Employing Human Rights Frameworks to Realize Access to an HIV Cure

Journal of the International AIDS Society, Forthcoming

Benjamin Mason Meier, Adriane Gelpi, Matthew M. Kavanagh, Lisa Forman & Joseph J. Amon, Employing Human Rights Frameworks to Realize Access to an HIV Cure, 18 JOURNAL OF THE INTERNATIONAL AIDS SOCIETY 1-7 (2015).

7 Pages Posted: 26 Jan 2016

See all articles by Benjamin Mason Meier

Benjamin Mason Meier

University of North Carolina at Chapel Hill

Adriane Gelpi

Harvard University - Edmond J. Safra Center for Ethics

Matthew Kavanagh

Georgetown University

Lisa Forman

Dalla Lana School of Public Health, University of Toronto; University of Toronto

Joseph Amon

Human Rights Watch

Date Written: January 22, 2016

Abstract

Introduction: The scale of the HIV pandemic -- and the stigma, discrimination and violence that surrounded its sudden emergence -- catalyzed a public health response that expanded human rights in principle and practice. In the absence of effective treatment, human rights activists initially sought to protect individuals at high risk of HIV infection. With advances in antiretroviral therapy, activists expanded their efforts under international law, advocating under the human right to health for individual access to treatment.

Discussion: As a clinical cure comes within reach, human rights obligations will continue to play a key role in political and programmatic decision-making. Building upon the evolving development and implementation of the human right to health in the global response to HIV, we outline a human rights research agenda to prepare for HIV cure access, investigating the role of human rights law in framing 1) resource allocation, 2) international obligations, 3) intellectual property and 4) freedom from coercion.

Conclusions: The right to health is widely recognized as central to governmental, intergovernmental and non-governmental responses to the pandemic and critical both to addressing vulnerability to infection and to ensuring universal access to HIV prevention, treatment, care and support. While the advent of an HIV cure will raise new obligations for policymakers in implementing the right to health, the resolution of past debates surrounding HIV prevention and treatment may inform claims for universal access.

Keywords: HIV cure, human rights, right to health, operations research, global governance, essential medicines.

Suggested Citation

Meier, Benjamin Mason and Gelpi, Adriane and Kavanagh, Matthew and Forman, Lisa and Forman, Lisa and Amon, Joseph, Employing Human Rights Frameworks to Realize Access to an HIV Cure (January 22, 2016). Journal of the International AIDS Society, Forthcoming, Benjamin Mason Meier, Adriane Gelpi, Matthew M. Kavanagh, Lisa Forman & Joseph J. Amon, Employing Human Rights Frameworks to Realize Access to an HIV Cure, 18 JOURNAL OF THE INTERNATIONAL AIDS SOCIETY 1-7 (2015)., Available at SSRN: https://ssrn.com/abstract=2720523

Benjamin Mason Meier (Contact Author)

University of North Carolina at Chapel Hill ( email )

CB 3435
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Chapel Hill, NC 27599
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HOME PAGE: http://https://www.benjaminmasonmeier.com/

Adriane Gelpi

Harvard University - Edmond J. Safra Center for Ethics ( email )

124 Mount Auburn Street
Suite 520N
Cambridge, MA 02138
United States

Matthew Kavanagh

Georgetown University ( email )

Washington, DC 20057
United States

Lisa Forman

Dalla Lana School of Public Health, University of Toronto ( email )

155 College Street
Toronto, Ontario M5T 3M7
Canada

University of Toronto ( email )

155 College Street
Toronto, Ontario M5T 3M7
Canada

Joseph Amon

Human Rights Watch ( email )

350 Fifth Avenue, 34th Floor
New York, NY 10118-3299
United States

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