 I took the test and the result showed I was positive. 145 99:59:59,999 --> 99:59:59,999 That's the day I found out. 146 99:59:59,999 --> 99:59:59,999 The nurse said to me, "Why should you people bcome pregnant 147 99:59:59,999 --> 99:59:59,999 when you know you are HIV positive? 148 99:59:59,999 --> 99:59:59,999 Why are you pregnant when you are living positive?" 149 99:59:59,999 --> 99:59:59,999 I am sure now that is the reason they sterilized me. 150 99:59:59,999 --> 99:59:59,999 Because I am HIV positive. 151 99:59:59,999 --> 99:59:59,999 They didn't give the forms to me 152 99:59:59,999 --> 99:59:59,999 or explain what was in the form. 153 99:59:59,999 --> 99:59:59,999 The nurse just came with it 154 99:59:59,999 --> 99:59:59,999 already marked where I had to sign. 155 99:59:59,999 --> 99:59:59,999 And with the labor pain, 156 99:59:59,999 --> 99:59:59,999 I didn't have the strength to ask them to read it to me. 157 99:59:59,999 --> 99:59:59,999 I just signed. 158 99:59:59,999 --> 99:59:59,999 SE: Helma and Nick and our man in the kingdom 159 99:59:59,999 --> 99:59:59,999 are among the 34 million people living with HIV 160 99:59:59,999 --> 99:59:59,999 according to recent estimates. 161 99:59:59,999 --> 99:59:59,999 They're the lucky ones 162 99:59:59,999 --> 99:59:59,999 because they're still alive. 163 99:59:59,999 --> 99:59:59,999 According to those same estimates, 164 99:59:59,999 --> 99:59:59,999 in 2010 1.8 million people died 165 99:59:59,999 --> 99:59:59,999 of AIDS related causes. 166 99:59:59,999 --> 99:59:59,999 These are terrible and tragic figures. 167 99:59:59,999 --> 99:59:59,999 But if we look a little more broadly at the statistics, 168 99:59:59,999 --> 99:59:59,999 we actually see some reason for hope. 169 99:59:59,999 --> 99:59:59,999 Looking globally, the number of new infections of HIV is declining. 170 99:59:59,999 --> 99:59:59,999 And looking globally as well, 171 99:59:59,999 --> 99:59:59,999 deaths are also starting to fall. 172 99:59:59,999 --> 99:59:59,999 There are many reasons for these positive developments, 173 99:59:59,999 --> 99:59:59,999 but one of the most remarkable 174 99:59:59,999 --> 99:59:59,999 is in the increase in the number of people around the world 175 99:59:59,999 --> 99:59:59,999 on anti-retroviral therapy, 176 99:59:59,999 --> 99:59:59,999 the medicines they need to keep their HIV in check. 177 99:59:59,999 --> 99:59:59,999 Now there are still many problems. 178 99:59:59,999 --> 99:59:59,999 Only about half of the people who need treatment 179 99:59:59,999 --> 99:59:59,999 are currently receiving it. 180 99:59:59,999 --> 99:59:59,999 In some parts of the world -- 181 99:59:59,999 --> 99:59:59,999 like here in the Middle East and North Africa -- 182 99:59:59,999 --> 99:59:59,999 new infections are rising and so are deaths. 183 99:59:59,999 --> 99:59:59,999 And the money, the money we need 184 99:59:59,999 --> 99:59:59,999 for the global response to HIV, 185 99:59:59,999 --> 99:59:59,999 that is shrinking. 186 99:59:59,999 --> 99:59:59,999 But for the first time 187 99:59:59,999 --> 99:59:59,999 in three decades into this epidemic 188 99:59:59,999 --> 99:59:59,999 we have a real chance to come to grips with HIV. 189 99:59:59,999 --> 99:59:59,999 But in order to do that 190 99:59:59,999 --> 99:59:59,999 we need to tackle an epidemic of really bad law 191 99:59:59,999 --> 99:59:59,999 It's for this reason 192 99:59:59,999 --> 99:59:59,999 that the Global Commission on HIV and the Law, 193 99:59:59,999 --> 99:59:59,999 of which I'm a member, 194 99:59:59,999 --> 99:59:59,999 was established by the agencies of the United Nations -- 195 99:59:59,999 --> 99:59:59,999 to look at the ways that legal environments 196 99:59:59,999 --> 99:59:59,999 are affecting people living with HIV 197 99:59:59,999 --> 99:59:59,999 and those at greatest risk, 198 99:59:59,999 --> 99:59:59,999 and to recommend what should be done 199 99:59:59,999 --> 99:59:59,999 to make the law an ally, not an enemy, 200 99:59:59,999 --> 99:59:59,999 of the global response to HIV. 201 99:59:59,999 --> 99:59:59,999 Let me give you just one example 202 99:59:59,999 --> 99:59:59,999 of the way a legal environment 203 99:59:59,999 --> 99:59:59,999 can make a positive difference. 204 99:59:59,999 --> 99:59:59,999 People who inject drugs 205 99:59:59,999 --> 99:59:59,999 are one of those groups I mentioned. 206 99:59:59,999 --> 99:59:59,999 They're at high risk of HIV 207 99:59:59,999 --> 99:59:59,999 through contaminated injection equipment 208 99:59:59,999 --> 99:59:59,999 and other risk-related behaviors. 209 99:59:59,999 --> 99:59:59,999 In fact, one in every 10 new infections of HIV 210 99:59:59,999 --> 99:59:59,999 is among people who inject drugs. 211 99:59:59,999 --> 99:59:59,999 Now drug use or possession 212 99:59:59,999 --> 99:59:59,999 is illegal in almost every country. 213 99:59:59,999 --> 99:59:59,999 But some countries take a harder line on this than others. 214 99:59:59,999 --> 99:59:59,999 In Thailand people who use drugs, 215 99:59:59,999 --> 99:59:59,999 or are merely suspected of using drugs, 216 99:59:59,999 --> 99:59:59,999 are placed in detention centers, 217 99:59:59,999 --> 99:59:59,999 like the one you see here, 218 99:59:59,999 --> 99:59:59,999 where they are suppose to clean up. 219 99:59:59,999 --> 99:59:59,999 There is absolutely no evidence 220 99:59:59,999 --> 99:59:59,999 to show that throwing people into detention 221 99:59:59,999 --> 99:59:59,999 cures their drug dependence. 222 99:59:59,999 --> 99:59:59,999 There is, however, ample evidence 223 99:59:59,999 --> 99:59:59,999 to show that incarcerating people 224 99:59:59,999 --> 99:59:59,999 increases their risk of HIV and other infections. 225 99:59:59,999 --> 99:59:59,999 We know how to reduce HIV transmission and other risks 226 99:59:59,999 --> 99:59:59,999 in people who inject drugs. 227 99:59:59,999 --> 99:59:59,999 It's called harm reduction, 228 99:59:59,999 --> 99:59:59,999 and it involves, among other things, 229 99:59:59,999 --> 99:59:59,999 providing clean needles and syringes, 230 99:59:59,999 --> 99:59:59,999 offering opioid substitution therapy 231 99:59:59,999 --> 99:59:59,999 and other evidence-based treatments 232 99:59:59,999 --> 99:59:59,999 to reduce drug dependence.