News Article – Page 26

Questions and answers regarding the Advisory Opinion of the Inter-American Court of Human Rights on Gender Identity, Equality and Non-Discrimination of Same-Sex Couples, requested By the Republic of Costa Rica.

Panama City, February 2018 – UNAIDS welcomes the historic Advisory Opinion of the Inter-American Court of Human Rights (IHR Court), which interprets the American Convention on Human Rights to analyze aspects related to gender identity, gender equality and non-discrimination for same-sex couples. The IHR Court issued this Advisory Opinion following a request from the Government of Costa Rica, for which all signatory countries to the American Convention on Human Rights are bound.

In its decision, the Court reiterated its consistently held view that sexual orientation and gender identity are categories protected by the American Convention, in which all States “must recognize and guarantee all the rights that are derived from a family bond between people of the same sex”, including marriage. It requires governments to “guarantee access to all existing forms of legal domestic systems, including the right to marriage, to ensure the protection of all the rights of families formed by same-sex couples without discrimination”. The IHR Court also ruled that transgender people have the right to change their name in their identification documents in accordance with their self-perceived gender identification.

UNAIDS considers that the implementation of this decision will provide definitive support for HIV prevention, treatment and care enabling countries in Latin America and the Caribbean to make progress towards the zero discrimination target while leaving no one behind in the framework of the 2030 Sustainable Development Agenda.

This document’s objective is to facilitate the reading of the Advisory Opinion by detailing the answers to frequently asked questions and providing guidance on possible follow-up actions for civil society and communities.

What is the Inter-American Court of Human Rights (IHR Court)?

It is a judicial body of the Organization of American States (OAS), and is autonomous from other bodies within the same organization. The headquarters of the IHR Court are in San José, Costa Rica, and its objective is to apply and interpret the American Convention on Human Rights and other human rights treaties over which the Court has jurisdiction. This is achieved through the Inter-American System for the Protection of Human Rights.

What is the American Convention on Human Rights (the Convention)?

In November 1969, the Inter-American Specialized Conference on Human Rights was held in San José, Costa Rica, at which, delegates from Member States of the Organization of American States wrote the Convention, which came into effect on July 18, 1978. Currently, 23 nations are signatories to the Convention: Argentina, Barbados, Bolivia, Brazil, Colombia, Costa Rica, Chile, Dominica, Ecuador, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Suriname and Uruguay.

What is the jurisdiction of the Advisory Opinions issued by the IHR Court?

Member States of the OAS may consult the Court about the interpretation of the American Convention on Human Rights or other human rights instruments ratified by the American States. This is what Costa Rica did by consulting the IHR Court about the scope of the Advisory Opinion issued on the rights of people in same-sex relationships in terms of marriage and transgender people and their gender identity. This regional ruling, which is binding through Advisory Opinion OC-24/17, was issued on November 24, 2017.

What is the scope of a binding Advisory Opinion issued by the IHR Court?

When a State is signatory to an international treaty, such as the Convention, all of its bodies, including judicial and legislative powers, are bound to this treaty. Under this obligation, States must in good faith facilitate the necessary legislative, administrative and judicial reforms to adjust their internal regulations and practices to the progressive interpretation of the Convention. However, the IHR Court ruled that it is necessary that States find a way to overcome institutional and political difficulties to adjust their legislation to the new Advisory Opinion. These reforms are the result of legal developments, either judicial or legislative that cover other geographic zones in the continent and are understood as a progressive interpretation of the Convention.

Based on this decision by the IHR Court, can transgender people who live in countries that have ratified the American Convention legally change their name in line with their self-perceived gender?

The IHR Court ruled that changing one’s name, modifying one’s appearance, and correcting the sex category in registration and identification documents to reflect an individual’s self-perceived sex are human rights protected by the American Convention. As a result, States are obliged to recognize, regulate and establish the necessary procedures to guarantee these rights.

Based on the Advisory Opinion issued by the IHR Court, will people of the same sex be able to marry?

The IHR Court ruled that a family bond involving a same-sex relationship is protected by the Convention. Subsequently, it recognized that all property rights that arise from same-sex couple’s family relationships must be protected in the same manner as the property rights of heterosexual couples. Creating new legal entities is not necessary in order to guarantee same-sex couples’ rights, and thus the Court opted to extend existing institutions and rights to same-sex couples, including marriage, according to the pro persona principle.

What impact could the application of this advisory opinion have on the HIV response and for transgender people?

