Human rights

GENEVA, 10 December 2022—On International Human Rights Day, UNAIDS is highlighting that the AIDS pandemic will only be ended if the human rights of all people are fully respected.

UNAIDS is emphasising the need for law and policy reform to ensure the human rights of people living with HIV, women and girls, and all marginalised populations, including gay men and other men who have sex with men, transgender people, people who use drugs, and sex workers.

“It’s clear that when communities of people suffer from human rights violations, the response to HIV is undermined,” said UNAIDS Executive Director, Winnie Byanyima.

Multiple and intersecting inequalities that drive the HIV pandemic are exacerbated by, and exacerbate, human rights violations. A UNAIDS report released ahead of World AIDS Day, Dangerous Inequalities, revealed how human rights violations hamper the AIDS response.

Stigma and discrimination, criminalization and marginalization are driving new infections among key populations by blocking access to HIV prevention, treatment and care services. Around the world, 68 countries still criminalize same sex relationships, which prevents tailored service outreach to communities most affected by the pandemic and deters people from visiting public health facilities. In sub-Saharan Africa, studies have shown that in countries where they are criminalised, HIV prevalence is many times higher among gay men and other men who have sex with men and sex workers, compared to countries where they are not. In 2021, 70% of all new HIV infections worldwide were among key populations and their sexual partners.

UNAIDS supports the Global Network of People Living with HIV (GNP+) in its #NotACriminal campaign against the dehumanising and denigrating impact of laws that criminalise identities and health status. During its World AIDS Day campaign this year, UNAIDS has been urging countries to challenge the inequalities driving the AIDS pandemic by equalizing access to HIV services.

In 2021, a young woman or girl aged 15—24 years old acquired HIV every two minutes. In sub-Saharan Africa, this group is three times more likely to acquire HIV than adolescent boys and young men of the same age group. These inequalities are not inevitable. Enabling girls to complete secondary education dramatically reduces their vulnerability to HIV, and when countries take measures to tackle gender-based violence and secure access to key services, their risk of HIV infection further decreases.

“Respect for the human rights of all people is key to overcoming the AIDS pandemic,” said 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.

The 2020 Kazakhstan Code on Public Health and Health Care System guaranteed the right of people living with HIV to adopt children. However, certain bylaw regulations remained that created barriers for people living with HIV to enjoy the right to adopt children. On 1 December 2022, the day the world commemorated World AIDS Day, the Ministry of Health removed this remaining barrier.

UNADS welcomes this progressive action as reaffirmation of Kazakhstan’s continuing commitment to eliminate stigma and discrimination against people living with and affected by HIV.

UNAIDS Country Director in Kazakhstan Gabriela IONASCU said, “Living with HIV is no longer seen as an impediment to adopting and raising children. By excluding HIV from the list of diseases that prevent people from adopting children or becoming guardians or foster parents, Kazakhstan is taking bold steps to advance in the right direction: ensuring human rights for all, including for people living with HIV.”

It furthermore underlines Kazakhstan’s commitment to guaranteeing human rights for all leaving no one behind, including activities under the framework of the Global Partnership for Action to Eliminate All Forms of HIV-Related Stigma and Discrimination which the Republic of Kazakhstan joined in 2021 among 30 other pilot countries.

“Similar changes in legislation were made in other eastern European and central Asian countries, including the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, and Ukraine. UNAIDS reaffirms its commitment to provide technical assistance and expert support to advance progress to end AIDS in Kazakhstan and support all people living with and affected by HIV across the region,” said Eamonn Murphy, UNAIDS Deputy Executive Director and Regional Director for Eastern Europe and Central Asia

Note: The decree of the Ministry of Health of The Republic of Kazakhstan

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.

Responding to the decision of South Africa's Cabinet to propose a Bill that will repeal criminalisation of sex work, UNAIDS Country Director Eva Kiwango said:

"The evidence is clear: Criminalisation has been proven to have increased the risks faced by South Africa's sex workers, hurt their health and safety, and obstructed South Africa's HIV response.

UNAIDS welcomes South Africa's Cabinet's proposal to repeal criminalisation and to protect sex workers against abuse and exploitation.

Criminalisation has impeded South African sex workers' access to vital health-care services, including effective HIV prevention, treatment, care and support services.

To end AIDS, we need to repeal the harmful punitive laws which are perpetuating the pandemic. To save lives, decriminalise."

Note: The statement by South Africa's Cabinet on their agreement to propose repeal of criminalisation is published at https://www.gov.za/speeches/statement-cabinet-meeting-30-november-2022-1-dec-2022-0000 under "Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022". The Bill will now be published for public comment.

