GENEVA, 21 JUNE 2024—UNAIDS applauds the judgment by the High Court of Namibia, striking out as unconstitutional the law which had criminalised same-sex relationships.  The court found the law incompatible with the constitutional rights of Namibian citizens. This decision, which is in line with a series of judgments by courts in Southern Africa in recent years, marks a significant victory for equality and human rights for all Namibians and will help protect the health of everyone.

"This decision by the High Court of Namibia is a powerful step towards a more inclusive Namibia," said Anne Githuku-Shongwe, UNAIDS Regional Director for East and Southern Africa. "The colonial-era common law that criminalized same-sex sexual relations perpetuated an environment of discrimination and fear, often hindering access to essential healthcare services for LGBTQ+ individuals. To protect everyone’s health, we need to protect everyone’s human rights.”

Originally introduced during colonial rule in Apartheid South Africa and maintained in Namibian law when the country gained independence in 1990, this law had been used to rationalize discrimination against LGBTQ+ people in Namibia. It not only violated the constitutional rights of Namibian citizens but also posed a challenge to public health. The climate created by the law discouraged LGBTQ+ individuals from seeking HIV testing and treatment, undermining efforts to control the epidemic.

"By decriminalizing same-sex relationships, Namibia creates a safer environment for LGBTQ+ communities," said Ms. Githuku-Shongwe. "This allows them to access vital healthcare services, contributing to the global goal of ending AIDS as a public health threat by 2030."

UNAIDS urges all countries to follow Namibia's lead, remove punitive laws, and tackle prejudices against lesbian, gay, bisexual, transgender, and intersex people. Since 2019, Botswana, Gabon, Angola, Bhutan, Antigua and Barbuda, Barbados, Singapore, Saint Kitts and Nevis, the Cook Islands, Mauritius, and Dominica have all repealed laws that criminalized LGBTQ+ people.

A more just, equitable and kind world is a healthier one for everyone.

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, 15 May 2024—Ahead of IDAHOBIT, commemorated worldwide on 17 May, UNAIDS is calling on governments everywhere to protect the human rights of LGBTQ+ people. Protecting the human rights of every person, UNAIDS research shows, is essential for protecting public health, because it enables inclusive and equitable access to health services without discrimination.

The movement for human rights for all has made important progress. For example, whereas, at the start of the AIDS pandemic, most countries criminalized LGBTQ+ people, now two thirds of countries do not.

However, more than 60 countries still do while another 20 countries criminalize gender expression and identity.

“Stigma, discrimination and criminalization can be lethal,” said Winnie Byanyima, Executive Director of UNAIDS. “In the response to HIV, we have learned that a human rights-based approach is critical in responding to a health crisis and leaving no-one behind. Countries must remove these discriminatory criminal laws and introduce legislation which protects rights if we are to end AIDS as a public health threat for everyone.”

Discrimination, violence and criminalization force many LGBTQ+ people underground and away from health services; as a result, gay men and other men who have sex with men, and transgender people, are more affected by HIV. Globally, in 2022, men who have sex with men were 23 times more likely to acquire HIV, and transgender women 20 times more likely to acquire HIV than other adults aged 15–49.

Criminalization of LGBTQ+ people in particular causes significant harm to health. In sub-Saharan Africa, men who have sex with men in countries where they are criminalized, are five times more likely to be living with HIV than in countries that do not criminalize same-sex sexual behavior.

As a recent IAS - Lancet report demonstrated, violations of human rights have multiple damaging impacts on public health. Treating people as criminals drives people away from vital services for fear of arrest and discrimination, resulting in them not accessing HIV prevention, treatment and care.  In addition, strict anti-LGBTQ+ laws have been associated with a lack of knowledge about HIV testing and HIV status.

“For far too many people in our LGBTQ+ communities and beyond, the most basic things are still too far from reach, because of the discrimination, stigma, and violence they face every day,” said the international lesbian, gay, bisexual, trans and intersex association, ILGA World, co-Secretaries General Luz Elena Aranda and Tuisina Ymania Brown.  “This is why they are rallying behind an urgent cry: ‘No one left behind: equality, freedom and justice for all,’ reminding us of the importance of rejecting discriminatory laws, policies, and attitudes.”  

Criminal laws that discriminate on the basis of sexual orientation and gender identity are a breach of the right to privacy and non-discrimination and impede the HIV response. UNAIDS calls on all states to repeal such laws and to introduce legal protections against discrimination on the basis of sexual orientation.

UNAIDS, the World Health Organization, the United Nations Development Programme, and the Global Commission on HIV and the Law have made the same recommendations, as have the Office of the United Nations High Commissioner for Human Rights and several other United Nations agencies.

UNAIDS stands with LGBTQ+ people everywhere who are facing hate, discrimination and marginalization, and calls for an end to their criminalization.

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, 30 April 2024—The Joint United Nations Programme on HIV/AIDS (UNAIDS) is deeply concerned about the impact of the harmful new legislation in Iraq amending the 1988 anti-sex work law to criminalize LGBTQ+ people. The legislation imposes a prison sentence of between 10 and 15 years for same-sex sexual relations. Transgender people face up to three years imprisonment for expressing their gender or receiving gender affirmation care.   Individuals also face up to seven years for promoting homosexuality. And up to three years for providing gender affirmation care.

Criminalizing consensual same-sex relationships and gender expression not only violates fundamental human rights but also undermines efforts to end AIDS by driving marginalized populations underground and away from essential health services, including life-saving HIV prevention, treatment and care services.

