Human rights

22 April 2024 – UNAIDS welcomes the decision of the High Court of Dominica to protect the rights of LGBTQ people in Dominica.

Today the Court ruled that sections 14 and 16 of the Sexual Offences Act (SOA), which had criminalised consensual same sex activity between adults, are unconstitutional under the Constitution of the Commonwealth of Dominica. The Court ruled that the former provisions violated the right to liberty which is guaranteed by section 1(a) of the Constitution, freedom of expression which is guaranteed by sections 1 (b) and section 10 (1) and protection of personal privacy which guaranteed by section 1 (c).  

In a decision by Justice Kimberly Cenac-Phulgence on a claim brought by a gay man, the Court found that:

“criminalising sexual relations between consenting adults of the same sex as effected by sections 14 and 16 of SOA is an unjustifiable restriction on the constitutionally guaranteed right to freedom of expression in a free and democratic society”.

Equally powerfully, the court accepted that the right to protection of privacy of the home encompasses:

“private and family life and the personal sphere which includes one’s sexual identity and orientation as well as intimate activity with a partner of a person’s choice. Therefore Sections 14 and 16 of the SOA contravene the Constitution in so far as they intrude on the private home life of an individual by proscribing the choice of consenting adults as to whom to engage in intimate sexual activity with,  and are therefore, void.”

Dominica is the sixth country in the Caribbean in which powerful community action has resulted in the removal of the criminalisation of same-sex relations. As well as advancing human rights for everyone including LGBTQ people, this legal progress will also advance public health for everyone. The series of rulings made across the Caribbean are helping the region to speed up its progress towards zero new HIV infections, zero AIDS-related deaths and zero discrimination for affected people.

Winnie Byanyima, Executive Director of UNAIDS, said:

“Today another Caribbean Court has struck down the harmful old colonial punitive law which had criminalised LGBTQ people. Dominica’s ruling is a win for public health as well as for human rights. Protecting the human rights of all people is essential to protect the health of all people. Courts, as the guardians of written Constitutions which enshrine fundamental rights, are vital pathways for the realisation of everyone’s rights.”

UNAIDS congratulates Dominica and especially honours the fortitude of frontline communities in Dominica for leading the movement for the human rights of all people.

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

GENEVA/JOHANNESBURG, 3 April 2024—The Constitutional Court of Uganda has today struck down certain sections of the Anti-Homosexuality Act, 2023.

“The Constitutional Court of Uganda made a judgment today to strike down certain sections of the Anti-Homosexuality Act, 2023. Evidence shows that criminalizing populations most at risk of HIV, such as the LGBTQ+ communities, obstructs access to life-saving health and HIV services, which undermines public health and the overall HIV response in the country,” said Anne Githuku-Shongwe, UNAIDS Regional Director for Eastern and Southern Africa. “To achieve the goal of ending the AIDS pandemic by 2030, it is vital to ensure that everyone has equal access to health services without fear."

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

GENEVA, 27 February 2024—Zero Discrimination Day was established by UNAIDS ten years ago to advance equality and fairness for everyone regardless of gender, age, sexuality, ethnicity or HIV status. However, progress is in peril.

Attacks on the rights of women and girls, of LGBTQ+ people, and of other marginalized communities are on the rise. And when laws, policies, practices or norms enshrine punishment, discrimination or stigma for people because they are women, or are LGBTQ+, or are migrants, or sex workers, or use drugs, the results lead to failing public health as these communities are pushed away from vital health and social services.

“The attacks on rights are a threat to freedom and democracy and are harmful to health. Stigma and discrimination obstruct HIV prevention, testing, treatment and care, and hold back progress towards ending AIDS by 2030,” said Winnie Byanyima, Executive Director of UNAIDS. “It is only by protecting everyone’s rights that we can protect everyone’s health.”

There has been progress. At the start of the AIDS pandemic 40 years ago, two thirds of countries in the world criminalized LGBTQ+ people, today two-thirds of countries do not.

38 countries around the world have pledged to end HIV-related stigma and discrimination and today 50 million more girls are in school than in 2015.

To continue this progress UNAIDS urges support for women’s movements and movements for the rights of LGBTQ+ people, for racial justice, for economic justice, for climate justice, and for peace. As communities across the world stand up for rights, the United Nations is not only on their side but by their side.

On this Zero Discrimination Day (1 March), and across the whole month of March, events and activities will remind the world of this vital lesson and call to action: by protecting everyone’s rights, we can protect everyone’s health.