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.

Responding to the scrapping of the colonial era law which had criminalised gay men, UNAIDS Regional Director for Asia and the Pacific region Taoufik Bakkali said:

“Everyone benefits from decriminalisation. The end of the criminalisation will save lives.

In all countries which have criminalised gay men, it has had the consequence of obstructing access to vital services. Laws which punish consensual same sex relations, as well as contravening the human rights of LGBT people, are a major barrier to improving health outcomes, including in the HIV response. Punitive legislation embeds stigma and discrimination against LGBT people, and  deters LGBT people from seeking healthcare for fear of being denounced to the authorities and facing punishment and detention.

The international momentum to scrap colonial punitive laws will inspire other countries to follow. The evidence is clear: if we are to protect the health of everyone, such harmful laws have no future."

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.

Responding to the decision of the Russian Duma to pass a further extension of the so-called “LGBTQ propaganda law”, UNAIDS Executive Director Winnie Byanyima reiterated her deep concern about the damaging consequences of such laws for public health.

“In addition to violating the rights of people to autonomy, dignity and equality, and harming the security and general wellbeing of LGBTQ individuals, this decision will seriously hurt public health. It will undermine Russia’s efforts to end AIDS by 2030. Punitive and restrictive laws increase the risk of acquiring HIV and decrease access to services, reduce the ability of service providers, including peer networks, to provide critical sexual and reproductive health information and services, and increase stigma related to sexual orientation. Such laws make it harder for people to protect their health and that of their communities. We urge the repeal of this harmful law.”

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, 29 October 2022—Responding to the statement by the Russian government that it intends to extend the so-called “LGBTQ propaganda” law, UNAIDS Executive Director Winnie Byanyima has joined with UN High Commissioner for Human Rights in expressing deep concern.

“Extension of this law,” said Ms Byanyima, “is a further violation of the rights of people to autonomy, dignity and equality. Not only will it harm the security and general wellbeing of LGBTQ individuals, it will have a serious negative impact on people’s health outcomes. The evidence is clear that punitive and restrictive laws, including those restricting free speech, increase the risk of acquiring HIV and decrease access to services. Such laws reduce the ability of service providers, including peer networks, to provide critical sexual and reproductive health information and services, and increase stigma related to sexual orientation, making it harder for people to protect their health and that of their communities. This will undermine Russia’s efforts to end AIDS by 2030. Our call to the Parliament and Government of Russia is to withdraw these harmful proposals and indeed to repeal the existing law. Stigmatising approaches damage public health, perpetuate pandemics and hurt everyone. Social solidarity, inclusion and protecting every person’s human rights are key to ending AIDS and ensuring health for all.”

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.

Despite decades of advances in prevention and treatment, stigma and discrimination towards people living with HIV and key populations are a persistent barrier to addressing the epidemic. To encourage innovative approaches to address HIV-related stigma and discrimination in the region, UNAIDS has launched a new tool: the HIV-Related Stigma and Discrimination Community of Practice: Asia and Pacific Region.

HIV-related stigma and discrimination significantly impacts the health, lives and well-being of people living with or at risk of HIV, especially key populations. The Global AIDS Strategy 2021-2026 has prioritized the realization of human rights and elimination of stigma and discrimination by including new global targets that UN Member States have committed to as part of the 2021 Political Declaration. Yet, people living with HIV and key populations continue to face unfair treatment, rejection, abuse and even violence in various settings, including in their communities, healthcare, workplace, justice and education systems.

In Asia and the Pacific, which is the world’s most populous region, there were 6 million people living with HIV in 2021 and 86% of people living with HIV knew their status. Furthermore, amongst young people almost all new HIV infections are among key populations (gay men and other men who have sex with men, transgender people, sex workers, people who use drugs) and their sex partners who face many barriers in accessing HIV prevention and treatment services.

The online community of practice platform will capture and disseminate knowledge, experiences and innovative ideas and approaches to inform programming to reduce stigma and discrimination across the region.

“Relevant stakeholders working in the HIV response in Asia and the Pacific region are welcome to join the interactive platform and engage on the issues,” said Taoufik Bakkali, UNAIDS Regional Director for Asia and the Pacific. “Academics and researchers, communities of people living with or affected by HIV and of key populations, representatives of government ministries and other relevant government agencies, and civil society groups working on the HIV response are all encouraged to join and shape the conversation.”

