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.

UNAIDS is concerned about the impact on peoples’ health and rights following the decision of the High Court of St. Vincent and the Grenadines regarding sections 146 and 148 of the Criminal Code, which upholds discriminatory and harmful laws against LGBTQ people.

On Friday, February 16, 2024, the High Court, in an oral delivery, denied the claim by two Vincentian nationals, who reside outside of the country, that sections 146 and 148 of the Criminal Code criminalising buggery between any two persons with a penalty of up to 10 years imprisonment, violate the fundamental rights to privacy, personal liberty, freedom of conscience, freedom of expression and protection from discrimination. The Court dismissed in their entirety all claims by the two Claimants and awarded the sum of EC$7,500 prescribed costs to the Attorney General to be paid by each of the Claimants. 

In the written decision published February 22, 2024, the Court in dismissing the consolidated claims of Javin Johnson and Sean MacLeish held that the Claimants had failed to establish on the evidence, a present or existing breach of any alleged rights due to lack of locus standi (the requisite standing to invoke a review by the Court) as the Claimants do not reside in the State and had not for years prior to the filing of the claims.

UNAIDS is particularly concerned that the judgment referred to protecting public health and tackling the HIV epidemic as justifying punitive anti-LGTBQ laws, because the evidence shows that such laws hinder efforts to protect public health and tackle the HIV epidemic. At paragraph 267 of the judgment the court asserted: 

“to my mind the thought of a public health crisis occasioned by an unstemmed deluge of new HIV cases is a real and serious concern which reasonably justifies a public health response of the kind embedded in the challenged provisions”.

In fact, studies show that these laws have negative health outcomes. A punitive legal environment, including criminalisation of same sex relationships, drives people underground and away from vital health services, including HIV prevention, testing, treatment, and care. To achieve the goal of ending AIDS as a public health threat by 2030, it is vital to ensure that everyone has equal access to essential services without fear, stigma or discrimination.

UNAIDS has estimated that not achieving decriminalization of key populations in all countries would result in about 750 000 cumulative new HIV infections from 2020 to 2030.

The decision made in the High Court of St. Vincent and the Grenadines stands in stark contrast to the rulings in Belize, Guyana, Trinidad and Tobago, Antigua and Barbuda, St. Kitts and Nevis and Barbados where the courts ruled that laws which criminalise persons based on sexual orientation and gender identity violate the protected rights to dignity, privacy, personal liberty, freedom of conscience, freedom of expression and protection from discrimination.

Regardless of the outcome of this court decision, UNAIDS holds hope that the courts will serve as a vital last resort for social justice, the protection of human rights and the advancement of public health for improved health and wellbeing for all. UNAIDS work to end AIDS and to leave no one behind will continue in partnership with communities and with all branches of government, including the courts.

Punitive laws obstruct the end of AIDS and ultimately hurt everyone’s health. As we prepare for observance of the tenth anniversary of Zero Discrimination Day on March 1^st, 2024, we pay tribute to the courage of communities, and call on all duty bearers to protect the health of all by protecting the human rights for all.

NOTE FOR THE EDITORS:

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.

ZERO DISCRIMINATION DAY

March 1^st this year is the tenth anniversary of Zero Discrimination Day. Upholding everyone’s rights is the responsibility of us all. Everyone can play a part in ending discrimination. On 1 March, and across the whole month of March, events, activities and messages will remind the world of this vital lesson and call to action: to protect everyone’s health, protect everyone’s rights. #ZeroDiscrimination

Countries from across the world who have taken practical steps forward towards eliminating discrimination are showing what is possible, UNAIDS has said.

The countries are members of the Global Partnership for Action to Eliminate all Forms of HIV-Related Stigma and Discrimination, which have prioritized and pledged to accelerate the removal of stigmatizing and discriminatory practices, policies and laws across six settings: community, health, justice, education, workplace, and emergency/humanitarian. Recent progress that was made by members of the Global Partnership included:

• In the Central African Republic, the law on the rights of people living with HIV/AIDS was revised with a focus on social protection, opening new opportunities for people living with HIV to access enhanced support.
• In Argentina, the National Law for Comprehensive Response to HIV, STIs and Tuberculosis committed that care and treatment be provided without discrimination. 
• In Kazakhstan, the government increased domestic funding to sustain a successful community-led programme for shelter and support for women living with HIV who had been subjected to violence.
• In Ghana, a strong partnership between the government and the community enabled mothers living with HIV and caregivers of HIV-exposed infants and children to  benefit from targeted interventions that foster their and their children’s well-being, leading to improved adherence to treatment and linkage to care.
• In Thailand, a national Code of Conduct on HIV prevention and management in the workplace was adopted, and both government and the private sector committed to review HIV policies in line with the new Code of Conduct.
• In Iran, the Ministry of Health issued a bylaw to tackle the stigma and discrimination faced by people living with and affected by HIV. As a result, a protocol on elimination of stigma and discrimination in health care settings was developed to advance access to HIV services without discrimination, including strengthening the referral system.

