Scholars MUN 2024

Background Guide

Committee- United Nations Human Rights Council

Agenda- Discussion on Right to Life with Special Emphasis on the

issue of HIV/AIDS in Developing Countries
Letter from the Executive Board

Dear Esteemed Delegates,

It is with great pleasure and anticipation that we extend our heartfelt
welcome to the distinguished participants of Scholars MUN 2024
United Nations Human Rights Council (UNHRC). This gathering
represents a unique opportunity for diplomatic discourse and
collaboration on the imperative topic of "Discussion on Right to Life
with Special Emphasis on the issue of HIV/AIDS in Developing
Countries"
As we embark on this intellectual journey, we encourage each
delegate to embrace the challenge of navigating the intricate dynamics
of the UNHRC. Your diverse perspectives and collective efforts are
integral to crafting pragmatic solutions that address the complexities
of international peace and security.
This comprehensive background guide has been meticulously curated
to empower you with the requisite information, historical context, and
analytical frameworks necessary for effective engagement during the
conference. We invite you to delve into the depths of this guide,
acquaint yourselves with the intricacies of the agenda, and prepare to
contribute meaningfully to the discussions within the UNHRC.
May your deliberations be enlightening, your resolutions impactful,
and your diplomatic acumen shine forth.
With Best Regards,

Sarthak Pandit {Chairperson}

Divyansh Pant {Co-Chairperson}

Swara Dalvi {Co-Chairperson}

 ABOUT THE COMMITTEE

Every country in this world includes people who belong to a nation,

ethnicity, religion or linguistic minority who enrich the diversity of
the society. However, too often, minorities face diverse forms of
discrimination and abuses resulting in their marginalisation and
exclusion. Achieving an effective enforcement of basic human rights
for these minorities requires that we implement the international
human rights standards – it is your role as a delegate of the United
Nations Human Rights Council to work towards this aim. The United
Nations commonly defines human rights as rights inherent to all
human beings, regardless of nationality, sex, ethnic origin, colour,
religion, language or any other status. These rights are often
expressed and guaranteed by law, in the forms of treaties, customary
international law, general principles and other sources of international
law. They are universal, inalienable, indivisible, equal and
non-discriminatory. Non- discrimination is a cross-cutting principle in
international human rights law: one of its expressions is the
prohibition of human rights abuses based on ethnic and religious
considerations.

The United Nations Human Rights Council (UNHRC) was

established by the General Assembly in 2006. UNHRC replaced the
Human Rights Commission after much criticism for allowing states to
be members who had significant human rights abuses. UNHRC
consists of 47 member states that are responsible for supporting and
protecting human rights around the world. UNHRC is a subsidiary of
the General Assembly and the General Assembly elects the members
of UNHRC. The membership seats are divided between regional
groups where 13 seats go to Africa, 13 to Asia, 6 to Eastern Europe, 8
to Latin America and the Caribbean, 7 to Western Europe and Others
Group. UNHRC deals with topics that revolve around human rights
violations. UNHRC abides by the many different human rights
conventions. UNHRC employs special rapporteurs and working
groups to keep states in check. These special rapporteurs and working
groups investigate and intervene in individual cases and emergency
human rights cases. These special rapporteurs create reports that are
then published for the global community to view.
 Introduction

Article 6 of the International Covenant on Civil and Political Rights

recognizes and protects the right to life of all human beings. The right
to life is the supreme right from which no derogation is permitted,
even in situations of armed conflict and other public emergencies that
threaten the life of the nation. The right to life has crucial importance
both for individuals and for society as a whole. It is most precious for
its own sake as a right that inheres in every human being, but it also
constitutes a fundamental right, the effective protection of which is
the prerequisite for the enjoyment of all other human rights and the
content of which can be informed by other human rights.

The right to life is a right that should not be interpreted narrowly. It

concerns the entitlement of individuals to be free from acts and
omissions that are intended or may be expected to cause their
unnatural or premature death, as well as to enjoy a life with dignity.
Article 6 of the Covenant guarantees this right for all human beings,
without distinction of any kind, including for persons suspected or
convicted of even the most serious crimes.

Paragraph 1 of article 6 of the Covenant provides that no one shall be

arbitrarily deprived of life and that this right shall be protected by law.
It lays the foundation for the obligation of States parties to respect and
ensure the right to life, to give effect to it through legislative and other
measures, and to provide effective remedies and reparation to all
victims of violations of the right to life.

