THE RIGHTS OF PEOPLE LIVING WITH HIV (PLHIV) & PEOPLE WHO INJECT DRUGS (PWID) IN THAILAND:

JOINT SUBMISSION

TO THE UN UNIVERSAL PERIODIC REVIEW (UPR)

FOR THAILAND'S THIRD UPR CYCLE

39TH SESSION OF THE UPR WORKING GROUP

 25 MARCH 2021

The 39th Session of the Universal Periodic Review (UPR) Working Group will conduct the 3rd UPR of Thailand. All interested individuals and organizations, including civil society organizations, activists, and academics with work related to Thailand were invited to provide their input ahead of the 3rd UPR cycle that will take place on 10th November 2021.


In this context, Manushya Foundation jointly with Health & Opportunity Network (HON), the Thai Positive Women Foundation (TPWF) and the International Drug Policy Consortium (IDPC)  collaborated on a joint UPR submission ahead of Thailand’s 3rd Universal Periodic Review (UPR) cycle. The submission examines the compliance of Thailand with the recommendations it received during its 2nd UPR cycle in relation to the provision of PLHIV and PWID’s access to healthcare and social welfare, to prevent discrimination, to abolish death penalty, and to raise the criminal responsibility age. 

This submission documents Thailand’s lack of protection provided to PLHIV and PWID. Despite the country’s efforts to stop the HIV pandemic, such as through HIV education campaigns, and universalisation and integration of HIV services, PLHIV and PWID continue to face severe human rights violations due to their HIV-positive status. PWID face even harsher conditions because Thailand’s approach to drug use is highly punitive: individuals caught using or selling drugs face detention and even the death penalty, and are denied access to essential healthcare. They are casted as criminals rather than patients.

This submission indicates that Thailand does not have sufficient protective legislation in place to prevent discrimination and stereotyping against PLHIV and PWID, and to ensure that they have access to public services and effective remedy, which results in violations of their human rights in the following manner:

 

  • Section 2 discusses the lack of legal framework to protect PLHIV and PWID.

  • Section 3 discusses the stigmatisation and discrimination PLHIV and PWID are subjected to.

  • Section 4 discusses discrimination faced by PLHIV and PWID in all stages of employment. 

  • Section 5 discusses barriers faced by HIV-positive students to accessing education and sex education in schools. 

  • Section 6 discusses barriers faced by PLHIV and PWID to accessing healthcare services. 

  • Section 7 includes a set of recommendations to advance the implementation of UPR recommendations received during the 2nd UPR cycle as discussed in this submission.

This submission also provides an annex with an overview of the examined recommendations

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