“The practical steps forward which have been taken by members of the Global Partnership provide hope through action,” said UNAIDS Executive Director Winnie Byanyima. “They show what is possible. They show how it is through protecting the rights of every person that we can protect the health of every person. Progress on rights can power progress towards the end of AIDS.”

38 countries have joined the Global Partnership for Action to Eliminate all Forms of HIV-Related Stigma and Discrimination, and more have expressed interest in joining.  More information on the Global Partnership can be found here: https://www.unaids.org/en/topic/global-partnership-discrimination

On March 1st the world will mark the tenth anniversary of Zero Discrimination Day. More information on Zero Discrimination Day can be found here: https://www.unaids.org/en/2024-zero-discrimination-day

In the heart of the bustling Guatemala City, Juan used to face the daily grind of life with an unwavering spirit. He had been diagnosed with HIV several years ago and had learned to manage his health effectively. As a dedicated employee at a marketing firm, he poured creativity into every project he touched.

Life seemed to be on an upswing for him until an unexpected turn of events unfolded at the workplace. A colleague stumbled upon Juan's medical records and, in a breach of privacy, discovered his HIV status. Soon, whispers spread through the office, and Juan began to feel the cold stares and hushed conversations whenever he walked by. Ultimately, he was dismissed from his company for "restructuring reasons."

As the discrimination became more blatant, Juan decided it was time to take action. He sought advice from Líderes Profesionales, a network of lawyers specializing in discrimination cases for people living with HIV. With UNAIDS's support, this network is committed to fighting for justice and equality for marginalized communities.

Upon hearing Juan's story, the lawyers at Líderes Profesionales were appalled by the flagrant violation of privacy and the subsequent discrimination. They quickly assembled a legal team dedicated to ensuring justice for Juan. The lawyers explained the legal protections in place for individuals with HIV, emphasizing that workplace discrimination based on health status is a clear violation of the law.

Together with Juan, the legal team initiated a lawsuit against the firm. They filed a complaint citing violations of privacy, discrimination, and failure to provide a safe and inclusive work environment and asked for payment of benefits and compensation for unjustified dismissal.

Líderes Profesionales worked tirelessly to expose Juan's unjust treatment, seeking justice for him and advocating for broader change in workplace policies. They organized workshops to sensitize companies, urging them to implement comprehensive diversity and inclusion training and policy.

As of December 2023, the case is still ongoing. The legal team's goal is to seek compensation for Juan and foster an environment where such discrimination would not be tolerated in the future.

"Juan's experience and five other discrimination-related workplace cases this year inspire us to continue our advocacy work," says Julio Rodríguez, Director of Líderes Profesionales. "We redouble our efforts to support individuals facing discrimination, using each case as an opportunity to raise awareness and push for systemic change."

In Guatemala, 31,000 people are estimated to be living with HIV. HIV-related stigma and discrimination are still pervasive. According to the latest National Stigma Index (2017), 14% of people living with HIV reported losing their job or source of income due to their positive status for HIV, and 13% of people living with HIV reported being denied employment or opportunity to work because of HIV.

 "Having access to legal support really represented a turning point for Juan. Empowered by it, he is a more vocal advocate for HIV awareness and anti-discrimination efforts," says Marie Engel, UNAIDS Country Director for Guatemala, Honduras and Nicaragua. "Through his journey, Juan contributes to a more just and inclusive society for all." 

BRUSSELS, 1 December 2023—On World AIDS Day, UNAIDS, Spain, as President of the Council of the European Union, and other partners called for the elimination of all HIV-related stigma and discrimination as a necessary step towards ending the AIDS pandemic as a global public health threat by 2030.

Speaking at the event held at the European Parliament in Brussels, Spain’s Minister of Health, Mónica García, re-affirmed Spain’s commitment to achieve zero HIV-related stigma and discrimination.

“We hope that this leadership of Spain for the elimination of all forms of stigma and discrimination associated with HIV will be maintained over the next 7 years to meet our goals by 2030,” said Ms Garcia.

The elimination of HIV-related stigma and discrimination has been a political priority of the Spanish Presidency of the Council of the European Union since July 2023. This was reflected in a high-level meeting on "HIV and Human Rights: Political Action to Achieve Zero Stigma" hosted by the Spanish Ministry of Health in September 2023 in Seville. At the event, Spain took the important step to officially join the Global Partnership for action to eliminate all forms of HIV-related stigma and discrimination, becoming the second EU country to join after Luxembourg.

At the event in Brussels, UNAIDS Deputy Executive Director, Christine Stegling, thanked Spain for its leadership globally and in the European Union and said the world needed to act urgently to eliminate HIV-related stigma and discrimination.

“We’ve made impressive progress against HIV, but we have much work left to do,” said Ms Stegling, “Unless we succeed in ending AIDS-related stigma and discrimination, we will not be able to reach everyone in need. Stigma and discrimination against people most affected by HIV are the biggest barriers to accessing lifesaving HIV prevention and care. We look forward to working with European Union Member States, the European Parliament and the Council of the European Union, to take this agenda forward." 

As Spain steps down from its Presidency of the Council of the European Union at the end of December 2023 and as Belgium assumes the role, Ms. Stegling also expressed hope that Belgium will follow in Spain’s footsteps and continue to lead on this critical issue. She called on the whole of the European Union to join in global efforts to abolish AIDS-related stigma and discrimination to reach people who are currently being left behind in the response.

