Human rights

UNAIDS calls on Hungary to respect the rights of transgender people

08 May 2020

GENEVA, 8 May 2020—Both international and European human rights bodies have affirmed the right of people to legally change their gender and name to match their gender identity, recognizing that the right is fundamental to the enjoyment of many other rights. UNAIDS is therefore concerned that the Government of Hungary is proposing to remove the right of the people of Hungary to legally change their gender on legal documents.

The 2016 United Nations General Assembly High-Level Political Declaration on Ending AIDS recognizes that such legislative discrimination can create barriers to people’s health and well-being, barriers that governments have committed to removing. The proposed change to the Hungarian Registry Act would replace the term “sex/gender” with the term “birth sex”, defined as “biological sex based on primary sex characteristics and chromosomes”, and will not allow changes to “birth sex” once recorded. A step such as this has the potential to cause serious harm.

UNAIDS is also concerned that the proposed changes are being made using emergency powers at a time where communities are unable to effectively protest against the proposed legislation or participate in public discussions on it, thus circumventing proper democratic processes and the right to political participation. Especially during the COVID-19 pandemic, the focus should be on removing barriers to health care, not building them.

“All countries have an obligation to empower people to be recognized for who they are, without discrimination or stigma. I encourage all countries to continue to ensure that people are able to legally change their gender and name,” said Winnie Byanyima, UNAIDS Executive Director.

Stigma and discrimination, including discriminatory laws, against transgender people has been shown to increase violence, abuse and harassment against transgender people and to cause significant harm to their physical and mental health and well-being, their inclusion in society and their ability to access work and education. Transgender people are 12 times more at risk of acquiring HIV than other people and are being left behind in their access to HIV testing, treatment and care services. Evidence shows that where people are able to legally change their gender and name, they experience less discrimination, violence and stigma and have greater inclusion in society.

UNAIDS recommends that countries provide for legal gender recognition, with clear processes and requirements that are in line with international human rights obligations.

“This proposed step from the government traumatizes the transgender, gender diverse and intersex community. It puts people at risk of stigma, discrimination, abuse, harassment and violence for who they are,” said Barnabás Hidasi, of the Transvanilla Transgender Association.

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.

Contact

UNAIDS Geneva
Sophie Barton-Knott
tel. +41 79 514 68 96
bartonknotts@unaids.org

Contact

UNAIDS Media
tel. +41 22 791 4237
communications@unaids.org

UNAIDS and MPact are extremely concerned about reports that LGBTI people are being blamed and abused during the COVID-19 outbreak

27 April 2020

UNAIDS and MPact call on governments and partners to protect, support and respect the human rights of LGBTI people during the response to COVID-19

GENEVA, 27 April 2020—UNAIDS and MPact Global Action for Gay Men’s Health and Rights are extremely concerned that lesbian, gay, bisexual, transgender and intersex (LGBTI) people are being singled out, blamed, abused, incarcerated and stigmatized as vectors of disease during the COVID-19 pandemic. UNAIDS and MPact are also deeply troubled that this discriminatory action is compounding the challenges that LGBTI people already face in accessing their rights, including safe and quality health services.

“HIV has taught us that violence, bullying and discrimination only serve to further marginalize the people most in need,” said Winnie Byanyima, Executive Director of UNAIDS. “All people, regardless of their sexual orientation, gender identity or gender expression, are entitled to the right to health, safety and security, without exception. Respect and dignity are needed now more than ever before.”

In Belize, reports have detailed abuse by the police of a gay man who was arrested, humiliated and beaten for breaking a curfew imposed to curb the spread of the coronavirus. The 25-year-old was living with HIV and is believed to have died as a result of complications sustained from injuries inflicted by the police.

“We are receiving reports that government and religious leaders in some countries are making false claims and releasing misinformation about COVID-19 that has incited violence and discrimination against LGBTI people,” said George Ayala, Executive Director of MPact. “Organizations and homes are being raided, LGBTI people are being beaten, and there has been an increase in arrests and threatened deportation of LGBTI asylum seekers.”

In Uganda, 20 LGBTI people were recently arrested in a raid on a shelter, which police authorities claimed was due to their disobeying social distancing procedures. In the Philippines, three LGBTI people were among a group who were publicly humiliated as punishment for breaking the curfew. After segments of the incident went viral online, the police captain was forced to apologize for singling out the LGBTI group members and asking them to dance and kiss each other.