In its Advisory Opinion, the Court stated that “the recognition of gender identity by the State is of vital importance to guarantee the full enjoyment of human rights by transgender people”. This includes, among other rights, protection against all forms of violence, torture and mistreatment, as well as the guaranteeing the rights to health, education, employment, housing, and access to social security, including the right to free expression and association. The full enjoyment of rights by transgender people positively impacts their access to essential prevention, treatment, care and support services related to HIV. Experience has demonstrated that access to services and HIV prevention increase when these are provided in safe environments that are free of stigma and discrimination. Transgender people who can fully enjoy their human rights have greater opportunities to participate and freely use these services, just like any other citizen.

What impact could the application of this Advisory Opinion have on HIV prevention, treatment, and care for people who have been excluded and discriminated against because of their sexual orientation and haven’t enjoyed legal recognition of same-sex relationships?
With the recognition of same-sex couples, the Court has continued its effort to reduce stigma and discrimination against people due to their sexual orientation, which will contribute to a more inclusive society, enabling people who identify as gay, bisexual and lesbian to access healthcare services, including those related to HIV prevention, treatment and care, in a free and safe environment and on an equal basis.

What concrete actions must be carried out to implement the Advisory Opinion at a country level?

We suggest developing a political advocacy plan in a participatory manner by encouraging more diverse participation from civil society that facilitates social and community mobilization and influences decision-making regarding the implementation of the Advisory Opinion. Related activities include:

Analysis and adaptation of the Advisory Opinion to the national legal framework.

Developing a suitable intervention plan for existing bodies and mechanisms in the country, in accordance with the Convention.
Devising a communication plan that includes press releases, interviews, and collecting opinions from experts and human rights defenders.
Carrying out a follow-up and monitoring plan.

‘Justice for Our Girls’ March to take aim at inequality and violence

GEORGETOWN, GUYANA: The “Justice for Our Girls” March, scheduled for 10 March, will focus on the fight against gender inequality and gender-based violence.

The activity is being organised by the Student Society Against Human Rights Violations in collaboration with Life in Leggings: Caribbean Alliance Against Gender-based Violence.

The event will see participants assembling at the Square of the Revolution before moving along Brickdam to the Stabroek Market Square.

There will be speeches, cultural performances, and free social services, such as on-site HIV testing, after the March.

According to Student Society Against Human Rights Violations member Akola Thompson, the March is centered upon intersectional feminism.

“Mental health, sexual and reproductive health and rights, women and child safety and LGBT rights are topics that will be addressed at the March through speeches, performances and group engagements,” she said.

A similar event was held last March when a large number of persons joined others around the Caribbean who marched in recognition of the historic achievements women have made worldwide, and to continue the struggle for equality.

Zero Discrimination Day 2018 – 1 March 2018

No one should ever be discriminated against because of their age, sex, gender identity, sexual orientation, disability, race, ethnicity, language, health (including HIV) status, geographical location, economic status or migrant status, or for any other reason. Unfortunately, however, discrimination continues to undermine efforts to achieve a more just and equitable world. Many people face discrimination every day based on who they are or what they do. Read the UNAIDS Zero Discrimination brochure here.

Download social media and other campaign materials here.

Towards Just and Inclusive Communities: A Statement on Sec.377 of IPC

We, the members of the National Ecumenical Forum for Gender and Sexual Diversities of the National Council of Churches in India note the decision of the Supreme Court of India on 8th January 2018 to refer to a Constitution Bench a petition seeking to quash Section 377 of the Indian Penal Code which criminalizes homosexuality. The apex court has observed that a section of people cannot live in fear of the law which atrophies their right to choice and natural sexual inclinations.

Homosexuality and homo-eroticism have been practiced in India from time immemorial. Homosexual activity was never condemned or criminalized in ancient India. Such activities were tolerated as long as people fulfilled the societal expectations of marriage and procreation.

This is the context in which the British came to India as part of their mission of colonial expansion.

In Great Britain, from the Middle Ages, heterosexuality was understood as the divinely ordered and natural norm for human sexuality, and any deviance from this norm was perceived as immoral and unnatural, and hence a sin against God. Christian sexual ethics based on heteronormativity thus led to the imposition of Sodomy Law in Great Britain.

The understanding of sexual ethics of the British colonial administration was deeply influenced by Victorian morality and its particular interpretation of the Judeo-Christian scripture and theology. So, the British authorities considered tolerance towards homosexuality as a social evil, and based on heteronormative principles, they initiated stringent measures to criminalize homoeroticism as part of their mission to civilize the heathens in India. In 1861, the British colonial administration imposed the Sodomy Laws in India to “purify” and “cure” the Indians of their primitive and deviant sexual practices.

