BANGKOK, 15 April 2023—UNAIDS applauds today’s decision by Cook Islands lawmakers to remove laws prohibiting consensual sexual acts between men from the Crimes Act. By decriminalising sex between same-sex partners, the Pacific nation joins a global movement toward affirming the human rights to non-discrimination and privacy.

“Cook Islands’ latest move is part of a wave of global progress around removing laws that harm. It will inspire countries across the Pacific, Asia and the world to follow suit. Decriminalise, save lives," said UNAIDS Asia Pacific Regional Director, Eamonn Murphy.

Criminalisation of same-sex relations undermines the human rights of lesbian, gay, bisexual and transgender (LGBT) people. Punitive laws reinforce stigma and discrimination against LGBT people, undermining their access to the rights, remedies and opportunities available to other people. Such laws also obstruct access to vital services, including sexual and reproductive healthcare.

"This decision by Cook Islands will save lives,” said Mr Murphy. “The abolition of punitive and discriminatory colonial laws across the world is essential for public health, including for ensuring the end of AIDS.”

Bi-partisan support for the Crimes (Sexual Offences) Amendment Bill demonstrates that policy-makers, civil society and communities can dialogue to develop laws that create more just and equitable societies. 

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, 22 March 2023 —  Responding to the passing of the Anti-Homosexuality Bill by the Ugandan Parliament, UNAIDS has warned that, if the Bill is enacted into law, it will have extremely damaging consequences for public health, by curtailing the human rights of people living with HIV and some of the most vulnerable people of Uganda to access life-saving services. 

UNAIDS East and Southern Africa Director Anne Githuku-Shongwe said: 

“If enacted, this law will undermine Uganda’s efforts to end AIDS by 2030, by violating fundamental human rights including the right to health and the very right to life.   

It will drive communities away from life-saving services, and obstruct health workers, including civil society groups, from providing HIV prevention, testing and treatment.   

The evidence is crystal clear: the institutionalization of discrimination and stigma will further push vulnerable communities away from life-saving health services. Research in sub-Saharan Africa shows that in countries which criminalize homosexuality HIV prevalence is five times higher among men who have sex with men than it is in countries without such laws.  

By undermining public health, this law will be bad for everyone.  

This law, if enacted, will hurt Ugandans. It will cost lives and it will drive up new HIV infections. We urge Government to not enact this harmful law.” 

The law would impose a penalty of life imprisonment for homosexual acts and the death penalty for so-called “aggravated offences”. It even includes a duty to report acts of homosexuality, with failure to do so punishable by up to 6 months in prison.  

The harmful Bill stands in marked contrast to a positive wave of decriminalization taking place in Africa and across the world, in which harmful punitive colonial legislation is being removed in country after country. Decriminalisation saves lives and benefits everyone. 

Although the Anti-Homosexuality Bill has been passed by parliament, it is not yet enacted as a law and can, in the interest of promoting public health and equal rights of Ugandan citizens, be rejected by the President. It is not too late for this Bill to be rejected and lives to be saved.  

The International Committee of Jurists (ICJ) along with UNAIDS and the Office of the High Commissioner for Human Rights (OHCHR) officially launched a new set of expert jurist legal principles to guide the application of international human rights law to criminal law. 

The ‘8 March principles’ as they are called lay out a human rights-based approach to laws criminalising conduct in relation to sex, drug use, HIV, sexual and reproductive health, homelessness and poverty.

Ian Seiderman, Law and Policy Director at ICJ said, “Criminal law is among the harshest of tools at the disposal of the State to exert control over individuals...as such, it ought to be a measure of last resort however, globally, there has been a growing trend towards overcriminalization.” 

“We must acknowledge that these laws not only violate human rights, but the fundamental principles of criminal law themselves,” he said.

For Edwin Cameron, former South Africa Justice of the Constitutional Court and current Inspecting Judge for the South African Correctional Services, the principles are of immediate pertinence and use for judges, legislators, policymakers, civil society and academics. “The 8 March principles provide a clear, accessible and practical legal framework based on international criminal law and international human rights law,” he said.

The principles are the outcome of a 2018 workshop organized by UNAIDS and OHCHR along with the ICJ to discuss the role of jurists in addressing the harmful human rights impact of criminal laws. The meeting resulted in a call for a set of jurists’ principles to assist the courts, legislatures, advocates and prosecutors to address the detrimental human rights impact of such laws. 

The principles, developed over five years, are based on feedback and reviews from a range of experts and stakeholders. They were finalized in 2022. Initially, the principles focused on the impact of criminal laws proscribing sexual and reproductive health and rights, consensual sexual activity, gender identity, gender expression, HIV non-disclosure, exposure and transmission, drug use and the possession of drugs for personal use. Later, based on the inputs of civil society and other stakeholders, criminalization linked to homelessness and poverty were also included.