“There is also growing concern over privacy and confidentiality in the way governments are using Internet-based technologies and smartphones to monitor people’s movements during lockdowns or curfews,” Mr Ayala added. “Gay men and gender non-conforming people are often the first targets and among the most impacted by increased policing and surveillance efforts.” 

For some LGBTI people, self-isolation and physical distancing can be particularly challenging, even dangerous. Many LGBTI people face violence and/or ill-treatment while sheltering in homes with unaccepting family members. LGBTI people may also suffer from intimate partner violence while staying at home, without the ability to report cases of abuse to the police owing to fear of repercussions. Isolation can also exacerbate pre-existing mental health challenges, common among LGBTI people, including loneliness, depression, anxiety and suicidal ideation.

The COVID-19 pandemic leaves many gay men and transgender women without adequate tools for taking control of their sexual health and rights. Gay men account for nearly 20% of all new HIV infections and are 22 times more likely to become infected with HIV than other men. Transgender women shoulder a risk of acquiring HIV that is 12 times higher than the general population.

Stay at home orders, especially when implemented without flexibilities, compound the difficulties these groups already experience in accessing antiretroviral therapy and HIV prevention and gender-affirming services, including hormone therapies. This is especially true for LGBTI people who are poor, unemployed, homeless or marginally housed.

UNAIDS and MPact are urging countries to:

  • Denounce misinformation that scapegoats, slanders or otherwise blames LGBTI people for the spread of COVID-19.
  • Stop raids on LGBTI-led organizations, shelters and spaces and desist from arresting people based on their sexual orientation, gender identity or gender expression.
  • Ensure that all measures to protect public health are proportionate, evidence-informed and respect human rights.
  • Prevent the use of state surveillance on LGBTI people’s personal communication technologies.
  • Invest in the COVID-19 response, while safeguarding funds and HIV/sexual health programmes that are inclusive and sensitive to the needs of LGBTI people.
  • Safeguard continued access to life-saving medical support, including harm reduction, condoms and lubricant, preexposure prophylaxis, antiretroviral therapy, hormone replacement therapies and mental health services for LGBTI people.
  • Provide flexible service delivery options, from multimonth dispensing to community delivery and virtual consultation and support options.
  • Consider designating community-led service organizations as essential service providers so that they can provide flexible, safe delivery of key services.
  • Include LGBTI people in national social protection schemes, including income support.
  • Increase access to appropriate emergency and safe housing for homeless and recently evicted LGBTI people.
  • Engage LGBTI people in public health planning and messaging around COVID-19.
  • Implement safety monitoring and hacking mitigation during virtual meetings.

Now more than ever, we must stand together to protect and promote the health and human rights of LGBTI people worldwide.

 

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.

MPact

MPact Global Action for Gay Men’s Health and Rights was founded in 2006 by a group of activists concerned about HIV-related disparities as well as stigma discrimination, violence, and criminalization experienced by gay men and other men who have sex with men in all parts of the world. MPact is now an established international advocacy network dedicated to ensuring equitable access to HIV services to all gay men, while promoting health and human rights. Directly linked with nearly 150 community-led organizations across 62 countries and thousands of other advocates through its various social media platforms. MPact accomplishes its mission by: watchdogging governments, funders, and other decision makers; strengthening capacities of community-led organizations and healthcare providers; supporting the proliferation of networks led by gay men; conducting and commissioning research; and facilitating inter-regional information exchange.

Contact

UNAIDS Geneva
Sophie Barton-Knott
tel. +41 79 514 68 96
bartonknotts@unaids.org

Contact

MPact, Oakland, USA
Greg Tartaglione
gtartaglione@mpactglobal.org

Rights in the time of COVID-19

A tribute to Maeve Kennedy Townsend McKean

09 April 2020

In the 15 years since I went public with my diagnosis of HIV, it remains daunting to stand in front of a new audience and share my story. Though I expect them, I have never quite gotten used to the disbelief and shock I see in people’s eyes, the jaws gone slack, the overwhelming empathy. Because we have come such a long way in the journey against HIV, my story now is a happy one, meant to inspire people to know more, do more, support more so we can reach all those who still need access to prevention, testing, treatment. I do what I do because I hope others will feel more comfortable getting tested and treated for HIV if they see someone who has been healed, who is still embraced by their family, friends, colleagues and community.