The initiative is expected to foster south-south stakeholder dialogue and collaboration on interdisciplinary initiatives on programme design and implementation, the development and knowledge management of HIV-related stigma and discrimination and the creation of opportunities for peer learning and exchange of good practices and lessons learned.

“This platform provides an opportunity for all stakeholders to engage and shape responses to HIV-related stigma and discrimination while engaging communities in the process,” noted Harry Prabowo, the APN+ Program Manager. “This is an opportunity to link the science and evidence to innovative programming.”

GENEVA, 30 August 2022—UNAIDS welcomes a St. Kitts and Nevis High Court ruling that laws criminalizing gay sex are unconstitutional, meaning that they are immediately struck from the legal code. The Court upheld the plaintiffs’ claim that Sections 56 and 57 of the Offences Against the Person Act violated the right to privacy and freedom of expression.

“This landmark ruling is an important step forward in ensuring equality and dignity for the lesbian, gay, bisexual and transgender community in St. Kitts and Nevis and the whole Caribbean,” said Luisa Cabal, UNAIDS Regional Director for Latin America and the Caribbean. “Today, St. Kitts and Nevis joins a growing list of Caribbean nations that have overturned these colonial-era laws that deny people’s human rights and hold back the response to the HIV pandemic. Everyone benefits from decriminalisation.”

Laws that punish consensual same sex relations, in addition to contravening the human rights of LGBT people, are a significant obstacle to improving health outcomes, including in the HIV response. Such laws help to sustain stigma and discrimination against LGBT people and are barriers to LGBT people seeking and receiving healthcare for fear of being punished or detained. Decriminalisation saves and changes lives.

The claim against the government of St. Kitts and Nevis was brought by a citizen, Jamal Jeffers, and the St. Kitts and Nevis Alliance for Equality, with the support of the Eastern Caribbean Alliance for Diversity and Equality. The ruling by the High Court follows a similar High Court decision for Antigua and Barbuda in July. Courts in Belize and Trinidad and Tobago have also repealed sections of their legal codes that criminalized same-sex sexual relations.

There remain seven countries in the Caribbean that criminalize gay sex between consenting adults, all of them former British colonies. They are Barbados, Dominica, Grenada, Guyana, Jamaica, St. Lucia, and St. Vincent and the Grenadines.

“Caribbean civil society is determined, and Caribbean courts are clear. The clock is ticking on these damaging colonial laws,” said Luisa Cabal. “Countries that have still not taken these laws off the books need to do so as a matter of urgency, for the health and human rights of all their people.”

The Court ruling reduces to 68 the number of countries worldwide criminalizing same-sex sexual relations. Earlier this month, Singapore announced that it is repealing legislation that punished gay sex by a prison sentence of up to two years.

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, 22 August 2022—UNAIDS applauds Singapore’s announcement that it will repeal section 377a of the country’s penal code which criminalizes consensual sexual relations between men. The law, which dates back to 1938 when Singapore was under British colonial rule, punishes gay consensual sex by a prison sentence of up to two years.

In his annual policy address speech that included plans to repeal the legislation, Singapore’s Prime Minister, Lee Hsien Loong, said sex between consenting men should not be criminalized and that there was no justification to prosecute people for it, nor to make it a crime. He said that gay people were fellow Singaporeans and that they wanted to live their own lives, participate in the community and contribute fully to Singapore.

“The end of the criminalisation of gay men is wonderful news, both for the lesbian, gay, bisexual and transgender community in Singapore, and for the country as a whole,” said Taoufik Bakkali, UNAIDS Regional Director for Asia and the Pacific region. “UNAIDS welcomes this as a significant step towards respecting the human rights of LGBT people in Singapore and creating a more open, tolerant and inclusive society where people can be who they are and love who they want without fear of being imprisoned. This vital change will save lives and benefit everyone, and will inspire other countries to follow. Other countries should join the growing group of nations who have turned away from criminalisation.”

Laws which punish consensual same sex relations, as well as contravening the human rights of LGBT people, are a major barrier to improving health outcomes, including in the HIV response. Punitive legislation embeds stigma and discrimination against LGBT people, deters LGBT people from seeking healthcare for fear of being denounced to the authorities and facing punishment and detention, and prevents countries from putting policies in place that properly respond to differentiated epidemics among their populations.

Singapore joins a growing list of countries that have recently decriminalized same-sex relations, including Antigua and Barbuda, Botswana, Bhutan and Angola. The change in Singapore will at last reduce the number of countries in which consensual same-sex relations are still criminalized to below 70 countries worldwide. Decriminalisation is not the end point in tackling stigma and exclusion, but is a vital step forward.

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.