Canadian HIV/AIDS Legal Network
By Louise Chatterton Luchuk
June 28, 2010
TORONTO, ON // When you think of HIV/AIDS-related organizations in the nonprofit sector, you likely think of community support organizations or health promotion agencies. However, the Canadian HIV/AIDS Legal Network takes a different approach based on their firm belief that law and human rights must be the starting point of any meaningful and successful response to HIV/AIDS. The Legal Network started in 1992 because a group of individuals involved in the fight against HIV/AIDS saw that no one was addressing legal and human rights.
Human rights are at the centre
The Canadian HIV/AIDS Legal Network promotes the human rights of people living with — and vulnerable to — HIV/AIDS both in Canada as well as internationally, through research, legal and policy analysis, education, and community mobilization. The first major issue that the Legal Network tackled was the right to health of those in prison but the mandate has evolved over the years.
People might be surprised to know about the range of issues that the Legal Network currently covers (e.g. from issues of privacy and income security to issues of immigration and travel to issues of sex work and issues of discrimination). Gilles Marchildon, director of communications, highlights the fact that that the organization's focus is not just on those living with HIV/AIDS but also those who are vulnerable: "It has been established that certain groups are particularly vulnerable: prison, sex workers, IV drug users among others. We are often defending people who are very vulnerable, who face all kinds of social stigma and marginalization."
The Legal Network takes an evidence-based legal approach to this work. Lawyers on staff very thoroughly review the law (both international and domestic) before the Legal Network takes a stand on an issue. Explains Marchildon, "Others make effective arguments but more on humanitarian or compassionate grounds whereas we look at the legal grounds, the evidence." By way of example, Marchildon cites the Legal Network's position that the Canadian government should introduce needle exchange programs in prisons. Their position paper on this topic provides evidence-based arguments from similar programs in 11 different countries which have reduced the spread of HIV/AIDS in prison.
The Legal Network's current priorities
In addition to promoting the human rights of prisoners to access HIV prevention, treatment, and support services, the Legal Network's other priorities include a focus on women's rights. According to the Legal Network, since the beginning of the HIV/AIDS epidemic, women and girls have accounted for a steadily larger proportion of new HIV transmission, both in Canada and internationally (primarily as a result of sex with a male partner living with HIV). Therefore, the Legal Network wants to address the poverty, subordination, violence, and human rights abuses that drive the epidemic among women and compound its effect upon them. To this end, they are currently involved in a case with WLSA (Women and Law in South Africa). The Malawi chapter is in court challenging the division of marital property and arguing that the current status of the law economically disadvantages women. The Legal Network's involvement is to demonstrate how the current laws hurt the fight against HIV/AIDS by making women more dependent on male spouses and, in turn, making them more vulnerable to HIV/AIDS.
The third priority area for the Legal Network is drug policy and harm reduction. In Canada and other countries, illegal drug use and addiction are largely criminal law concerns, rather than public health issues. "The evidence is such that the best approach is one from a harm reduction perspective instead of over-relying on law enforcement," says Marchildon. "Law enforcement is like closing the gate after the horses have left. It is punitive and the evidence shows that people don't usually curb drug use based on punishment by law. Laws don't cure addiction." The Legal Network works to ensure that drug-related laws, policies and law enforcement do not compromise the health and human rights of people who use drugs or increase their vulnerability to HIV infection. This does not suggest that if someone has committed a crime they should not be punished but in terms of public policy, it does suggest where resources should be invested so to best respond to drug use and addiction.
The fourth priority area is a big and complex area, admits Marchildon. In many countries, including Canada, it is a criminal offence to transmit or expose another person to HIV through unprotected sex. Legislators and courts have decided that the criminal law requires people living with HIV to disclose their status before engaging in behaviours that risk transmitting HIV. In the last few years the number of people charged with non-disclosure has increased and so too has the severity of the charges. While the Legal Network agrees with the goal of reducing the spread of HIV/AIDS, they "are not convinced that using criminalization and criminal law is the best way to reach the goal," conveys Marchildon. "What has happened is that a few really awful cases of people doing things that are really morally reprehensible. Those cases have been sensationalized and we've noted an increase in the number of prosecutions since."
A snapshot of... |
Who: Canadian HIV/AIDS Legal Network
Mandate/Mission: Promotes the legal and human rights of people living with and vulnerable to HIV/AIDS, in Canada and internationally, through research, legal and policy analysis, education, and community mobilization.
Location: Toronto, ON
When established: 1993
Number of staff: 13
Number of volunteers: 25
Budget: $1.7 million
|
|
|
Like all nonprofit organizations, funding is a challenge
The Canadian HIV/AIDS Legal Network is Canada's leading advocacy organization working on the legal and human rights issues raised by HIV/AIDS. While their work may be different than many other nonprofit sector organizations, they share a challenge with the rest of the sector. As their mandate evolves, issues that they research and positions that they take increase in number, the challenge of funding is the most daunting to overcome. Despite doing policy work (rather than direct service work) and despite upholding the rights of marginalized groups with social stigma, the Legal Network has worked hard to diversify its funding sources which allows them to uphold the human rights of those living with — and vulnerable to — HIV/AIDS in Canada as well as internationally.
Louise Chatterton Luchuk provides research and resources for organizations that want to strategically move forward. She is a consultant and writer who combines her love of writing with research and project management experience at the regional, provincial and national levels of voluntary/nonprofit organizations. You can reach Louise at info@luchuk.com.
Have you -- or your organization -- experienced a stunning success or spectacular failure? How are you creatively and innovatively making your mark? These are the stories we want to capture. Help make the nonprofit sector stronger by sharing your story and the valuable lessons you learned along the way. Email us today at editor@charityvillage.com.