And yet, while I have done it many times, and it’s a story with a positive bent, each time I share it publicly my heart pounds and my mouth runs dry. Early in my days of disclosure, a friend suggested I look for a smiling face in the crowd, someone who looked strong and positive, so I could absorb their energy and stay calm and upbeat even as I was full of fear.

Recently, the Atlantic invited me to a talk for World AIDS Day in Washington, DC, and I was particularly nervous. Having been at UNAIDS for nearly six years at the time, I was out of practice having my personal journey with HIV be the focus of my work. I knew a lot of people in the audience, professionally, but not personally. As I took the stage, I found myself shaking. I sat down, straightened the creases in my pants and scanned the room hoping for an encouraging looking face.

And then I saw Maeve. She smiled that radiant, confident smile that could say so many different things, as needed, in any moment. She seemed to understand that this was different, that it was personal, and that I was afraid. She nodded. And just like that, I was fine. I took a deep breath and told a room full of strangers and professional colleagues about what it’s like to live with HIV, to face the fear of death, the stigma, the treatment, the guilt that you have survived and others have not.

These last days, mourning her loss, I remembered a conversation I had with Maeve about the idea of survivor guilt. She pointed out that those of us who work daily to protect and extend the lives of others shouldn’t feel guilty, but rather, responsible—it was an idea that came from the AIDS community. I loved that idea. Survivor guilt became survivor responsibility to me because of Maeve.

Maeve’s amazing contributions to social justice, to global health, to policies that made people’s lives safer, longer, happier and healthier are multitudinous. A public health and human rights lawyer, Maeve’s deep commitment to immigrants, refugees, women and children, including issues of violence, and rights for lesbian, gay, bisexual, transgender and intersex people, was rarely matched. She inspired so many of us and served as a role model in myriad ways. Many words have been said about her contributions by many who knew her longer or better than I did. But perhaps because I knew her less well, and yet felt that she was there deeply, personally, profoundly for me when she could sense I needed it, several times, I can uniquely appreciate some of Maeve’s finest qualities. She had an almost extrasensory perception of what was needed, especially in delicate moments. She shared her strength, her courage, and in doing so, made difficult things seem possible, doable.

From Capitol Hill in the United States of America, where she worked for Senator Dianne Feinstein, to the Peace Corps in Mozambique, where she was a volunteer, to the United States Department of Health and Human Services and the United States President’s Emergency Plan for AIDS Relief, where she served in various roles for President Barack Obama, Maeve’s ability to advance social justice was remarkable. Her lifelong commitment to public service was infused with her effervescent spirit, her indefatigable energy and that famous smile, capable of lighting up a whole room and lifting your heart.

It is difficult to describe the loss one feels when someone like Maeve leaves us. The world hardly makes sense. Why would someone so talented, so helpful, so selfless, so beautiful in every sense be taken so early? It raises all kinds of existential questions. And creates a new type of survivor guilt in those of us who were not taken instead. But remembering that conversation I had with Maeve and, in her honour, instead of being sad, I will recommit myself to the work with an even deeper sense of responsibility to carry on, to continue to try to extend the kinds of elemental forces for good she so often instigated.

A granddaughter of the late Senator Robert F. Kennedy and grandniece of former President John F. Kennedy, Maeve embodied the best qualities of a global humanitarian. The effects of her efforts will be felt for generations to come. It will take many of us working together to fill the gaps left by Maeve. But she lives on through and in us. I know I, for one, whenever I think something is too hard, or too daunting, will conjure her smile, see her nod and simply get on with it, as I know she would do.

Maeve worked with many UNAIDS colleagues over the last decade and was a strong ally of the organization. UNAIDS deeply mourns her loss and the whole of its global staff extend our heartfelt condolences to her family.

 

Regan Hofmann, Director, a.i., United States Liaison Office, UNAIDS

UNAIDS condemns misuse and abuse of emergency powers to target marginalized and vulnerable populations

09 April 2020

GENEVA, 9 April 2020—UNAIDS is deeply concerned by reports that the COVID-19 epidemic is being used as an excuse to target marginalized and vulnerable populations, restrict civil society space and increase police powers. In particular, UNAIDS is extremely concerned by reports of new laws that restrict rights and freedoms and target criminalized groups in a manner that will harm the rights and health of people living with or vulnerable to HIV.