Continued overuse of criminal law by governments and in some cases arbitrary and discriminatory criminal laws have led to a number of human rights violations. They also perpetuate stigma, harmful gender stereotypes and discrimination based on such grounds as gender or sexual orientation.

In 2023, twenty countries criminalize or otherwise prosecute transgender people, 67 countries still criminalize same-sex sexual activity, 115 report criminalizing drug use, more than 130 criminalize HIV exposure, non-disclosure and transmission and over 150 countries criminalize some aspect of sex work.

In the world of HIV, the abuse and misuse of criminal laws not only affects the right to health, but a multitude of rights including: to be free from discrimination, to housing, security of the person, movement, family, privacy and bodily autonomy, and in extreme cases the very right to life. In countries where sex work is criminalized, for example, sex workers are seven times more likely to be living with HIV than where it is partially legalized. To be criminalized can also mean being deprived of the protection of the law and law enforcement. And yet, criminalized communities, particularly women, are often more likely to need the very protection they are denied.

UNAIDS Deputy Executive Director for the Policy, Advocacy and Knowledge Branch, Christine Stegling said, “I welcome the fact that these principles are being launched on International Women’s Day (IWD), in recognition of the detrimental effects criminal law can, and too often does have on women in all their diversity.”

“We will not end AIDS as a public health threat as long as these pernicious laws remain,” she added. “These principles will be of great use to us and our partners in our endeavors.”

Also remarking on the significance of IWD, Volker Türk, High Commissioner for Human Rights, said, “Today is an opportunity for all of us to think about power and male dominated systems.”

His remarks ended with, “I am glad that you have done this work, we need to use it and we need to use it also in a much more political context when it comes precisely to counter these power dynamics.”

“Frankly we need to ask these questions and make sure that they are part and parcel going forward as to what human rights means,” he said.

In conclusion, Phelister Abdalla, President of the Global Network of Sex Work Projects, based in Kenya noted: “When sex work is criminalized it sends the message that sex workers can be abused...We are human beings and sex workers are entitled to all human rights."

Nirmala Singh (not her real name) found out she was HIV positive after being tested during pregnancy. It was a surprise diagnosis, but she immediately knew how she had been infected. Before getting married she was raped. Nurses informed Nirmala’s husband of her positive result without her consent. She was immediately kicked out the home.

Sita Shahi, Regional Coordinator of the International Community of Women Living with HIV in Asia and the Pacific (ICWAP), has responded to this and many similar cases in her native Nepal.

“There is very little understanding of the rights of women living with HIV and how their experience is impacted by abuse,” Ms Shahi said. “Women are blamed for transmitting HIV because they are usually first in the family to be diagnosed. That is the starting point for them to experience human rights violations like intimate partner violence in the home and gender-based violence in the wider society.”

At a UNAIDS-supported ICWAP workshop organized in 2022 with participants from countries across the region, women living with HIV shared their personal stories.

One participant who was diagnosed during pregnancy was refused care by staff during childbirth. She delivered her baby on the floor of her ward, alone.

Some who have survived domestic violence said they were rejected by shelters run by government and non-governmental organisations based on their HIV status.

And there was consensus that in all countries domestic violence is common, but rarely reported.

The concerns of women living with HIV in the Asia Pacific region have remained relatively hidden and ignored. Rates of new infections and AIDS-related deaths among men in the region are more than double those of women. But for the estimated 2.2 million women living with HIV in Asia and the Pacific, smaller numbers do not mean smaller problems.

“Women in Asia and the Pacific continue to face discriminatory policies, social and cultural barriers, inequalities in healthcare access and threats to their security that violate their rights,” said UNAIDS’ Regional Adviser for Community-Led Responses, Michela Polesana.

“When women are free of any kind of stigma and discrimination, gender-based violence or breach of confidentiality by healthcare providers there is no accusing epidemic,” Ms Shahi reflected. “If a woman is free of violence at the policy level, society level and family level she can be mentally strong and her health could be as well as other people’s. Then there is no problem taking care of herself and her family while contributing to the economy.”

As a regional network, ICWAP is working to increase the capacity of organisations for and by women living with HIV so they can advocate around these issues at national level. A key priority is giving stakeholders including healthcare providers the information they need to help uphold the rights of women living with HIV.

One critical element of this strategy has been equipping its membership to advocate effectively using digital tools and spaces. UNAIDS supported social media advocacy training for ICWAP’s Young Advocates Social Media Team. Through the eight-week process, participants were introduced to social media basics, explored sexual and reproductive health and rights issues and practiced skills such as interviewing, blogging and editing.