Today, there are around seventy countries in the world which continue to criminalize private same-sex intimacy between consenting adults, and eleven countries that still impose the death penalty for homosexuals. The fact is that most of these countries are former British colonies. However, in 1967, the United Kingdom repealed the Sodomy laws, and the Church of England played a significant role in it. The first report in Britain, calling for decriminalization, was initiated and published by the Anglican Church. Further, there was a significant Anglican presence in the Wolfenden Committee, appointed by the government, which recommended to the Parliament to repeal the Sodomy Law.

In the contemporary context of growing fascism, it is important for us to understand the Sodomy Law as legal codes of fascism as they provide the State the power to intervene, invade, regulate, and monitor even the intimate spheres of human life. The Sodomy Law legally sanctions a regime of imperial gaze where the people are always under the surveillance of the State. This repressive legal code further reduces human body and sexuality into “colonies” that can be invaded, tamed, and redeemed with the display of abusive power by the law enforcement officers and the judiciary of the State, and the violent interventions of moral policing by the Religious Right.

There have been different initiatives, campaigns and litigations to repeal Sec 377. On July 2nd 2009, in a historic verdict, the Delhi High Court repealed Sec 377. According to the learned judges, “If there is one constitutional tenet that can be said to be underlying theme of the Indian Constitution, it is that of ‘inclusiveness’… In our view, Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconceptions of who the LGBTs are. It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster the dignity of every individual…We declare that Section 377 IPC, insofar it criminalizes consensual sexual acts of adults in private, is violative of Articles 21, 14 and 15 of the Constitution.”

However, the Supreme Court of India, in a verdict given in 2013, set aside the verdict of the Delhi High Court. “We hold that Section 377 does not suffer from unconstitutionality and the declaration made by the High Court is legally unsustainable… However, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 from the statute book or amend it.”

A Constitution Bench of the Supreme Court of India, in a verdict on August 24, 2017, held that “right to privacy is an intrinsic part of Right to Life and Personal Liberty under the Constitution.” “Discrete and insular minorities face grave dangers of discrimination for the simple reason that their views, beliefs or way of life does not accord with the ‘mainstream.’ Sexual orientation is an essential attribute of privacy. Discrimination against an individual on the basis of sexual orientation is deeply offensive to the dignity and self-worth of the individual.” This verdict gave a great boost to the initiatives to decriminalize homoeroticism in India.

Soon after the Delhi High Court verdict repealing Sec 377, the NCCI organized a roundtable to reflect upon the verdict theologically and biblically. The statement of the roundtable affirmed that “We recognize that there are people with different sexual orientations. Our faith affirmation that we are created in the image of God makes it imperative for us to reject systemic and personal attitudes of homophobia against sexual minorities. . . We envision Church as a sanctuary to the ostracized who thirst for understanding, friendship, love, compassion, and solidarity. We appeal to churches to sojourn with sexual minorities and their families ministerially, without prejudice and discrimination, to provide them ministries of love, compassionate care, and justice. We request the National Council of Churches in India and its member churches to initiate an in-depth theological study on Human Sexuality for better discernment of God’s purpose for us.”

In the Indian context of religious diversity, it is important to initiate interfaith coalitions to campaign against homophobia. An interfaith round table was organized in 2014 which brought together theologians, clerics, and practitioners of all major religious traditions in India. The statement of the interfaith roundtable affirmed that: “We commit ourselves to critically engage with our belief systems and practices to review and re-read scriptures and moral codes that stigmatize and demonize people who are different from us. We condemn homophobia and bigotry as morally unacceptable and commit ourselves to eradicate this sin from our religious communities. We pledge to accompany friends who are stigmatized and criminalized due to their sexual orientations and to provide them fellowship and solidarity in their struggles to love and live with dignity. We commit ourselves to transform our worship places to welcome and provide safe spaces for sexual minorities. We discern the need to reclaim and reinterpret our traditions and rituals, festivals and feasts, scriptures and practices, to liberate our religions from the shackles of ideologies of exclusion such as patriarchy, casteism, and homophobia. . . We call upon religious leaders to condemn homophobia and to practice non-discriminatory hiring policies in their institutions, and also to follow affirmative action to end the discrimination that transgendered people face in admissions and appointments. We affirm our resolve to work tirelessly to create a new world of compassion, justice, inclusivity, and acceptance where the divine gift of sexuality will be celebrated in all diverse manifestations of affirmative love.”