“In times of crisis, emergency powers and agility are crucial; however, they cannot come at the cost of the rights of the most vulnerable,” said Winnie Byanyima, Executive Director of UNAIDS. “Checks and balances that are the cornerstone of the rule of law must be exercised in order to prevent misuse of such powers. If not, we may see a reversal of much of the progress made in human rights, the right to health and the AIDS response.”

Experience from past and present epidemics shows clearly that an effective response to health crises such as COVID-19 must be deeply rooted in trust, human solidarity and unwavering respect for human rights. However, reports have recently emerged that some countries are using emergency powers or public health justifications to restrict rights related to personal autonomy, gender identity, freedom of speech and sexual and reproductive health and rights. There have also been concerning reports of increases in criminal penalties in relation to HIV transmission, exposure and non-disclosure and the use of police powers to target, through arrests and brutality, vulnerable and criminalized groups, such as sex workers, people who use drugs, people living with HIV and lesbian, gay, bisexual, transgender and intersex (LGBTI) people.

In Hungary, a new bill has been introduced to remove the right of people to change their gender and name on official documents in order to ensure conformity with their gender identity, in clear breach of international human rights to legal recognition of gender identity.

In Poland, a fast-tracked amendment to the criminal law that increases the penalties for HIV exposure, non-disclosure and transmission to at least six months in prison and up to eight years in prison has been passed—a clear contravention of international human rights obligations to remove HIV-specific criminal laws.

UNAIDS is concerned by reports of countries resorting to the use of criminal law, such as the criminalization of the transmission of COVID-19, and arresting and detaining people for breaching restrictions. Our experience in the HIV epidemic is that criminalization of virus transmission leads to significant human rights violations, undermines the response and is not based on science. The ability to prove actual transmission from one person to another, as well as necessary intent, is almost impossible and fails to meet rule of law requirements for criminalization. Criminalization is often implemented against vulnerable and stigmatized communities. In Uganda, 23 people connected with a shelter for providing services for the LGBTI community have been arrested—19 have been charged with a negligent act likely to spread infection or disease. Those 19 are being held in prison without access to a court, legal representation or medication. 

UNAIDS is also concerned by reports from a number of countries of police brutality in enforcing measures, using physical violence and harassment and targeting marginalized groups, including sex workers, people who use drugs and people who are homeless. The use of criminal law and violence to enforce movement restrictions is disproportionate and not evidence-informed. Such tactics have been known to be implemented in a discriminatory manner and have a disproportionate effect on the most vulnerable: people who for whatever reason cannot stay at home, do not have a home or need to work for reasons of survival.

In Kenya, civil society organizations, prompted by concerns about actions being not consistent with a human-rights based epidemic response, released an advisory opinion calling for a human rights-based approach to be adopted in the COVID-19 response and have released a letter calling for a focus on community engagement and what works for prevention and treatment rather than disproportionate and coercive approaches.

While some rights may be limited during an emergency in order to protect public health and safety, such restrictions must be for a legitimate aim—in this case, to contain the COVID-19 pandemic. They must be proportionate to that aim, necessary, non-arbitrary, evidence-informed and lawful. Each order/law or action by law enforcement must also be reviewable by a court of law. Law enforcement powers must likewise be narrowly defined, proportionate and necessary.

UNAIDS urges all countries to ensure that any emergency laws and powers are limited to a reasonable period of time and renewable only through appropriate parliamentary and participatory processes. Strict limits on the use of police powers must be provided, along with independent oversight of police action and remedies through an accountability mechanism. Restrictions on rights relating to non-discrimination on the basis of HIV status, sexual and reproductive health, freedom of speech and gender identity detailed above do not assist with the COVID-19 response and are therefore not for a legitimate purpose. UNAIDS calls on countries to repeal any laws put in place that cannot be said to be for the legitimate aim of responding to or controlling the COVID-19 pandemic.

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.

Contact

UNAIDS Media
tel. +41 22 791 4237
communications@unaids.org

UNAIDS commends Portugal’s decision to grant temporary residency rights for immigrants and asylum seekers

02 April 2020

GENEVA, 2 April 2020—UNAIDS warmly welcomes the decision made by the Portuguese Government to grant temporary residency rights to all immigrants and asylum seekers who applied for residency in the country before 18 March 2020, when the state of emergency for COVID-19 was announced. These rights will give immigrants and asylum seekers access to social and health benefits, including access to the national health service, bank accounts and work and rental contracts, until at least 1 July 2020.