“Through upholding rights for all, we will be able to achieve the Sustainable Development Goals, and to secure a safer, fairer, kinder, and happier world – for everyone,” added Ms Byanyima.

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

UNAIDS is concerned about the impact on peoples’ health and rights following the decision of the High Court of St. Vincent and the Grenadines regarding sections 146 and 148 of the Criminal Code, which upholds discriminatory and harmful laws against LGBTQ people.

On Friday, February 16, 2024, the High Court, in an oral delivery, denied the claim by two Vincentian nationals, who reside outside of the country, that sections 146 and 148 of the Criminal Code criminalising buggery between any two persons with a penalty of up to 10 years imprisonment, violate the fundamental rights to privacy, personal liberty, freedom of conscience, freedom of expression and protection from discrimination. The Court dismissed in their entirety all claims by the two Claimants and awarded the sum of EC$7,500 prescribed costs to the Attorney General to be paid by each of the Claimants. 

In the written decision published February 22, 2024, the Court in dismissing the consolidated claims of Javin Johnson and Sean MacLeish held that the Claimants had failed to establish on the evidence, a present or existing breach of any alleged rights due to lack of locus standi (the requisite standing to invoke a review by the Court) as the Claimants do not reside in the State and had not for years prior to the filing of the claims.

UNAIDS is particularly concerned that the judgment referred to protecting public health and tackling the HIV epidemic as justifying punitive anti-LGTBQ laws, because the evidence shows that such laws hinder efforts to protect public health and tackle the HIV epidemic. At paragraph 267 of the judgment the court asserted: 

“to my mind the thought of a public health crisis occasioned by an unstemmed deluge of new HIV cases is a real and serious concern which reasonably justifies a public health response of the kind embedded in the challenged provisions”.

In fact, studies show that these laws have negative health outcomes. A punitive legal environment, including criminalisation of same sex relationships, drives people underground and away from vital health services, including HIV prevention, testing, treatment, and care. To achieve the goal of ending AIDS as a public health threat by 2030, it is vital to ensure that everyone has equal access to essential services without fear, stigma or discrimination.

UNAIDS has estimated that not achieving decriminalization of key populations in all countries would result in about 750 000 cumulative new HIV infections from 2020 to 2030.

The decision made in the High Court of St. Vincent and the Grenadines stands in stark contrast to the rulings in Belize, Guyana, Trinidad and Tobago, Antigua and Barbuda, St. Kitts and Nevis and Barbados where the courts ruled that laws which criminalise persons based on sexual orientation and gender identity violate the protected rights to dignity, privacy, personal liberty, freedom of conscience, freedom of expression and protection from discrimination.

Regardless of the outcome of this court decision, UNAIDS holds hope that the courts will serve as a vital last resort for social justice, the protection of human rights and the advancement of public health for improved health and wellbeing for all. UNAIDS work to end AIDS and to leave no one behind will continue in partnership with communities and with all branches of government, including the courts.

Punitive laws obstruct the end of AIDS and ultimately hurt everyone’s health. As we prepare for observance of the tenth anniversary of Zero Discrimination Day on March 1^st, 2024, we pay tribute to the courage of communities, and call on all duty bearers to protect the health of all by protecting the human rights for all.

NOTE FOR THE EDITORS:

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals.

ZERO DISCRIMINATION DAY

March 1^st this year is the tenth anniversary of Zero Discrimination Day. Upholding everyone’s rights is the responsibility of us all. Everyone can play a part in ending discrimination. On 1 March, and across the whole month of March, events, activities and messages will remind the world of this vital lesson and call to action: to protect everyone’s health, protect everyone’s rights. #ZeroDiscrimination

Responding to the passage of the Human Sexual Rights and Ghanaian Family Values Bill in Ghana’s parliament, UNAIDS Executive Director Winnie Byanyima said:

“The Human Sexual rights and Ghanaian Family Values Bill, a private member’s bill passed by parliament, has not yet become a law in Ghana. 

If the bill does become a law, it will affect everyone. 

