Review of Legal Frameworks and the Situation of Human Rights related to Sexual Diversity in Low and Middle Income Countries

CARLOS CÁCERES; PECHENY MARIO; FRASCA TIM; ROGER RAUPP RÍOS; POCAHY FERNANDO

CULTURE, HEALTH AND SEXUALITY

Taylor and Francis

Lugar: Londres; Año: 2009 vol. 11 p. 66 - 66

1369-1058

Legal frameworks and the situation of human rights of populations most vulnerable to HIV can facilitate or hamper the path to universal access to prevention and care. This paper analyzes legal frameworks, the situation of human rights and stigma and discrimination in relation to sexual diversity and gender non-conformity in low and middle income countries (LMIC). A review on this topic was commissioned by UNAIDS to inform their staff and the international community. Data from 153 LMIC in 6 regions (i.e. South Asia; South East Asia/Pacific, Africa; Eastern Europe/Central Asia; Middle-East/North Africa, Latin America/ Caribbean) were reviewed. Sources used included reports produced by human rights organizations, the United Nations system, and selected activist organizations; institutional websites; written and verbal information provided by key informants; and peer-reviewed publications. Analysis was organized in three areas: Legal frameworks, laws and regulations; the status of human rights (homophobic crimes; other human rights violations related to homophobia); and stigma and discrimination. Of 153 country legal systems, 90 were classified as highly- (49) or moderately (31) repressive of sexual diversity; 46 as neutral and only 27 as protective (12) or as including recognition measures (15). Repressive systems were more frequent within the Common Law tradition. A human rights matrix delineated regional perspectives of states that violate, respect or fulfill a broad selection of human rights when dealing with sexually diverse populations, suggesting that in most of LMIC at least some violations still occur, although their frequency and severity varied importantly. Various kinds of data on stigma and discrimination per region were systematized. Despite limited data and regional heterogeneity, the situation was worse, even dramatic, in parts of Middle East/North Africa and Sub-Saharan Africa, and better in parts of Latin America and Eastern Europe/Central Asia. Substantial information gaps exist on these topics, especially in some regions. Nevertheless, data available suggest that legal frameworks or State practices against sexually diverse populations may represent severe obstacles to universal access to HIV prevention and care in many LMIC around the world with epidemics concentrated on men who have sex with men. Further research may be needed regarding: (1) the relationship between legal frameworks/human rights situation and access to HIV prevention and care services among sexually diverse populations; (2) the relationship between legal frameworks/human rights situation of sexually diverse populations and HIV epidemic patterns; and (3) case studies of structural interventions aimed at improving legal frameworks and the situation of human rights regarding sexual diversity.