in the caribbean
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HUMAN RIGHTS. “From Risk to Vulnerability Caribbean and Global Perspectives”. and HIV. IN THE CARIBBEAN. Wednesday, August 6, 2008Session Room 4. Background. Caribbean – a study in diversity Population of approx: 34 million Consisting of continental nations - PowerPoint PPT PresentationTRANSCRIPT
Wednesday, August 6, 2008 Session Room 4
HUMAN RIGHTS
and HIVIN THE
CARIBBEAN
“From Risk to Vulnerability Caribbean and
Global Perspectives”
Background
• Caribbean – a study in diversity – Population of approx: 34 million – Consisting of continental nations – Large and small island states – 34 independent countries – continued “colonisation” by the USA,
UK, France, Netherlands • Spanish, English, French, Dutch and
Creole-speaking
Background
• Diverse legal backgrounds– French Civil law– Roman Dutch Law– English Common Law– Dutch law– Spanish– Mixed systems – St. Lucia & Guyana
Sources of Human Rights • Written Bills of Rights contained in
Constitutions • Constitutions are “supreme law” of the State • Legislation – in accordance with the
Constitution (Education Act establishes right to Education but not stated in Constitution) International Treaties and Conventions
• Protocols and opinions by Int’l HR Bodies
Rights Recognised in Caribbean
•nondiscrimination and equality before the law
freedom from inhuman degrading treatment and punishment
autonomy, liberty and security of the person
freedom of expression, assembly and association
protection from deprivation of propertyprotection from arbitrary search and
entry
Rights Recognised in Caribbean
protection of the Lawfreedom of consciencefreedom of movementprotection from discrimination on
the grounds of [sex, race, place of origin, political opinions, colour or creed]
Limitations
• Constitutions largely recognise civil and political rights – not social and economic rights
• Limited applicability of Int’l HR Instruments
9
UN Treaty Bodies - Reporting History CESCR CCPR CERD CEDAW CAT CRC
Antigua & Barbuda
Into force: 24-11-88 Last report:
2007
Into force: 31-08-89 Last report:
1997
Into force: 18-08-93
Into force: 04-11-93 Last report:
2004
Bahamas Into force: 04-09-
75 Last report: 2004
Into force: 20-02-91 Last report:
2005
Barbados Into force: 03-01-
76 Last report: 1983
Into force: 23-03-76 Last report:
2007
Into force: 08-12-72 Last report:
2005
Into force: 03-09-81 Last report:
2002
Into force: 04-11-93 Last report:
1999
Cuba Into force: 16-03-
72 Last report: 1998
Into force: 03-09-81 Last report:
2000
Into force: 16-06-95 Last report:
1997
Into force: 20-09-91 Last report:
1997
Dominica Into force: 17-09-93
Into force: 17-09-94
Into force: 03-09-
81
Into force: 12-04-91 Last report:
2004
Dominican Republic
Into force: 04-04-78 Last report:
1997
Into force: 04-04-78 Last report:
2001
Into force: 24-06-83 Last report:
1999
Into force: 02-10-82 Last report:
2004
Into force: 11-07-91 Last report:
2001
Grenada Into force: 06-12-91
Into force: 06-12-91
Into force: 29-09-
90
Into force: 05-12-90 Last report:
2000
10
UN Treaty Bodies - Reporting History CESCR CCPR CERD CEDAW CAT CRC
Guyana Into force: 15-05-
77 Last report: 1997
Into force: 15-05-77 Last report:
2000
Into force: 17-03-77 Last report:
2006
Into force: 03-09-81 Last report:
2005
Into force: 18-06-88 Last report:
2006
Into force: 13-02-91 Last report:
2004
Haití Into force: 06-05-
91 Last report: 1994
Into force: 18-01-73 Last report:
1999
Into force: 03-09-81
Into force: 08-07-
95 Last report: 2003
Jamaica Into force: 03-01-
76 Last report: 2001
Into force: 23-03-76 Last report:
1997
Into force: 04-07-71 Last report:
2002
Into force: 18-11-84 Last report:
2001
Into force: 13-06-91 Last report:
2003
Saint Kitts & Nevis
Into force: 25-05-
85 Last report: 2002
Into force: 02-09-
90 Last report: 1999
Saint Lucia Into force: 14-02-
90 Last report: 2005
Into force: 07-11-82
Last report: 2006
Into force: 16-07-93 Last report:
2005
Saint Vincent &
the Grenadines
Into force: 09-02-82 Last report:
1997
Into force: 09-02-82 Last report:
1990
Into force: 09-12-81 Last report:
2002
Into force: 03-09-81 Last report:
1997
Into force: 25-11-93 Last report:
2002
SurinameInto force: 28-04-
77 Last report: 1994
Into force: 28-04-77 Last report:
2004
Into force: 15-03-84 Last report:
2003
Into force: 31-03-93 Last report:
2002
Into force: 1-03-93 Last report: 2007
Trinidad & Tobago
Into force: 08-03-79 Last report:
2002
Into force: 21-03-79 Last report:
2000
Into force: 03-11-73 Last report:
2001
Into force: 11-02-90 Last report.