“We embrace the role of technology in not only providing a space for community-building and psychosocial support for women living with HIV, but also the means to speak out about issues that affect them,” Ms. Polesana said.

To empower women living with HIV to meaningfully engage in decision-making spaces, ICWAP also held a feminist movement building training for women-led networks from six countries. This exercise built the capacity of women living with HIV to engage in programmes that promote gender equality and human rights and to lead advocacy efforts for high quality life-saving services for women and girls across the region.

On International Women’s Day 2023 under the theme “DigitALL: Innovation and technology for gender equality”, ICWAP called for the following:

• User-friendly digital platforms  
• Access to the internet and digital tools
• Capacity building around social media advocacy
• Strengthened data security and redress mechanisms
• Online reporting mechanisms and rapid response for intimate partner violence
• Strategies to increase the economic empowerment of women living with HIV

On Zero Discrimination Day 2023, commemorated on March 1, UNAIDS highlights the need to remove laws that criminalize people living with HIV and key populations.* The 2023 theme, “Save lives: Decriminalize”, points to the positive impact on health and life outcomes when discriminatory and punitive laws are removed.

In 2021, the world set ambitious law reform targets to remove criminal laws that are undermining the HIV response and leaving key populations behind. Recognizing decriminalization as a critical element in the response, countries made a commitment that by 2025 less than 10% of countries would have punitive legal and policy environments that affect the HIV response.

Winnie Byanyima, Executive Director of UNAIDS, said:

"Criminalizing laws chase people away from life-saving treatment. Those need to be removed. The only reason people are still dying of AIDS is the inequalities in society, from social norms, from the lack of opportunities in school, etc. and all these come together to make them more at risk."

"At the country level, repealing criminal laws that are driving people away from HIV prevention and treatment is critical.”

These targets are ambitious but they are necessary

Research in sub-Saharan Africa has shown that the prevalence of HIV among gay men and other men who have sex with men was five times higher in countries that criminalize same-sex sexual activity compared to those that do not, and 12 times higher where there were recent prosecutions.

Criminalization of sex work increases both the risk of sex workers acquiring HIV and their vulnerability to violence perpetrated by clients, police and other third parties. The criminalization of the clients of sex workers has also been repeatedly shown to negatively affect sex workers’ safety and health, including reducing condom access and use, and increasing the rates of violence.

Decriminalization of drug use and possession for personal use is associated with significant decreases in HIV incidence among people who inject drugs, including through greater access to harm reduction services, reductions in violence and arrest or harassment by law enforcement agencies.

Winnie Byanyima said:

"We have the evidence that when you repeal criminal laws on same-sex relations that the risk of contracting HIV falls, the risk of new infections amongst gay men, MSM, drops significantly.

"To me HIV is a disease but it's more a social injustice. It's driven by inequalities in society. These are not things that can happen without a consensus in the society, so we need everybody on board."

Law reform is therefore critical if we are to end AIDS as a public health threat by 2030.

The targets are ambitious but not impossible

Indeed, recent experience is proving just how possible they are.  In 2022 alone Belgium and Australia have removed laws criminalizing sex work; Zimbabwe decriminalized HIV exposure, non-disclosure, and transmission and the Central Africa Republic reduced the scope of its HIV criminal laws; Antigua & Barbuda, St Kitts & Nevis, Singapore and Barbados have repealed old colonial laws criminalizing same-sex sexual activity. Kuwait repealed a law criminalizing the imitation of the opposite sex, a law used to target transgender persons while New Zealand removed travel restrictions relating to HIV.

However, despite such encouraging reforms, the world is not on track to ensure that less than 10% of countries have punitive legal and policy environments that create barriers to accessing HIV services. In 2021, 134 reporting countries explicitly criminalized or otherwise prosecuted HIV exposure, non-disclosure or transmission; 20 reporting countries criminalized and/or prosecuted transgender persons; 153 reporting countries criminalized at least one aspect of sex work; and 67 countries now criminalize consensual same-sex sexual activity, according to UNAIDS. In addition, 48 countries still place restrictions on entry into their territory for people living with HIV, while 53 countries report that they require mandatory HIV testing, for example for marriage certificates or for performing certain professions. 106 countries report requiring parental consent for adolescents to access HIV testing.

Such laws and sanctions violate international human rights norms and stigmatize and discriminate against already marginalized populations.

Decriminalisation saves lives and helps advance the end of the AIDS pandemic.

* Key populations are communities at higher risk of HIV infection including gay men and other men who have sex with men, people who use drugs, sex workers, transgender people and people in prisons and other closed settings.

