Human rights are a set of universal entitlements that individuals enjoy irrespective of their sex, nationality, religion, culture or other status, that are inherent to human beings and that are proclaimed and protected by international law. It stems from the fundamental principle that society, in all its activities, must respect the basic dignity of human person. Human rights have major relevance for shaping appropriate responses to the HIV epidemic and other global health challenges.

 The importance of human rights in the context of HIV/AIDS is two fold: first, the human rights of people living with or affected by HIV/AIDS are worth of protection and promotion of their own right; and second, an environment in which human rights are respected ensures that vulnerability to HIV/AIDS is reduced, that people infected with and affected by HIV/AIDS can lead a life of dignity without discrimination, the personal and societal impact of HIV/AIDS can lead a life of dignity without discrimination, and the personal and societal impact of HIV infection is alleviated. Human rights thus being universal, inherent, and inalienable, there cannot be different standards of human rights norms and standards for HIV/AIDS patients. Hence, it is in the interest of all to protect the rights of those with HIV/AIDS. The right- based prevention approach recognizes societal vulnerability to HIV/AIDS, not just individual risk behavior. It also recognizes vulnerability in different contexts stigmatized or disempowered populations, such as women, children, gay men, injecting drug users and sex workers. This body of law provides powerful tools for three distinct sectors seeking to address the HIV epidemic.

 First, human rights law helps states respond appropriately to the challenges of the HIV/AIDS epidemic by providing framework on which they can formulate laws and policies that integrate public health objectives and human rights standards. Second, human rights provides a basis for tools for non-governmental organizations and advocacy groups to use to monitor the performance of states in their policies and programmes and to take action for redress when public health policies violate rights. Third, human rights also speak to the obligations of public health practitioners with responsibilities for the protection and promotion of health at a population level.

However, widespread abuse of human rights and fundamental freedoms as a result of the spread of HIV/AIDS has emerged in all parts of the world. Nepal is no exception of it. Misconceptions regarding HIV infection often result in violations of the basic human rights of infected and affected people. The social response to HIV has involved stigma (negative judgements and prejudice towards those infected and affected) and discrimination (unequal treatment of those infected and affected). Such violations increase the likelihood that HIV will spread, since people are less willing to seek counseling and advice if they are concerned that they may be at risk of HIV, to test for HIV, or to admit their HIV- positive status and seek treatment and support.

By early 2005, more than 800 cases of full-blown AIDS and over 4,700 cases of HIV infection were officially reported in Nepal. World Bank figures indicate that one-third of HIV infections nationwide are among Injecting Drug Users (IDUs). In the Kathmandu Valley the HIV prevalence rate among IDUs in the early 90s was 2%; in 1999 it exceeded 50 %. UNAIDS estimates that at least 10 per cent of the 2 to 3 million Nepali migrant are infected with the deadly virus.

The HIV situation in Nepal is characterised by the high prevalence among groups involved in high-risk behaviour. Among street sex workers in Kathmandu, it rose from about one per cent in 1992 to about 16 per cent in 1998. Among Intravenous Drug Users (IDUs), it raised from about two per cent in 1991 to 50 per cent in 1997.

STD is a significant correlate of the HIV/AIDS epidemic. It is estimated that 200,000 episodes of STDs occur annually in Nepal. The STD prevalence rate in women is approximately 4.7%, ranging from 2.7% - 5.4%. Access to STD services is still very poor, especially among women. In addition, the use of condoms for effective infection prevention is not yet commonly known or accepted. Condoms contributed to only 1.1% of the total contraceptive prevalence rate. At present other methods of contraception are emphasized, which leave women vulnerable to infection and force them to negotiate condom use for infection prevention.

People with HIV/AIDS can choose what kind of work they want to do as per their wishes. They have right to fair labour practices and should not be unfairly discriminated against them at work. Everyone has a right to employment in accordance to his/her capacity and qualification. Everyone has the right to live in a clean environment i.e. this right is important for PLHA (persons living with HIV/AIDS) who is living in state institutions such as prisons or psychiatric hospitals.

