In many countries, laws result in people being treated differently, excluded from essential services or being subject to undue restrictions on how they live their lives, simply because of who they are. Such laws are discriminatory—they deny human rights and fundamental freedoms.

This short policy brief provides simple steps for advocates and implementers to recognize discriminatory laws that impact on people living with or at risk for HIV. It offers key facts about discrimination and its impact on HIV, and key actions that individuals, civil society organizations, governments, and donors can take towards changing laws that discriminate.  People may experience more than one form of discrimination. A person may experience discrimination because of his or her health status and because of his or her race, gender identity or sexual orientation, compounding the effects on the individual and the wider community.

Laws—such as laws on sex work, same-sex sexual relations, the use or possession of drugs for personal use and the non-disclosure, exposure or transmission of HIV—may discriminate by criminalizing conduct or identity. Other laws may prevent people from accessing benefits or services. Girls may not be allowed to go to school if they are pregnant or women may not be able to access financial services without their husband’s permission.

Laws may also impose parental consent for adolescents to access health services or restrict the entry, stay and residence of people living with HIV. States have a moral and legal obligation—under the Universal Declaration of Human Rights, human rights treaties, the 2030 Agenda for Sustainable Development and other international obligations—to remove discriminatory laws and to enact laws that protect people from discrimination.