Homophobia and punitive laws continue to threaten HIV responses and human rights

UNAIDS Infographic: I am Gay - 5 things I fear.

In many regions of the world, punitive laws and practices against lesbian, gay, bisexual and transgender and intersex (LGBTI)[1] individuals continue to block effective responses to HIV. A range of human rights violations have been documented, from denial of health services and freedom of association to harassment, violence and murder.

Last week, a youth organization in Cameroon is reported to have held an anti-LGBT rally; the news followed a series of arrests and detentions in recent years of Cameroonian men who have sex with men based on their sexual orientation.

In Zimbabwe, where sex between men is illegal, police officers arrested and later released 44 members of the organization Gays and Lesbians Zimbabwe (GALZ) on 11 August 2012 following the launch of a GALZ report documenting human rights violations of LGBT individuals.

In Europe, a report on the human rights situation of LGBTI people—published in May 2012 by the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe)—documented many cases of violence, hatred and discrimination against LGBTI people.

Studies in the United States, Canada, Europe and Australia have documented high levels of homophobic bullying in schools and lack of support from school authorities. A recent study conducted in the United States, for example, found that more than 84% of young LGBT learners had been called names or threatened, 40% had been pushed or shoved, and 18% had been physically assaulted at school.

Several cities in the Russian Federation recently passed laws prohibiting public information on sexual orientation and gender identity. Similar legislation is pending before the Ukrainian parliament. UNAIDS believes such laws discriminate against LGBT people by curtailing their freedoms of assembly and speech, threaten HIV outreach organizations supporting them, and may be used to justify homophobic bullying and violence.

A "climate of hate and fear"

Evidence and experience have shown that punitive laws and practices drive sexual minorities away from HIV services. A study conducted in Senegal, for example, found that prosecutions and harassment of LGBT individuals in 2008 led to “pervasive fear and hiding” among members of these groups. According to the study, some health providers suspended their HIV prevention work with men who have sex with men out of fear for their own safety; those who continued to provide health services noted a sharp decline in participation by men who have sex with men.

"Human rights violations based on people's real or perceived sexual orientation, gender identity or expression sanction the climate of hate and fear that keeps LGBTI people further in the closets,” said human rights advocate Joel Nana, Executive Director of the non-profit organization African Men for Sexual Health and Rights (AMSHeR). “Such violations discourage health-seeking behaviour, deny access to key health services and sustain the increasing incidence of HIV infection among men who have sex with men and transgender people," he added.

High HIV prevalence among men who have sex with men, transgender people

In many regions of the world, men who have sex with men and transgender people experience high HIV prevalence and low coverage of HIV prevention, treatment, care and support services.

Recent studies from sub-Saharan Africa show that HIV prevalence among men who have sex with men ranges from 6% to 31%. In Asia, the odds of men who have sex with men becoming infected with HIV are nearly 19 times higher than in the general population. In Latin America, an estimated half of all HIV infections in the region have resulted from unprotected sex between men.

Studies among transgender people have shown disproportionately high HIV prevalence ranging from 8% to 68%. Without access to HIV information and services free of fear, criminal sanction and homophobia, these trends cannot be addressed.

“World leaders are increasingly speaking out against discrimination and criminalization on the basis of sexual orientation and gender identity,” said Susan Timberlake, Chief of the Human Rights and Law Division at the UNAIDS Secretariat. “In launching its report in July, for example, the Global Commission on HIV and the Law issued a strong call for decriminalization of LGBT people and their protection in the context of the AIDS response.”

Some positive developments

Despite setbacks, there are some encouraging developments in favour of equality, non-discrimination and access to health services for sexual minorities.

On 12 July 2012, the President of Chile signed into law an anti-discrimination law that punishes hate crimes, including against LGBT people. Introduced some seven years ago, the adoption of the anti-discrimination law gained momentum following the brutal murder of Daniel Zamudio, a 24-year-old homosexual man.

On the International Day Against Homophobia and Transphobia, 17 May 2012, the European Region of Education International, the European Trade Union Committee for Education (ETUCE), the European Trade Union Confederation (ETUC) and ILGA-Europe committed to strengthen their collaboration to prevent and combat homophobia and transphobia at national and European levels in school, the workplace and society.

