WHAT ARE HIV-RELATED LEGAL SERVICES?
Toolkit: Scaling Up HIV-Related Legal Services
Representation can also be provided in the context of informal, traditional or religious legal systems. Some legal models build on traditional systems of justice that rely on elders, religious leaders or other community figures to help to resolve conflict. These models are often more easily approached, as well as less costly and lengthy, than formal court systems. Court proceedings can be conducted to resolve an individual’s dispute or to set a precedent that benefits other people in similar circumstances to that individual. Test cases or ‘strategic litigation’ may be conducted to establish a new legal rule, to clarify the application of the law or to address a discriminatory policy or practice.2 Test cases can be complex, risky and costly, and require a high level of expertise. Some legal services may wish to refer test cases for more specialized legal advice. Additional legal services Additional legal services that are supportive of and supported by the core legal services described above include legal and human rights education, legal research, monitoring, law reform and advocacy activities. These activities have the potential to significantly increase the uptake, as well as the social impact, of a legal service programme. These additional legal services may include: 1 Education of people living with and affected by HIV and key populations about their legal and human rights (‘legal literacy’ and empowerment programmes). This is essential to ensure that those accessing legal services include people who otherwise might not know that their legal and human rights have been infringed or how to enforce their rights. 2 Education of lawyers, paralegals, judiciary, nongovernmental organizations, prosecutors and police about HIV, human rights and the law as well as effective provision of HIV-related legal services. 3 Education of the media, health-care workers, employers, trade unions and other groups about HIV, human rights and the law. 4 Research on trends of HIV-related legal cases, including the monitoring and documentation of human rights violations. 5 Advocacy and campaigning on policy and law reform issues, or for changes to practices and increased resources. This may include drafting model laws and providing input to law reform processes. These services are generally provided by lawyers, paralegals, legal researchers, campaign officers and educators who have legal training. 2 UNAIDS, Canadian HIV/AIDS Legal Network (2006). Courting rights: case studies in litigating the human rights of people living with HIV. Geneva, UNAIDS. Available at http://data.unaids.org/pub/Report/ 2006/jc1189-courtingrights_en.pdf.
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