Paragraphs 2, 4, 5 and 6 of article 6 of the Covenant set out specific

safeguards to ensure that in States parties that have not yet abolished
the death penalty, death sentences are not applied except for the most
serious crimes, and then only in the most exceptional cases and under
the strictest limits. The prohibition on arbitrary deprivation of life
contained in article 6 (1) further limits the ability of States parties to
apply the death penalty. The provisions in paragraph 3 regulate
specifically the relationship between article 6 of the Covenant and the
Convention on the Prevention and Punishment of the Crime of
Genocide.

The burden of HIV infection and disease continues to increase in

many developing countries. An emerging theme is of an HIV
pandemic composed of mini-epidemics, each with its own
characteristics in terms of the trends in HIV prevalence, those
affected, and the HIV-related opportunistic diseases observed. A
number of explanations for the observed differences in the spread of
HIV infection have been proposed but since the factors concerned,
such as sexual behaviour and the prevalence of other sexually
transmitted diseases, are closely interrelated, it is difficult to tease out
which are the most important. Among HIV-related opportunistic
diseases, tuberculosis stands out as the most important cause of
morbidity and mortality in most developing countries, but the relative
prevalence of other diseases shows considerable regional variation.
Thus, there is a need for local approaches to the global problem of
managing HIV disease. The most pressing public health challenges
are to use existing knowledge of strategies to reduce HIV
transmission, and to apply them in ways appropriate to the local
situation, and to develop, evaluate and implement interventions to
prolong healthy life in those already infected.
The Issue of HIV/AIDS-

Human immunodeficiency virus (HIV) is a virus that attacks the

body’s immune system. Acquired immunodeficiency syndrome
(AIDS) occurs at the most advanced stage of infection. HIV targets
the body’s white blood cells, weakening the immune system. This
makes it easier to get sick with diseases like tuberculosis, infections
and some cancers. HIV is spread from the body fluids of an infected
person, including blood, breast milk, semen and vaginal fluids. It is
not spread by kisses, hugs or sharing food. It can also spread from a
mother to her baby. HIV can be prevented and treated with
antiretroviral therapy (ART). Untreated HIV can progress to AIDS,
often after many years.

WHO now defines Advanced HIV Disease (AHD) as CD4 cell count
less than 200 cells/mm3 or WHO stage 3 or 4 in adults and
adolescents. All children younger than 5 years of age living with HIV
are considered to have advanced HIV disease.

HIV can be transmitted via the exchange of body fluids from people
living with HIV, including blood, breast milk, semen, and vaginal
secretions. HIV can also be transmitted to a child during pregnancy
and delivery. People cannot become infected with HIV through
ordinary day-to-day contact such as kissing, hugging, shaking hands,
or sharing personal objects, food or water.
People living with HIV who are taking ART and have an undetectable
viral load will not transmit HIV to their sexual partners. Early access
to ART and support to remain on treatment is therefore critical not
only to improve the health of people living with HIV but also to
prevent HIV transmission.
● KEY FACTS-

1. HIV remains a major global public health issue, having claimed

an estimated 42.3 million lives to date. Transmission is ongoing
in all countries globally.
2. There were an estimated 39.9 million people living with HIV at
the end of 2023, 65% of whom are in the WHO African Region.
3. In 2023, an estimated 630 000 people died from HIV-related
causes and an estimated 1.3 million people acquired HIV.
4. There is no cure for HIV infection. However, with access to
effective HIV prevention, diagnosis, treatment and care,
including for opportunistic infections, HIV infection has become
a manageable chronic health condition, enabling people living
with HIV to lead long and healthy lives.
5. WHO, the Global Fund and UNAIDS all have global HIV
strategies that are aligned with the SDG target 3.3 of ending the
HIV epidemic by 2030.
6. By 2025, 95% of all people living with HIV should have a
diagnosis, 95% of whom should be taking lifesaving
antiretroviral treatment, and 95% of people living with HIV on
treatment should achieve a suppressed viral load for the benefit
of the person’s health and for reducing onward HIV
transmission. In 2023, these percentages were 86%, 89%, and
93% respectively.
7. In 2023, of all people living with HIV, 86% knew their status,
77% were receiving antiretroviral therapy and 72% had
suppressed viral loads.
Challenges in Delivering Universal Access-

Obstacles to scaling up HIV treatment persist in most countries,

including funding shortages, limited human resources, and weak
procurement and supply management systems for HIV drugs and
diagnostics and other health systems bottlenecks. One third of
countries reported at least one or more cases when supply of HIV
medicines had been interrupted.