Ghana is respected as a stable country where the rule of law prevails, a member of the Human Rights Council, and a global leader in fighting inequality. African values and principles of Ubuntu, dignity, non-discrimination, equality, empathy, protection from violence and care for each other shaped Ghana’s independence struggles, and have continued to be at the heart of Ghana’s society and constitutional democracy. Approaches rooted in inclusion of all people have been crucial to Ghana’s progress in the HIV response. To achieve the goal of ending AIDS as a public health threat by 2030, it is vital to ensure that everyone has equal access to essential services without fear, stigma or discrimination, and that providers of life-saving HIV prevention, testing, treatment and care services are supported in their work.  

If Human Sexual rights and Ghanaian Family Values Bill becomes a law, it will exacerbate fear and hatred, could incite violence against fellow Ghanaian citizens, and will negatively impact on free speech, freedom of movement and freedom of association.

If it becomes law, it will obstruct access to life-saving services, undercut social protection, and jeopardize Ghana’s development success.

Evidence shows that punitive laws like this Bill are a barrier to ending AIDS, and ultimately undermine everyone’s health.”

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

OSLO/GENEVA, 1 February 2024—At a conference hosted in Oslo by the Norwegian Agency for Development Cooperation (Norad), UNAIDS Executive Director, Winnie Byanyima, has made an impassioned call to all international partners to support women and girls from marginalized communities at the frontlines of the defence of human rights. Only by ensuring that the rights of everyone are protected can the world ensure that the health of everyone is protected, and that the Sustainable Development Goals are achieved.

In her keynote speech at the Rights and Resistance conference Ms Byanyima said, “We cannot separate sustainable development from human rights. We must put human rights at the centre of our development efforts. The AIDS movement, of which I am proud to be part, has been resolute in this. We have demonstrated how patriarchal, racist, and homophobic laws, policies, practices and norms undermine health and hurt everyone.”

She said that progress was in peril from a backlash on human rights but that hard-won gains could be protected and expanded by doing three things:

• Deepening our understanding of the pushback on human rights and democracy
• Bringing our efforts together and connecting the dots to link the struggles, thinking long term and being bold
• Backing and resourcing the people most impacted by the attacks on rights—foremost by supporting women and girls from the poorest and most marginalized communities

In her speech, Ms Byanyima underlined some of the gains made by human rights defenders in recent years through the leadership of women and girls and LGBTQ communities.

• 50 million more girls are in school than were in 2015
• Whereas a few decades ago, two-thirds of countries criminalised same-sex relationships, today two-thirds of countries do not criminalise them.

Opening the conference, Norway’s International Development Minister, Anne Beathe Tvinnereim, said, “We have an obligation to back those who risk their lives fighting for values that we take for granted. Norway will continue aiding those actors on the ground who stress the universality of human rights. We will support free and independent media, including at the local level. Finally, all Norwegian development aid shall be rights-based."

Human rights violations continue to drive the HIV epidemic among women and girls. Every week, 4000 adolescent girls and young women aged 15—24 became infected with HIV globally in 2022. 3100 of these infections occurred in sub-Saharah Africa.

Upholding the rights of marginalized communities is vital for enabling success in the HIV response. When marginalized communities are criminalized or stigmatized, their vulnerability to HIV infection increases, and their access to HIV prevention, treatment, care, and support services is obstructed. UNAIDS research shows that the decriminalization of same-sex relationships is a crucial step in ending the AIDS pandemic.

UNAIDS is highlighting that the recent, well-coordinated and well-funded global pushback against women’s rights, against the human rights of LGBTQ people, against sexual and reproductive health and rights, against democracy and against civic space is not only a threat to everyone’s freedom, it is a threat to everyone’s health. In response to this threat, the AIDS movement and its allies are pushing back against the pushback, reminding world leaders of their commitments to uphold all human rights for all people.

UNAIDS is supporting frontline human rights defenders in both crisis response and in the longer-term work and is helping to expand support for human rights by demonstrating that laws, policies and practices which uphold human rights help countries to ensure public health and to get on track to end AIDS.

The UNAIDS Executive Director expressed confidence that the advancement of rights can be won. “Progress is not automatic. But if we are courageous and united, progress is possible,” said Ms Byanyima.

The full version of Ms. Byanyima’s speech (delivered at 12:50 CET February 1) can be viewed here.

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

In an important decision of the Plenum of the Supreme Court on December 26, 2023, Tajikistan has marked a significant step towards decriminalization of HIV exposure and transmission in its pursuit of justice for people living with or affected by HIV.  

