Impact of legal aid programmes for persons with HIV,
drug users and other affected populations
Johannesburg 24-26 June 2014
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INTERNATIONAL DEVELOPMENT LAW ORGANIZATION
“IDLO”
Health and Law
• Health is a human right guaranteed in international law
• The IDLO bridges law and health for vulnerable groups
• The ‘enabling legal environment’ now seen as essential
to health rights
• Includes legal services for marginalized and vulnerable
populations
• Legal literacy and legal empowerment are key
• Often involves civil rights such as speech and
association
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IDLO support for national
HIV-related legal services
• Asia-Pacific
• Latin America
• Middle East and North
Africa
• Central and West Africa
• 16 countries
• 5.5 years (2009-2014)
• UNAIDS & UNDP
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Overview: key points for the provision of HIV-related
legal services
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Different models for delivering HIV- related legal services
Training of lawyers on HIV basics, and more
Peer outreach workers can increase demand
Legal services protect public health by keeping key
populations out of prison
Collect evidence for advocacy while providing services
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Models for delivering HIV- related legal services
Options for delivery:
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Stand-alone HIV legal services with full-time lawyers
Integrated into government legal aid
HIV or harm reduction organizations
Community outreach – ‘street law programs’
Integrated into other human rights services
Private sector lawyers on a pro bono basis
Lawyers retained by community based organizations
University law school ‘legal clinics’
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Training of lawyers on HIV basics, and more
Training includes:
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HIV and drug use 101
Sensitivity towards clients
HIV and drug use legal issues
Applicable national and international law
Relevant case law
Referral options if needed
Data collection and reporting
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Peer outreach workers can increase demand
ORWs identify and contact PLHIV and key affected populations,
provide them with legal information, and encourage them to
contact a lawyer if they wish to do so.
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Legal services protect public health by keeping key
populations out of prison
‘In our experience, drug users and other key populations
arrested on HIV-related criminal charges, who have quality legal
representation, are unlikely to go to prison. The police are
unable to make the case and the courts are unwilling to convict
without evidence…
…If a drug user or homosexual appears in court without a
lawyer, he is likely to be sent to prison.’ (Legal service provider,
Egypt)
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Collect evidence for advocacy while providing services
Law Reform
Legal Services
• Evidence is essential for sound law and policy reform
• Evidence based on data from legal services, and strategic litigation.
• Need to assure confidentiality when collecting data.
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Thank You
Ahmed Shehata, Program Coordinator
Middle East and North Africa/Asia Regions, IDLO
ashehata@idlo.int
IDLO acknowledges the following development partners and donors for their
support to its HIV global program:
Australian Aid
Ford Foundation
Joint United Nations Programme on HIV/AIDS (UNAIDS)
OPEC Fund for International Development (OFID)
United Nations Development Program (UNDP)
World Bank Group
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