Around the world, some 9.2 million people living with HIV still do not have access to life-saving medicines. Every minute, a life is lost to AIDS. In 2022, 1.3 million people became newly infected with HIV. Many people most affected by HIV are being left behind, including adolescent girls and young women, gay men and men who have sex with men, people who inject drugs, sex workers and migrants. These are the people who must be reached for AIDS to be ended as a public health threat by 2030.

Removing AIDS-related stigma, discrimination and criminalization will make it more possible to reach those currently being left behind. Political leadership in the European Union is key to achieving that goal.

Also critical for removing AIDS-related stigma and discrimination is community leadership. Ms. Stegling highlighted UNAIDS’ 2023 World AIDS Day report “Let Communities Lead” citing the need for governments and donors to fully empower and fund community leadership in the response to HIV.

Other speakers at the event included: Andrea Ammon, Director of the European Centre for Disease Prevention and Control; Peter Sands, the Executive Director of the Global Fund to Fight AIDS, Tuberculosis and Malaria; Hans Kluge, the World Health Organization's Regional Director for Europe and Kathleen van Brempt, MEP of the Progressive Alliance of Socialists and Democrats in the European Parliament.  

The World AIDS Day event was co-hosted and moderated by Marc Angel, MEP from Luxembourg and vice-president of the European Parliament.  He said, “Representing my country, I extend my deepest appreciation to Spain for joining the Global Partnership for action to eliminate all forms of HIV-related stigma and discrimination. As a UNAIDS Red Ribbon Leader for the “10-10-10" targets on societal enablers, I look forward to working closely with Spain, my own country, Luxembourg and, ideally, other EU Member States to end all forms of HIV-related stigma and discrimination in the EU, across Europe and beyond.”

The 10-10-10 targets are:

• Less than 10% of countries have punitive legal and policy environments that deny access to justice
• Less than 10% of people living with HIV and key populations experience stigma and discrimination
• Less than 10% of women, girls, people living with HIV and key populations experience gender inequality and violence.

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.

Brazil has joined the 34 countries that are part of the Global Partnership to take action to eliminate all forms of HIV-related stigma and discrimination. The country's entry into this group of nations was announced at a celebratory event of the International Day Against Homophobia, Biphobia, and Transphobia, held in Brasilia, Brazil’s capital and organized in partnership by UNAIDS, ILO, and the Ministry of Human Rights and Citizenship.

The Global Partnership is an initiative launched through a call for action from the NGO Delegation to the UNAIDS Programme Coordinating Board (PCB) in 2018 to remove HIV related stigma in six settings: healthcare, justice, community, workplace, educationa and humanitarian.  It is co-convened by UNAIDS, UN Women, the United Nations Development Programme (UNDP), the Global Network of People Living with HIV, and the Global Fund to Fight AIDS, Tuberculosis, and Malaria. It is also supported by a technical working group composed of 10 United Nations agencies and 24 partners and civil society organizations.

With Brazil, now 35 countries have formally joined the Global Partnership, committing to act against HIV-related stigma and discrimination in the contexts of healthcare services, educational settings, workplaces, justice systems, domestic and community environments, emergency systems, and humanitarian crises.

According to Luisa Cabal, the Regional Director of UNAIDS in Latin America, Brazil's entry into the Global Partnership is a significant step in the collective response against HIV-related stigma and discrimination in Latin America and the world. "By joining this initiative, Brazil reaffirms its commitment to defending human rights, promoting social inclusion, and eliminating barriers to access prevention, diagnosis, treatment, and ongoing response to HIV," she explains.

By joining the Global Partnership, Brazil will have access to a platform that will allow the country to share experiences and best practices with the other participating countries, creating opportunities for collective learning, strengthening the joint response to HIV-related stigma and discrimination.

"It is important to highlight that by joining the Global Partnership, Brazil will also reinforce its leadership role in the region and global diplomacy for health and human rights, demonstrating its commitment to equity and social justice," emphasizes Luisa Cabal.

It is indeed a precedent for the GP that commitment to join the Global Partnership has been witnessed by two Ministers.

Minister of Human Rights and Citizenship Silvio Almeida reiterated his unrestricted support and commitment to public policies promoting and protecting the rights of LGBTQIA+ people. ”For those who suffer violence, and are killed simply for being who they are, these people will be protected in a public commitment, and I renew this commitment not only as Silvio Almeida, but as Minister of State for Human Rights of Brazil” emphasized H.E.

Representing the Ministry of Health Helvécio Miranda, Secretary of Specialized Health Care, similarly shared the Ministry's commitment to embrace the agenda of LGBTQIA+ rights and ensure comprehensive healthcare access for all people emphasizing on a gender approach, and with a special focus on those at risk, with specific needs, or experiencing different forms of violence.

Vinícius Pinheiro, Director for Brazil at ILO, embraced the significance of the Global Partnership in promoting social justice and decent work with inclusion and opportunities for all people so that no one is left behind.

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.  

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.