APPENDICES
Toolkit: Scaling Up HIV-Related Legal Services
d Health care. e Access to services. 4
Criminal law (and punitive administrative laws). a HIV transmission offences. b Sex workers. c Men who have sex with men and transgender people. d People who use illicit drugs. e Legality of needle and syringe programmes, including the protection of outreach staff from arrest. f Law enforcement practices, including (where relevant) police harassment, extortion and assault, confession under duress, police entrapment, falsification of evidence.
5
Treatment rights. a Laws giving people the right to free or subsidized HIV treatment and clinical care. b Health insurance availability and eligibility. c Post-exposure prophylaxis availability and eligibility.
6
Violence protection. a Laws that enable women to obtain protection orders from violence. b Availability and eligibility for post-exposure prophylaxis after sexual assault. c Protection from police assault.
7
Domestic relations and family law, including custody and property rights.
8
Rights to income support, managing debt, welfare, housing and tenancy.
9
Wills, estates and succession. a Laws regarding how to make a will. b Inheritance rights if there is a will and if there is no will.
Photo credit: UNAIDS/S.Finn
10 Role and content of local customary law, if applicable, especially in relation to family and inheritance issues. Module 4: ENFORCEMENT OPTIONS AND REMEDIES 1 Availability of compensation and other remedies. 2 Pros and cons of options from the client’s perspective. 3 Negotiation to resolve complaints. 4 Formal complaint mechanisms. 5 Court procedures and litigation costs. 6 Referral of complaints to prosecutors. 7 Low-cost options. 8 Arbitration, mediation, conciliation. 9 Remedies available from village courts and traditional legal systems. 57