HARARE/GENEVA, 8 December 2023—The Executive Director of UNAIDS, Winnie Byanyima has been recognized as the ‘Most Outspoken Ally of the Year’ by Global Black Gay Men Connect for her extensive work advocating for the rights and well-being of marginalized communities. The announcement was made at the African Men Health and Rights award ceremony which took place today during the 22^nd International Conference on AIDS and STIs.

“I am deeply honoured, and I accept this award on behalf of all the human rights and social justice warriors tackling inequalities around the world today,” said Ms Byanyima. “I will continue to be your outspoken ally, promoting inclusivity, fighting stigma and discrimination, and championing equal access to healthcare and human rights for all.”

“Your tireless advocacy for the rights and well-being of marginalized communities, including the LGBTQ+ community, has not gone unnoticed, said Michael Ighodaro, Co-founder, Global Black Gay Men Connect. “Your dedication is truly commendable. Your voice has been an unwavering source of support and inspiration for countless individuals and organizations across the globe.

Gay men and other men who have sex with men continue to be stigmatized and marginalized, keeping them away from health and social services and rendering them more at risk of becoming infected with HIV and less likely to seek treatment. In 2022, HIV prevalence amongst gay men and other men who have sex with men was almost 13% in Eastern and Southern Africa and 8% in West and Central Africa.

Today 67 countries still criminalize same sex relations. Evidence shows that criminalizing LGBTQI people for who they are and who they love prevents them from accessing HIV services. Even when they can access those services, they cannot do so with dignity due to the stigma and discrimination they face, which further exacerbates their vulnerability.

Countries that do not criminalize LGBTQI people are more likely to reach marginalized communities most affected by HIV. In recent years many African countries have moved away from the archaic laws that criminalize same sex sexual relations. Since 2016, Angola, Botswana, Gabon, Mauritius, and Seychelles have repealed laws criminalizing LGBTQI people. Progress has been uneven however, and alarming backsliding on punitive laws has been seen in a number of countries.

“Movements like Global Black Gay Men Connect is on the frontlines of the HIV response around the world. We must safeguard their leadership role to end AIDS and create a more just and equitable world.” said Ms Byanyima.

GLOBAL BLACK GAY MEN CONNECT

Global Black Gay Men Connect is an international, social justice platform that brings together black gay men from around the world to foster resilience against oppression and to advocate for the human rights and wellbeing of marginalized communities, including human rights centered HIV prevention and treatment services.

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

UNAIDS statement on the 75^th anniversary of the Universal Declaration of Human Rights

On the 75^th anniversary of the Universal Declaration of Human Rights, UNAIDS emphasizes that the upholding of everyone’s human rights is the essential underpinning of an effective HIV response.

UNAIDS reaffirms its commitment to keep human rights at the centre of its approach to ending the AIDS pandemic.

UNAIDS calls on all governments to uphold human rights, including by removing laws which harm people’s rights and by bringing in laws which uphold the rights of every person, including people in marginalized communities.

With human rights at the centre, with communities in the lead, the world can end AIDS as a public health threat by 2030, a goal agreed to by world leaders in 2015. While the world has made great progress towards this goal, this progress has not been enjoyed by everyone. The end of AIDS is a goal that can only be achieved through ensuring everyone’s human rights. 

It is more important now, than ever, that the world works in a coordinated, sustained, and effective manner to achieve human rights for all. The gains made in human rights in the last 75 years will be lost if leaders do not stand up to the global anti-rights movement.  Attacks on women’s rights, the rights of LGBTQ people, sexual and reproductive health and rights, on democracy and on civic space are not only a threat to everyone’s freedom, they are a threat to everyone’s health.

To help protect the gains made on human rights in the last 75 years, and to keep the world on the path to end AIDS by 2030, UNAIDS pledges: 

1. To scale up its work with countries and communities to help remove discriminatory laws that prevent people from enjoying their right to health;
2. To expand its work to end inequalities in the HIV response by working further to reduce all forms of HIV-related stigma and discrimination;
3. To be a strong advocate for the protection and promotion of the human rights of the world’s most marginalized people and to counter the global anti-rights movement;
4. To work towards ending all forms of gender-based violence, one of the most persistent and egregious of human rights violations;
5. To support the leadership of people living with or affected by HIV – including adolescents, young people and women in all their diversity, gay men and other men who have sex with men, transgender people, sex workers, and people who use drugs – to meaningfully participate in the HIV response and decisions that affect their lives.  

The path that ends AIDS is a rights path. To protect everyone’s health, protect everyone’s human rights.

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.