Prevention efforts to reach most-at-risk populations such as sex

workers, drug users, and men who have sex with men are limited. For
example, only about one third of injecting drug users in reporting
countries were reached with HIV prevention programmes.

Availability and safety of blood and blood products continue to be a

concern for HIV prevention, especially in low-income countries.
While 99% and 85% of blood donations in high- and middle-income
countries, respectively, were screened in a quality-assured manner in
2009, in low-income countries the comparable figure was 48%.

Results from population surveys in ten countries showed more than

60% of HIV-positive people did not know their HIV status. As a
result, many patients start treatment too late. Around 18% of patients
initiating treatment were lost to follow-up during the first year, a large
proportion of them dying due to late initiation of treatment.
"The report findings indicate challenges but also clear opportunities
for optimising investments and increasing efficiency. By starting
treatment earlier and improving adherence within the first year, we
can save many more lives," said Dr Gottfried Hirnschall, the then
WHO's Director for HIV/AIDS. "We also need to not only further
increase access to key HIV/AIDS interventions but also to pay
attention to ensure higher quality of these life-saving services," he
said.
Women and Children
Steady progress was seen in access to prevention of mother-to-child
transmission (PMTCT) services. A record 53% of pregnant women
who needed PMTCT services received them globally. But still many
pregnant women and their infants lacked access to these timely
interventions. Care for infants and children require highest attention.
Global treatment coverage for HIV positive children was 28% in
2009, a notable progress, but the rate is lower than the ART coverage
for adults (36%). And only 15% of children born to HIV-positive
mothers were receiving appropriate infant diagnostics.
"Every day, more than 1 000 infants acquire HIV during pregnancy,
delivery and breastfeeding. We know how to prevent this," says
Jimmy Kolker, the then Chief of HIV and AIDS of UNICEF. "While
many countries are now showing significant progress, intensified
efforts are urgently needed to reach all mothers and children with the
most effective treatment and PMTCT interventions for their own
health and for the sake of their communities."
This call to action is consistent with the key strategies proposed by a
broad range of stakeholders for the new Global Health Sector Strategy
for HIV/AIDS.
Human rights are intimately linked with the spread and impact of
HIV/AIDS. A lack of respect for human rights fuels the spread and
exacerbates the impact of the disease, while at the same time HIV
undermines progress in the realisation of human rights. This link is
apparent in the disproportionate incidence and spread of the disease
among certain groups which, depending on the nature of the epidemic
and the prevailing social, legal and economic conditions, include
women and children, and particularly those living in poverty. It is also
apparent in the fact that the overwhelming burden of the epidemic
today is borne by developing countries, where the disease threatens to
reverse vital achievements in human development. AIDS and poverty
are now mutually reinforcing negative forces in many developing
countries.
Addressing HIV-related Human Rights in Conflict and
Post-Conflict situations

Conflicts and natural disasters, when combined with displacement,

food insecurity, and poverty, can lead to humanitarian emergencies
that have the potential to increase vulnerability to HIV infection, and
can disrupt treatment, care and support programmes for people living
with HIV. National human rights institutions can play an important
role in ensuring that States address the protection and promotion of
HIV-related human rights in conflict and emergency situations, and
build HIV into post-crisis strategies and programmes.
This includes:
1. Advocating for measures to ensure uninterrupted access to
treatment, prevention and other HIV-related services, especially
for key populations at higher risk
2. Advocating for the integration of HIV awareness, prevention,
care and treatment into emergency response programmes
3. Promoting safe access to food, water, housing and other
necessities, as well as income-generation possibilities
4. Putting in place measures to prevent violence against women
and children,(including enforcing the humanitarian code of
conduct), and ensuring access to post-exposure prophylaxis and
other services for survivors of sexual violence
5. Including HIV-related issues in human rights monitoring during
conflict and in humanitarian response initiatives
6. Ensuring HIV training is provided to human rights monitors and
other personnel, including peacekeepers, military and
humanitarian staff
7. Engaging people living with HIV and members of vulnerable
populations in the development of emergency response and
post-conflict development programmes.
Right to Life-

