ABSTRACT

Stigma and discrimination directed at people living with HIV and AIDS (PLWHA) have resulted in numerous cases of violation of human rights worldwide.1 The need to protect the rights and freedoms of PLWHA ultimately gave rise to the incorporation of a “rightsbased” approach by the United Nations system in its response to HIV/ AIDS. The notion of a rights-based approach is based on the principles of non-discrimination and the universality of fundamental human rights, as enshrined in the Universal Declaration of Human Rights and other relevant international conventions.2 In the specific context of HIV/AIDS, the essence of a rights-based approach is an essential requirement for ensuring that the biomedical needs, as well as other basic human needs that transcend healthcare, of PLWHA are satisfied as part of the overall process of human development. This implies that PLWHA should not be discriminated against with respect to the requirements for human development regardless of their HIV status. The concept of health as a universal human right thus becomes a channel for addressing broader questions of basic human needs and social justice.3