Similarly, such people have equal right to property as other people possess. No person may be evicted form their home or have their home demolished. PLHA may not be refused a subsidy or loan to buy a house. As per Labor Act, PLHA have the right to disability grants if they are too ill to support themselves or their families. Similarly AIDS patient can't be denied the same right of education as all people do deserve. As per Children Act, a school can't refuse to educate a child merely on the ground that he/she is HIV positive and no one shall be detained or prevented from his/her life without the authority of law. Prisoners cannot be treated in a discriminatory or undignified way just because of their HIV status. i.e. everybody should be entitled to enjoy the just, fair right to criminal justice.

An initiation has been taken by preparing proposed HIV and AIDS (Prevention, Control and treatment) Bill/Ordinance, 2062, which has marked a milestone in the field of HIV/AIDS. It is a comprehensive document for strengthening the status of public health by preventing, controlling and treating HIV and AIDS and for establishing an institutional mechanism for protection and promotion of rights of individuals infected and affected by HIV and AIDS. Besides this, there is a National Center for AIDS and STD Control, as the principle-monitoring agent, to monitor the implementation through the agreed indicators with added responsibility in epidemiological surveillance, care, and support. However, they have not been able to enjoy their rights as per their expectation and their need.

A growing body of national and international treaties and customary international law details the obligation of states to respect, protect and fulfill human rights. United Nations General Assembly Declaration of commitment on HIV/AIDS notes that "the full realization of human rights and fundamentals freedoms for all is an essential element in a global response to HIV/AIDS pandemic". It also sets concrete, time bound targets for the introduction of national legislation and other measures to ensure the respect of rights in regard to education, inheritance, employment, health care, social and health service, prevention, support, treatment, information and legal protection. In an effort to strengthen the implementation of the national HIV/AIDS prevention and control strategies, Nepal has established a National AIDS Council (NAC).

As the development of the epidemic had rapidly changed in the last three years, neither the public sector, nor communities were prepared to address the needs of marginalized and stigmatized groups, whose access to services and information was already restricted. Denial of the seriousness of the epidemic is still common, and recent data show a very low level of HIV awareness and risk perception, especially among women. Moreover, the social environment needed for successful intervention is far to support these actions.

The main challenge for Nepal is to respond immediately to an evolving HIV/AIDS epidemic. This has to be undertaken in the context of a civil conflict in the country, weak implementation capacity both within the public and the private sector, structural weakness with respect to multi sector involvement, coordination policy, monitoring and evaluation, and scarce internal resources. Main issues which need to be addressed are: stigma and discrimination, gender inequality and related vulnerability to HIV/ AIDS, scattered interventions with low coverage, significant gaps in research, particularly relating to the sexual behaviour/ cultures of labour migrants and construction of gender roles among Nepali people.

It can be concluded from the above study that AIDS epidemic is increasing day by day. Lack of awareness, thinking and negligence constitutes a vital role in its increment. Furthermore, the study reveals that the levels of high risk behaviour such as unprotected sex and injecting drug use have lead to HIV infection. Since the International Guidelines on HIV/AIDS and human rights propose the states, through political and financial support, to ensure community consultation in all phases of HIV/AIDS policy design, programme implementation and evaluation, many initiatives are being undertaken in different contexts and that reflect approaches to law and policy related to HIV/AIDS that have roots in international human rights law. The emergence of the new bill has, to a larger extent, has protected the human rights of the AIDS patient.

Public health and human rights are complementary, not conflicting, goals. The protection of public health shouldn't be used as a pretext to justify punitive measures. HIV/AIDS is not merely a medical problem, but requires a broader, multifaceted response. Therefore, a consensus now exists that public policy is required to address not only medical or public health issues, but also the socioeconomic context, including issues pertaining to human dignity and elimination of stigma and discrimination. Although international human rights treaties include monitoring mechanism, and some provide for individual complaints about states' behaviour, the provisions for enforcement are generally weak. Participation is key in this area because without its "reality check", governments as well as others can not do anything. To promote rights-based approach to HIV/AIDS, National associates- comprising lawyers, other professionals and people living with HIV/AIDS should be united.