“UNAIDS is urging all countries to adopt a human rights-based approach in responding to COVID-19 that puts people at the centre and respects the rights and dignity of all,” said Winnie Byanyima, Executive Director of UNAIDS. “Portugal has demonstrated leadership and compassion by prioritizing these measures to protect the most vulnerable when responding to COVID-19.”

Migrants face the same health threats to COVID-19 as host populations and must be included to ensure an effective response that addresses both the health and socioeconomic impacts of the pandemic. Migrants and other key and vulnerable populations are often unable to access health and social services owing to fear of deportation, financial costs, legal constraints, language barriers, exclusion and fear of stigma and discrimination. Removing the barriers that prevent people from seeking medical and social care will improve broader public health outcomes, uphold the human rights of the most vulnerable and create a stronger, more effective and more equitable response to COVID-19.

Portugal has pioneered a human rights-based response to HIV since the outset of the epidemic, creating enabling legal environments, enacting progressive drug policies and making HIV treatment free for all, regardless of a person’s migration status. Portugal continues to lead today, driving community-based care models and promoting better integration of health-care services. 

To help guide governments, communities and other stakeholders in planning and implementing measures to contain COVID-19, UNAIDS has produced a new guidance document that draws on key lessons from the response to the HIV epidemic, Rights in the time of COVID-19: lessons from HIV for an effective, community-led response.

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.

Contact

UNAIDS Geneva
Sophie Barton-Knott
tel. +41 22 791 1697
bartonknotts@unaids.org

Contact

UNAIDS Media
tel. +41 22 791 4237
communications@unaids.org

UNAIDS calls for a human rights approach to the COVID-19 outbreak that puts communities at the centre

20 March 2020

GENEVA, 20 March 2020—UNAIDS is calling on countries to adopt a human rights-based approach in responding to the global outbreak of COVID-19 that puts communities at the centre and respects the rights and dignity of all. To help guide governments, communities and other stakeholders in planning and implementing measures to contain the pandemic, UNAIDS has produced a new guidance document that draws on key lessons from the response to the HIV epidemic: Rights in the time of COVID-19: lessons from HIV for an effective, community-led response.   

The new guidance from UNAIDS is grounded in international human rights law and obligations and makes it clear that responding to an epidemic is not a question of balancing public health and human rights but rather that a successful and effective response requires us to adhere to human rights principles. The guidance has been developed by a group of international experts from communities, the public health arena, academia and the United Nations.    

“Successful responses to global epidemics are always grounded in a respect for human rights and community leadership,” said Winnie Byanyima, UNAIDS Executive Director. “Countries that have made the biggest inroads in reducing the impact of HIV have done so by adopting approaches that empower communities to screen, test and seek treatment if necessary and to protect themselves and others from acquiring the virus.”

The guidance presents key lessons from the AIDS response that are crucial for an effective human rights-based approach to public health emergencies. They range from tackling stigma and discrimination faced by affected individuals and communities to prioritizing measures for reaching the most vulnerable, removing human rights barriers, establishing trust between communities and public health authorities and protecting critical frontline medical staff.

As the document recognizes, epidemics tend to expose and exacerbate existing inequalities in society, with their impact often felt most among marginalized and vulnerable groups of people. Financial and other barriers that prevent people from seeking medical help and advice when they need to must be removed, both for their own good and for improved broader public health outcomes.

The guidance also warns against blanket compulsory travel restrictions and criminal sanctions against people affected by epidemics such as COVID-19. Such measures tend to have a disproportionate effect on the most vulnerable and create more barriers to health. Restrictions that are imposed must respect human rights and be necessary, proportionate, evidence-informed and of limited duration. Empowering people to protect themselves and others through voluntary measures can have a greater effect.

“This is a serious and difficult situation for everyone,” said Ms Byanyima, “To come through, we must draw on our valuable experience from responding to other global epidemics, such as HIV: ground the response in human rights, engage communities and leave no one behind.”

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.

Contact

UNAIDS Geneva
Michael Hollingdale
tel. +41 22 791 5534
hollingdalem@unaids.org

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