Deprivation of life involves a deliberate or otherwise foreseeable and

preventable life-terminating harm or injury, caused by an act or
omission. It goes beyond injury to bodily or mental integrity or threat
thereto, which are prohibited by article 9. States parties have the duty
to refrain from engaging in conduct resulting in arbitrary deprivation
of life. They must also exercise due diligence to protect the lives of
individuals against deprivations caused by persons or entities, whose
conduct is not attributable to the State. The obligation of States parties
to respect and ensure the right to life extends to all threats that can
result in loss of life. States parties may be in violation of article 6
even if such threats have not actually resulted in loss of life. Enforced
disappearance constitutes a unique and integrated series of acts and
omissions representing a grave threat to life and may thus result in a
violation of the right to life. It also violates other rights recognized in
the Covenant, in particular, article 9 (liberty and security of persons),
article 7 (prohibition of torture or cruel, inhuman or degrading
treatment or punishment) and article 16 (right to recognition of a
person before the law). States parties must take adequate measures to
prevent the enforced disappearance of individuals, and conduct an
effective and speedy inquiry to establish the fate and whereabouts of
persons who may have been subject to enforced disappearance. States
parties should also ensure that the enforced disappearance of persons
is punished with criminal sanctions and introduce prompt and
effective procedures to investigate cases of disappearances
thoroughly, by independent and impartial bodies. They should bring
to justice the perpetrators of such acts and omissions and ensure that
victims of enforced disappearance and their relatives are informed
about the outcome of the investigation and are provided with full
reparation. Under no circumstances should families of victims of
enforced disappearance be obliged to declare them dead in order to be
eligible for reparation. States parties should also provide families of
victims of disappeared persons with means to regularise their legal
status in relation to the disappeared persons after an appropriate
period of time. Although States parties may adopt measures designed
to regulate terminations of pregnancy, such measures must not result
in violation of the right to life of a pregnant woman or her other rights
under the Covenant, including the prohibition against cruel, inhuman
and degrading treatment or punishment. Thus, any legal restrictions
on the ability of women to seek abortion must not, inter alia,
jeopardise their lives or subject them to physical or mental pain or
suffering which violates article 7. States parties must provide safe
access to abortion to protect the life and health of pregnant women,
and in situations in which carrying a pregnancy to term would cause
the woman substantial pain or suffering, most notably where the
pregnancy is the result of rape or incest or when the foetus suffers
from fatal impairment. States parties may not regulate pregnancy or
abortion in a manner that runs contrary to their duty to ensure that
women do not have to undertake unsafe abortions. {For example, they
should not take measures such as criminalising pregnancies by
unmarried women or applying criminal sanctions against women
undergoing abortion or against physicians assisting them in doing so,
when taking such measures is expected to significantly increase resort
to unsafe abortions}. Nor should States parties introduce humiliating
or unreasonably burdensome requirements on women seeking to
undergo abortion. The duty to protect the lives of women against the
health risks associated with unsafe abortions requires States parties to
ensure access for women and men, and, in particular, adolescents, to
information and education about reproductive options,and to a wide
range of contraceptive methods.19 States parties must also ensure the
availability of adequate prenatal and post-abortion health care for
pregnant women.
Conclusion-

The promotion and protection of human rights are needed now more
than ever in the response to AIDS. Years of experience with the
epidemic has confirmed that much more needs to be done to
strengthen political commitment to human rights and gender equality
in national HIV responses, to translate that into programmatic action
in communities and to ensure accountability for results. National
institutions, working with civil society, State institutions, multilateral
partners and others, have a critical role to play in making sure that the
response to HIV is rights-based, participatory, non-discriminatory and
based on gender equality.
Integrating HIV into the work of national human rights institutions
requires all staff members to have an understanding of the epidemic
and its implications for human rights and the work they do under the
institution’s mandate. National institutions seeking to expand their
work on HIV should meet representatives of the national AIDS
programme, networks of people living with HIV and other key
stakeholders, and work together on the key human rights issues in the
national epidemic to make the response more effective for all. The
Human Rights Committee’s General comment No. 36 on article 6 of
the International Covenant on Civil and Political Rights, on the right
to life, marks a great step toward preventing maternal mortality and
morbidity, to secure women’s and girls’ right to equality and
non-discrimination, and to ensure their right to life. This is also a
precious tool for stakeholders, chiefly, women and girls, as well as for
States, non-governmental organisations, health professionals,
members of the judiciary and of the legal profession, education
officials, among others, in their endeavours to secure, more broadly,
effective realisation of women’s and girls’ rights.

