HIV Policy Lab report |30 November 2023
Global advances in same-sex decriminalisation, but ongoing threats to LGBTQ+ rights
A recent report from the HIV Policy Lab highlights significant advances in the worldwide decriminalisation of consensual same-sex relationships, but nevertheless challenges in certain regions persist.
This positive shift marks a notable departure from the initial years of the Aids epidemic when most countries criminalised same-sex activities.
The collaborative report, led by Georgetown Law's O'Neill Institute, the United Nations Development Programme (UNDP), and the Global Network of People Living with HIV (GNP+), sheds light on the complex landscape of legal reforms across 194 countries.
The report, titled ‘Progress and the Peril: HIV and the Global Decriminalisation of Same-sex Sex’, showed the accelerated pace of law reform, with thirteen countries, including Barbados, Botswana and India recently repealing laws criminalising same-sex relationships. Major economies and nations with high HIV rates have contributed to this positive trend.
As of the current year, 129 out of 194 countries, constituting two-thirds of the global total, have decriminalised same-sex relationships. This signifies a near-complete reversal from the initial stages of the Aids epidemic, aligning with the UN's ‘10-10-10’ goals aimed at eliminating harmful laws. The Caribbean region has demonstrated the fastest progress, reducing the rate of criminalisation from 71% in 2017 to 43% in 2023, followed closely by Eastern and Southern Africa.
The director of the HIV and Health Group at UNDP, Mandeep Dhaliwal, stressed on the pivotal role played by the leadership of people living with HIV and other key populations in driving this progress. The report also spoke about the correlation between human rights-based laws and improved health outcomes, stressing the need to support and scale up the efforts of key populations to combat HIV and uphold gender and human rights.
However, the report also highlights a concerning counter-trend of increasing homophobia and anti-LGBTQ+ laws in some countries. These regressive measures, including harsh legal penalties such as long prison sentences or the death penalty, are identified as diverging from the global momentum towards more compassionate legal systems. Approximately 34% of the world's population and 37% of all people living with HIV still reside in countries that criminalise same-sex relationships. Such legal environments hinder the uptake of HIV care and treatment services, undermining the effectiveness of Aids response efforts at the population level.
Dr Matthew Kavanagh, director of Georgetown University's Centre for Global Health Policy & Politics at the O'Neill Institute, underscores the role of law as a crucial public health intervention, capable of either enabling or undermining effective pandemic response. The report challenges the perception that legal change is arduous or long-term, showcasing diverse legal and political pathways that countries have taken to achieve decriminalisation and reap health benefits.
The report offers case studies from Africa, Asia, and the Caribbean, illustrating various models of progress and demonstrating how countries can dismantle structural barriers and promote health equity. Florence RiakoAnam, co-executive director at GNP+, emphasises the urgency in the battle for LGBTQ+ rights and the growing movement for decriminalisation, which she sees as dismantling discriminatory walls and fostering hope in the face of injustice.
The authors stress the need for greater investment in community services and advocacy, recognising that decriminalisation alone is insufficient. They advocate for a multi-sectoral Aids response that involves coordinated efforts from the government, judiciary, and civil society to address the complex challenges surrounding LGBTQ+ rights and HIV/Aids.
Compiled by Vidya Gappy
Source: https://www.hivpolicylab.org/publications/global-hiv-po