Globally, the movement for human rights has made progress in the past 40 years. At the start of the AIDS pandemic in the early 1980s, most countries criminalized same-sex sexual activity between men, now two thirds do not. An increasing number of countries have also recognized the rights of trans and other gender diverse people. However, this new legislation in Iraq represents a significant setback and is part of a wave of punitive and restrictive laws being passed that undermine the rights of LGBTQ+ people.  

The legislation passed in parliament is an amendment to an existing 1988 anti-sex work law which continues to criminalize both the selling and buying of sexual services. The amendments passed on Saturday 27 April 2024 increase the penalties in relation to sex work. These laws, which countries committed to removing under the 2021 United Nations General Assembly Political Declaration on HIV and AIDS, likewise undermine the human rights and public health of sex workers.

UNAIDS calls upon the authorities of Iraq to overturn this discriminatory legislation and fulfill its obligations under international human rights law to protect the rights of all people, regardless of sexual orientation or gender identity. UNAIDS stands in solidarity with LGBTQ+ people and communities and reaffirms its commitment to work with partners to promote equality, end stigma and discrimination, uphold human rights—including the right to health, and ensure access to comprehensive HIV services for everyone, everywhere.

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.

22 April 2024 – UNAIDS welcomes the decision of the High Court of Dominica to protect the rights of LGBTQ people in Dominica.

Today the Court ruled that sections 14 and 16 of the Sexual Offences Act (SOA), which had criminalised consensual same sex activity between adults, are unconstitutional under the Constitution of the Commonwealth of Dominica. The Court ruled that the former provisions violated the right to liberty which is guaranteed by section 1(a) of the Constitution, freedom of expression which is guaranteed by sections 1 (b) and section 10 (1) and protection of personal privacy which guaranteed by section 1 (c).  

In a decision by Justice Kimberly Cenac-Phulgence on a claim brought by a gay man, the Court found that:

“criminalising sexual relations between consenting adults of the same sex as effected by sections 14 and 16 of SOA is an unjustifiable restriction on the constitutionally guaranteed right to freedom of expression in a free and democratic society”.

Equally powerfully, the court accepted that the right to protection of privacy of the home encompasses:

“private and family life and the personal sphere which includes one’s sexual identity and orientation as well as intimate activity with a partner of a person’s choice. Therefore Sections 14 and 16 of the SOA contravene the Constitution in so far as they intrude on the private home life of an individual by proscribing the choice of consenting adults as to whom to engage in intimate sexual activity with,  and are therefore, void.”

Dominica is the sixth country in the Caribbean in which powerful community action has resulted in the removal of the criminalisation of same-sex relations. As well as advancing human rights for everyone including LGBTQ people, this legal progress will also advance public health for everyone. The series of rulings made across the Caribbean are helping the region to speed up its progress towards zero new HIV infections, zero AIDS-related deaths and zero discrimination for affected people.

Winnie Byanyima, Executive Director of UNAIDS, said:

“Today another Caribbean Court has struck down the harmful old colonial punitive law which had criminalised LGBTQ people. Dominica’s ruling is a win for public health as well as for human rights. Protecting the human rights of all people is essential to protect the health of all people. Courts, as the guardians of written Constitutions which enshrine fundamental rights, are vital pathways for the realisation of everyone’s rights.”

UNAIDS congratulates Dominica and especially honours the fortitude of frontline communities in Dominica for leading the movement for the human rights of all people.

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, 3 April 2024—The Constitutional Court of Uganda has today struck down certain sections of the Anti-Homosexuality Act, 2023.

“The Constitutional Court of Uganda made a judgment today to strike down certain sections of the Anti-Homosexuality Act, 2023. Evidence shows that criminalizing populations most at risk of HIV, such as the LGBTQ+ communities, obstructs access to life-saving health and HIV services, which undermines public health and the overall HIV response in the country,” said Anne Githuku-Shongwe, UNAIDS Regional Director for Eastern and Southern Africa. “To achieve the goal of ending the AIDS pandemic by 2030, it is vital to ensure that everyone has equal access to health services without fear."

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, 27 February 2024—Zero Discrimination Day was established by UNAIDS ten years ago to advance equality and fairness for everyone regardless of gender, age, sexuality, ethnicity or HIV status. However, progress is in peril.

Attacks on the rights of women and girls, of LGBTQ+ people, and of other marginalized communities are on the rise. And when laws, policies, practices or norms enshrine punishment, discrimination or stigma for people because they are women, or are LGBTQ+, or are migrants, or sex workers, or use drugs, the results lead to failing public health as these communities are pushed away from vital health and social services.

“The attacks on rights are a threat to freedom and democracy and are harmful to health. Stigma and discrimination obstruct HIV prevention, testing, treatment and care, and hold back progress towards ending AIDS by 2030,” said Winnie Byanyima, Executive Director of UNAIDS. “It is only by protecting everyone’s rights that we can protect everyone’s health.”

There has been progress. At the start of the AIDS pandemic 40 years ago, two thirds of countries in the world criminalized LGBTQ+ people, today two-thirds of countries do not.

38 countries around the world have pledged to end HIV-related stigma and discrimination and today 50 million more girls are in school than in 2015.

To continue this progress UNAIDS urges support for women’s movements and movements for the rights of LGBTQ+ people, for racial justice, for economic justice, for climate justice, and for peace. As communities across the world stand up for rights, the United Nations is not only on their side but by their side.

On this Zero Discrimination Day (1 March), and across the whole month of March, events and activities will remind the world of this vital lesson and call to action: by protecting everyone’s rights, we can protect everyone’s health.

“Through upholding rights for all, we will be able to achieve the Sustainable Development Goals, and to secure a safer, fairer, kinder, and happier world – for everyone,” added 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.