GENEVA, 20 December 2022—UNAIDS welcomes the judgement by the High Court of Kenya at Nairobi recognizing that coerced sterilization of women living with HIV is a violation of their human rights.  

The judgement follows a case brought forward in 2014 by a Kenyan woman living with HIV who was coerced by professionals at a health facility to undergo tubal ligation thus taking away her ability to have children. The High Court found that the performance of this operation without consent amounted to a violation of her rights to non-discrimination, to dignity, to health and to family.  

“This decision is an important step in protecting the sexual and reproductive health and rights of women living with HIV,” said Winnie Byanyima, Executive Director of UNAIDS. “UNAIDS stands ready to work with all governments to ensure such practices are eliminated completely and that women living with HIV are able to access health services without stigma or discrimination.” 

UNAIDS intervened in this case with an amicus curiae (friend of the court) brief that informed the Kenyan High Court on the health guidelines and human rights standards that each country must follow to respect, protect and guarantee the human rights of people living with HIV, and the impact that such involuntary practices can have on the HIV response. The Kenyan Legal and Ethical Issues Network on HIV/AIDS (KELIN) and the African Gender and Media Initiatives Trust (GEM) were also petitioners in this case.  

HIV-related stigma and discrimination has a significant impact on the health, lives and well-being of people living with or at risk of HIV. Stigma and discrimination hinders the HIV response by limiting access to broader sexual and reproductive health and other health services. UNAIDS continues to work daily to ensure that governments invest in preventing and responding to violations linked to the forms of intersectional discrimination to which people living with HIV have been subjected. 

The plaintiff in the case stated, “This was never about the money. I wanted to fight for justice for myself and all women who have had this experience, and to ensure this does not happen to other women who are living with HIV who need access to reproductive health services.”  

“This case is an important moment for reproductive justice and the feminist movement. Coercive sterilization of women living with HIV is a violation of women’s most fundamental human rights and undermines effective HIV responses,” said UNAIDS Country Director for Kenya, Medhin Tsehaiu. “It is only through a human rights approach that we will end AIDS as a public health threat.” 

A rights-based approach includes the right to start a family and have children, the right to decide the number and spacing of their children, the right to reproductive autonomy and the right to access quality services to support their reproductive health choices, based on their informed, safe and voluntary consent. These are fundamental human rights that belong to all women, regardless of HIV status, and are guaranteed in global and regional treaties.  

“We welcome the court’s decision and although it took a long time, we are happy that the court found the client’s rights had been violated, and particularly the finding of discrimination on the basis of sex and HIV status,” said Allan Maleche, Executive Director, KELIN. 

The Global AIDS Strategy 2021–2026: End Inequalities, End AIDS includes a central role for the promotion of human rights, gender equality and dignity, free from stigma and discrimination for all people living with and affected by HIV. It is a commitment by UNAIDS to an ambitious vision to end gender inequalities and realize human rights, including the right to health, calling on all partners and stakeholders in the HIV response in all countries to transform unequal gender norms and end stigma and discrimination.

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, 13 December 2022—UNAIDS welcomes the judgement by the High Court in Barbados to strike down the country’s colonial-era gross indecency and buggery laws that criminalised consensual same-sex relations.

“This historic decision is a significant step towards protecting the human rights and dignity of LGBT people in Barbados,” said Luisa Cabal, UNAIDS Regional Director for Latin America and the Caribbean. “It will also strengthen the country’s HIV response by helping to reduce stigma and discrimination faced by LGBT people and increasing the uptake of HIV testing, treatment and prevention services.”

Under section 9 of the Barbados Sexual Offences Act, punishment could lead to life imprisonment for men engaging in same-sex sexual activity. Under section 12, both men and women were criminalised and liable to up to 10 years imprisonment. Laws that punish consensual same sex relations, in addition to contravening the human rights of LGBT people, act as a barrier to improving health outcomes, including in the HIV response. Such laws sustain stigma and discrimination against LGBT people and stop LGBT people seeking and receiving healthcare for fear of being punished or detained. Decriminalisation saves and changes lives and builds stronger societies.

Barbados becomes the third Caribbean country this year to announce the repeal of such discriminatory legislation. The case was filed by two Barbadian LGBT advocates with local organisation Equals Barbados providing community support, and the regional LGBT umbrella organisation, the Eastern Caribbean Alliance for Diversity and Equality, convening the process.

Earlier this year, courts in Antigua and Barbuda and St Kitts and Nevis also struck down as unconstitutional laws that criminalised gay men and other men who have sex with men. There now remain six countries in the Caribbean that criminalize gay sex between consenting adults, all of them former British colonies. They are Dominica, Grenada, Guyana, Jamaica, St. Lucia, and St. Vincent and the Grenadines.

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, 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.