Toolkit: Scaling Up HIV-Related Legal Services

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HIV-RELATED LEGAL SERVICE MODELS

Toolkit: Scaling Up HIV-Related Legal Services

4. HIV-related legal service models

There are many different models for providing HIV-related legal services. Most services are developed in response to local factors, such as the access needs of the clients, the nature of the local formal and informal legal systems, police practices and the availability of funds, staff and volunteers. Below are eight service models that are drawn from examples of services that operate in different settings. In designing new legal services, elements of these models can be adapted to the local context. Communities should structure their services to respond to local conditions and create unique models. In some settings, it may be more effective to integrate HIV into existing community-based legal aid services or human rights organizations, rather than establishing HIV-specific legal services. Some countries have well-established community-based legal aid services that address the priority legal needs of marginalized and poor communities. Such services may be well placed to address HIV in an integrated way with other services. For example, HIV can be integrated into existing legal services for women, rape survivors or homeless youth. Model 1. STAND-ALONE HIV-SPECIFIC LEGAL SERVICES Stand-alone HIV-specific services are able to build up expertise in HIV-related legal issues and tailor services to the needs of local HIV-affected communities. This model may be appropriate in diverse settings and epidemics. In high HIV prevalence communities, legal services are likely to be a part of a broader network of HIV treatment, care and support services. In lower prevalence settings, legal services may be linked with nongovernmental organizations and communitybased organizations working with key populations on a range of social, health and welfare issues.

Examples of HIV-related legal service models 1 Stand-alone HIV-specific legal services. 2 HIV legal services integrated into the government’s legal aid agency. 3 HIV legal services integrated into the HIV organization or the harm reduction organization. 4 HIV legal services provided through community outreach. 5 HIV legal services integrated into an organization with a broader human rights focus. 6 HIV legal services provided by private sector lawyers on a pro bono basis. 7 HIV legal services provided by private lawyers on retainer to community-based organizations. 8 HIV legal services provided by a university law school.

Some examples are the following: The Botswana Network on Ethics, Law and HIV/AIDS (BONELA) provides legal services, including advice, mediation and litigation. The legal aid centre is coordinated by a legal officer. The legal programme assists with discrimination cases, the preparation of wills and the administration of deceased estates. BONELA also serves as the secretariat for the National AIDS Council Sector on Ethics, Law and Human Rights, which is chaired by the Law Society of Botswana. The National AIDS Council Sector aims to facilitate respect for HIVrelated human rights enshrined in the Constitution of Botswana and international human rights instruments (see http://www.bonela.org). The AIDS Law Project (ALP) is a South African human rights organization that seeks to influence, 21


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