In February 2010, the Government of Fiji became the first Pacific Island nation to formally decriminalize sex between men. Fiji’s new Crimes Decree removes previous references to “sodomy” and “unnatural acts” and uses gender neutral language when referring to sexual offences.

In 2009, the High Court of Delhi held that criminalization of same-sex relations is unconstitutional and that it “pushes gays and men who have sex with men underground,” leaving them vulnerable to police harassment and impeding access to HIV services.

UN advocacy and action

In March 2012, the UN High Commissioner for Human Rights presented a report at the 19th session of the UN Human Rights Council documenting discriminatory laws and practices and acts of violence against LGBT individuals based on their sexual orientation and gender identity. The report called on all countries to decriminalize consensual same-sex relations and to ensure that individuals can exercise their rights to freedom of expression, association and peaceful assembly in safety and without discrimination.

At last year’s UN General Assembly High Level Meeting on AIDS, UN Member States committed to reviewing laws and policies that adversely affect the “successful, effective and equitable delivery of HIV services.” UNAIDS encourages all countries to translate this commitment into action to protect the human rights and health needs of LGBT people

source: UNAIDS

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[1] The acronym “LGBTI” is used as an umbrella short-hand for groups and/or individuals whose sexual orientation or gender identity differ from heterosexuality and who may be subject to discrimination, violence and other human rights violations on that basis. Information and data presented in this article may not apply equally to all the groups represented by this acronym.

Council of Europe launched its first and the comprehensive European study on the human rights situation of lesbian, gay, bisexual and trans people to date

Today, the Council of Europe launched its social-legal report on discrimination on the grounds of sexual orientation and gender identity. This is the first ever report covering all 47 member states of the Council of Europe on a range of human rights issues that are pertinent to lesbian, gay, bisexual and trans (LGBT) people.

ILGA-Europe warmly welcomes this significant report which not only maps the legal situation but also highlights the social attitudes and opinions about LGBT people: while there is certain progress in some countries, others continue discrimination and violation of basic human rights of LGBT people.

When it comes to social attitudes, the report clearly demonstrates that LGBT people continue to be subjected to homophobia and transphobia in their everyday lives in all Council of Europe member states and those attitudes are being based on ‘outdated and incorrect information’ about sexual orientation, gender identity and gender .

The report contains a number of specific recommendations to the Council of Europe member states on how to end discrimination and ensure full equality for LGBT people. It also provides a number of recommendations on non-legislative measures such as state education programmes aiming to increase awareness and understanding of various sexual orientations and gender identities and therefore promote improvement of the social attitudes based on facts and objective information.

Martin K.I. Christensen, Co-Chair of ILGA-Europe’s Executive Board, said:
“This is a very important document which looks at the issues of equality and human rights of LGBT people from different angles and provides clear recommendations and suggestions to the Council of Europe member states. There is clear and urgent need to improve legislation to achieve full equality and respect for human rights. The legislation also needs to be supported by proper implementation plans and mechanisms to give its full and practical meaning. The report also looks at the issues of political will, social attitudes and current European consensus and again, provides a range of specific suggestions how the situation can be improved.

We hope that this report along with the Council of Europe’s Committee of Ministers Recommendations adopted in March and a number of the judgements by the European Court of Human Rights, will provide European countries with a solid road map towards full equality and respect of LGBT people’s human rights. We believe there is sufficient European consensus and legal foundation for such improvement, all is required to fill the existing gaps is a political will of the national governments to bring their countries in line with the expected European standard.”

via ILGA-Europe

Study: Pessimistic teens more susceptible to HIV/AIDS

Teenagers who believe that they will die at a young age are seven times more likely than optimistic teenagers to be diagnosed with HIV/AIDS in early adulthood, according to a study released on Monday and published in the July issue of Pediatrics, the AP/Los Angeles Times reports (AP/Los Angeles Times, 6/29).

The study is based on a survey of 20,594 teenagers in grades seven through 12 who were interviewed during 8 years period, which found that 14.7 percent of respondents said they had at least a 50/50 chance of dying before age 35.

According to the Times, the findings challenge the belief that teenagers engage in risky behavior because they think they are invulnerable to harm. Instead, they might engage in such behavior "because they feel hopeless and figure that not much is at stake," Iris Borowsky, researcher at the University of Minnesota and author of the study, said (Tanner, Associated Press, 6/29).

detailed information about the study is available on
Official Journal of the American Academy of Pediatrics website