An international case law on AIDS is missing. Ten points to fight against discrimination and carry out a serious prevention. The radicals' proposal to bind member States to WHO recommendation.

ABSTRACT: "The global answer to the AIDS pandemic is still inadequate or scarcely realistic". "The first and most urgent measure to be taken is a constant harm-reduction action", which is to be the starting point for further actions based on the "refusal of any form of discrimination". Bonino goes on to provide a "decalogue" of the measures to be adopted. But in addition to controlling, an actual "framework of juridical reference" must be achieved, i.e. an "international case law on AIDS", featuring, among others, the application of the Convention on the Rights of Children or giving a "special mandate" to the WHO to make its "recommendations" binding.

(1994 - IL QUOTIDIANO RADICALE - December 8th 1993)

The global reply to the AIDS pandemic is still inadequate and scarcely realistic. Tackling the phenomenon in a pragmatic way, at a time when institutions and media have clearly reduced their attention could strike the majority as a heterodox attitude. Considering this generalized negligence and irrationality, it is small wonder that there is controversy on the interventions and the preventive strategy to be adopted. A solution to stop the vicious circle? The first and most immediate step could be a constant harm-reduction action. In other words, clean needles in exchange for dirty ones, methadone in lieu of street heroin, safe sex instead of abstinence.

This is the starting point whence further actions must follow. First and foremost, protecting HIV-positive and AIDS patients in order to defend their human rights and refuse any form of discrimination. Classification and segregation methods as well as coercive measures cannot be accepted. In addition to defending AIDS patient' rights, pressure must be used on the States to improve the information and carry out an effective preventive and monitoring policy on the measures adopted and on their consequences.

A decalogue for the authorities should include:

1. Patients' access to drugs that are currently for sale at prohibitive prices;

2. promotion and distribution to the population of condoms, so far considered to be the less dangerous means;

3. serious information and education in schools and in the media;

4. safe reserves of clean blood in hospitals;

5. needle-exchange programs for intravenous drug users;

6. guaranteeing the right to health care and information;

7. improving women's status, namely in parts of the world where women are not in the position to protect themselves from HIV infection with a mere act of will, being unable to control or negotiate safe sex, including the use of condoms;

8. reducing the inequality in investments that ultimately encourages mass migration, and treasuring the Western experience;

Nonetheless, political activity must do more than monitor the authorities' daily action. It is necessary, at the same time, to define a framework of juridical reference. At the present time, there is no international case law on AIDS: this proves how many energies have been wasted without providing a global solution to the problem.

A few solutions could already be pursued, for instance by asking the application and respect of the Convention on the Rights of Children and of that on the elimination of all forms of discrimination against women. Also, governments should be urged to approve an amendment of the 1988 UN convention against the illegal trafficking of narcotic and psychotropic substances (1988) aiming to introduce the relation with AIDS and the concept of harm-reduction, both medical and social. Lastly, we are preparing a campaign to give a special mandate to the World Health Organization whereby WHO recommendation would be strictly binding for Member States.