● Kindly Note to not limit your research to this Background Guide

only. The Scope for Discussion on this Agenda is vast and
 Delegates are expected to base their research even outside this
Background Guide.

Formal Debate:

1) General Speaker’s List (GSL) - This is basically a speech that

allows a delegate to present his/her introductory stance on the crisis in
the beginning of the committee. It will allow the countries to
understand the various standpoints of other countries as we begin with
the debate. There shall be Yields or Points of Information for this
speech. The default time limit of this speech is 90 seconds.

2) Special Speaker’s List (SSL) - This is a speech which enables a

delegate to present his/her country’s stance on a particular topic. It
works similar to a GSL while the only difference is stances being on a
topic rather than an entire agenda. It has a default time limit of 1
minute 30 seconds (90 seconds). It has all the yields and points
similar to a GSL.

Informal Debate:

1) Moderated Caucus - These are motions that are used to give

specialised speeches on subtopics of the whole agenda. They have a
maximum individual speaker’s time limit of 2 min and total time limit
of 20 mins. The recommendation for a moderated caucus must
include a time limit for delegate remarks and a time limit for the
entire caucus (e.g. "The nation of [country name] moves for a five
minute moderated caucus with a 30 second speaking time."). This can
also be extended by a time duration that is equal to half the total time
limit it was raised for, by proposing a motion to extend.
2) Unmoderated Caucus - This motion allows the delegates to enter an
informal session which the delegates can use for lobbying,
documentation and other purposes. This can also be extended by
raising a motion similar to a moderated caucus with only the time
limit for the entire caucus.

Points:

Point of Personal Privilege-

Personal inconvenience e.g. inaudibility of some part of the speech of
another delegate, CAN interrupt an active speaker

Point of Order-
Used to point out inaccuracies in procedure and if allowed, even on
factual inaccuracies within the speeches of other delegates, CANNOT
interrupt an active speaker

Point of Parliamentary Inquiry-

Used to clarify doubts on the rules of procedure, CANNOT interrupt a
speaker

Point of Information-
Used to ask questions to other delegates on their speeches, CANNOT
interrupt an active speaker
Yields:

1. Yield to Points of Information-

Yielding the remaining time to other delegates so that they can
question you on the speech you made.

2. Yield to Another Delegate-

Yielding remaining time to some specific delegate to let her/him
make her/his speech. Prior consent to the yield by the other
delegate is necessary.

3. Yield to the Executive Board-

Yielding the remaining time to the EB. Such yielded time is
deemed elapsed by the EB but not always. Such time usage is up
to the discretion of the EB.

iv. Foreign policy

Understanding and articulating the foreign policy of the assigned
country is pivotal for delegates. Foreign policy serves as the guiding
compass that navigates a nation's interactions on the global stage. It
encapsulates a comprehensive set of principles, objectives, and
strategies that shape a country's stance on various international issues,
including peacekeeping operations and crisis response. Deviating
from one's country's foreign policy without a valid justification is
considered a significant error for a delegate. In the context of the
UNHRC, delegates are tasked with representing the intricate nuances
of their respective nations' foreign policies. This entails a profound
exploration of historical precedents, regional alliances, and the
overarching diplomatic philosophy that informs a country's approach
to international relations. The examination should extend to the
nation's commitments to the United Nations Charter and its
willingness to contribute resources, both human and financial, to UN
peacekeeping missions.

v. Role of the Executive Board

The primary responsibility of the Executive Board is to assist in

guiding the debate, although it is the committee members who
ultimately influence the direction and dynamics of the discussion.
Delegates, being integral constituents of the committee, are
encouraged to openly express their opinions and perspectives without
reservation. Nonetheless, the Executive Board retains the authority to
raise questions and request clarifications at any juncture, aiming to
enrich the debate and gauge participants' comprehension.