2002
Into force: 04-01-92 Last report:
2006
HUMAN RIGHTS ABUSES IN THE CARIBBEAN• Extra- judicial killings• Torture and ill-treatment• Sexual assault and rape, domestic violence• Invasions of privacy• Arbitrary detention• Denial of employment and education
opportunities• Violence• Detention of juveniles with
convicted prisoners
Human Rights and HIV• Exclusion – social, migration • Denial of Services - education, heath care,
housing, insurance, work permits • Homophobic Violence• Breaches of Privacy• Sexual abuse • Denial of reproductive rights• Dismissal from work• Criminal sanctions
– transmission of HIV
Human Rights and HIV• HIV has “exposed” pre-occurring
HR abuses• Has led to more abuses• Forced society to face them and
question why!!!!!!!!!!
“the AIDS epidemic has shone a remorseless light on every
moral issue in every society it has touched. It has exposed
hypocrisy and double-dealing and unjust privilege; it has accentuated inequality and
injustice; and it has revealed misrule.”
Can we legislate morality? and if so
whose?
1515
Definition of Morality • Descriptive usage: a code of conduct held to be
authoritative in matters of right and wrong, whether by society, philosophy, religion, or individual conscience.
• Normative and universal sense: an ideal code of conduct, one which would be espoused in preference to alternatives by all rational people, under specified conditions.
• ‘Morality‘ as synonymous with ethics, the systematic philosophical study of the moral domain
16
Caribbean Morality• Largely based on religious principles• God is our moral centre and all “rules” set
out in the bible are to be strictly observed• Culture • Taboos• Secrecy• Non acceptance or understanding of
human rights principles
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Legislating Morality
– Has society the right to pass judgment at all on matters of morals?
– If society has the right to pass judgement has it also the right to use the weapon of the law to enforce it?
Hypocrisy!!!!!!• Vulnerable populations are
labeled as societal outcasts: – the MSM is “nasty” and
“perverted”– the PLHWA is a “threat” and
“dangerous”– the SW is a “scourge” – they all called this on themselves
because of their low or lack of moral fiber
• The adulterer or fornicator is accepted
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Hypocrisy!!!!!!• There is no compassion• Tolerance• Love of neighbour• Forgiveness• Sharing
All “christian” principles echoed from every pulpit on days of worship
• more appropriate response is to deny, reject, ostracize, belittle, taunt, threaten, assault, or kill the “rejects”.
20
HIV and Human RightsHIV and Human Rights
“Human rights promotion and protection is central to the response to HIV/AIDS. Denying the rights of people living with HIV, and those affected by the epidemic, imperils not only their well-being, but life itself.”
HIV/AIDS and Human Rights: International Guidelines, 2003
Caribbean Vulnerable Communities • Regional coalition of civil society actors working with
marginalised and vulnerable populations– Prisoners– Orphans and Vulnerable Children– Youth (boys and girls) in Especially Difficult Circumstances– Substance Users– Undocumented persons (refugees, deportees, etc)– Sexual minorities (LGBT) – Sex Workers
• Regional support for national programming to scale up response
• Coordinated regional advocacy• Promote rights based approach to HIV
programming
CVC
Vision • To transform, based on human
rights, social justice, respect for human diversity, social inclusion, and the reduction of vulnerability, the national and regional consciousness of the social and economic factors driving the HIV and AIDS epidemics
What have We Done?• GrenChap in Grenada produced a Shadow
Report for the Grenada Periodic Review• Jamaica AIDS Support for Life in Jamaica
fostered a partnership with HR organisations to combat homophobia among the police
• Maxi Linder in Suriname has and continues to promote the rights of Sex workers
• AIDS Action Foundation in St. Lucia is engaged in advocacy in promoting a rights based approach
LGBT 2 major consultations
Bahibe Declaration
Fostered the establishment of Cari Flag- Includes all sexual minorities
Pioneered pilot projects with LGBT groups at the national level
SEX WORKERS
SU
Prisoners3 major consultations
Establishment of Sex Worker Coalition
Working towards establishing linkages with regional and Int’t Networks
Financed the participation of 4 SW to IAC
Policy and advocacy on substance use and criminalization of SU
Establishment of CHRC
Mobilization of resources to establish drop-in centres
Working with penal authorities to establish STI control policies to ensure access to sexual and reproductive health and ARVs
CONCLUSION
CVC is committed to achieving an environment in which moral
majorities are held to a standard which recognizes the dignity of
every human being.
GraciasMerci
Mèsi anpilDank je wel
DankiNgiyabonga
Thanks