Hence churches in India need to give responsible consideration to the initiative of the Supreme Court of India to review Sec 377 in the light of constitutional rights and the right to privacy and the gospel of justice and love. As followers of the non-conformist Christ, the one who consistently questioned unjust and non-compassionate traditions of public morality, our call is to reject all laws that demonize, criminalize, and exclude human beings and work to facilitate just inclusive and loving communities.

In Solidarity,

Members,
National Ecumenical Forum of the Gender and Sexual Diversities,
National Council of Churches in India.

Religious leaders urge colleagues to encourage People Living with HIV to get medical tests even if they get spiritual healing

Image: Executive director of the Jamaica AIDS Support for Life (JASL), Kandasi Levermore

There is currently no known medical cure for HIV and AIDS, but national superintendent for the United Pentecostal Church of Jamaica (UPCJ), Bishop O’Garth McKoy, said he has encountered individuals who have been healed from the disease.

The pastor recounted the case of one woman, who he said was healed after he anointed and prayed for her.

“She was a member, but she was out for a while and she came to me and told me that she found out she was HIV-positive, so as a result, she asked me to pray for her. I don’t usually do this on a whim, because several persons have come to me and I have never really felt a pull to pray for them,” McKoy told The Sunday Gleaner.

He said he instructed the woman to check back with her physician, and she was able to receive proof that she no longer had the disease.

“She went and did the test and the stakeholders believed that no, something is wrong, and they did it again and after two consecutive retests, so to speak, she was declared clear,” said McKoy.

MISSING OUT

Executive director of the Jamaica AIDS Support for Life (JASL), Kandasi Levermore, has expressed concern that several of the group’s clients have abandoned treatment in recent times because they were declared healed by a pastor after being prayed for.

“So when we reach out to them, they are missing out on care, they are not coming to the clinic and they are getting worse, their outcomes are declining,” she said.

Representatives of the Jamaica Council of Churches (JCC) are scheduled to meet with Levermore on February 2019 to discuss the issue.

Newly appointed president of the JCC, Merlyn Hyde-Riley, cautions persons against using spirituality as a deterrent to taking their medication.

“Yes, we should have faith and we should trust and believe God for our healing, but I believe God also heals us through different means and it is not always supernatural, it can be through the natural, which is the medication or whatever is available to help in that process,” said Hyde-Riley.

NEVER ASSUME

“I also believe in supernatural healing, and that God can do what God chooses to do. However, one should never assume that because they pray for healing it means that is consistent with God’s will for their life and that it will necessarily happen,” added Hyde-Riley, who is also the associate general secretary for the Jamaica Baptist Union.

McKoy said he also believes in miracles, and he is of the firm view that persons can be healed from debilitating illnesses such as HIV/AIDS.

“I am not saying in every case it would happen, but I know it has happened quite a number of times,” said McKoy, even as he cautioned fellow pastors against advising persons to stop taking their medications.

According to McKoy, he always instructs persons to check with their doctor after they have been healed.

“You have a responsibility to have them go to the medical practitioners to validate same thereafter, so that is a rule I operate with consistently for the past 24 years or so,” he said.

“If they come and say they are cleared, then automatically they would stop take it (medication), but I don’t advocate for it,” added McKoy.

The pastor said given the concerns, he intends to raise the issue with pastors within the UPCJ during their upcoming convocation this month. The church body comprises 123 established churches and another 24 satellite churches.

PAHO, Barbados and six Eastern Caribbean countries sign multi-country cooperation strategy for the next six years

Washington, DC, 2 February 2018 (PAHO/WHO) – High-level officials from Antigua and Barbuda, Barbados, Dominica, Grenada, St. Kitts and Nevis, Saint Lucia and St. Vincent and the Grenadines joined the Director of the Pan American Health Organization/World Health Organization (PAHO/WHO), Carissa F. Etienne, today in signing a new multicountry strategy for technical cooperation in health through 2024.

“This strategy is your vision of how PAHO/WHO can best support the work of your ministries of health in improving the health of their people,” Etienne told the Caribbean health leaders. “It is aligned with your countries’ national health policies, strategies and plans as well as with established Caribbean-wide health goals and the United Nations Multicountry Sustainable Development Framework for the Caribbean.”

The new strategy is the second agreement of its kind between PAHO and this group of countries. It focuses on achieving previously unmet goals while also addressing new challenges the countries face, including health sector reform required to respond to the needs of aging populations, the growing burden of noncommunicable diseases, and the health effects of climate change, among others.

The 2018-2024 Multi-country Cooperation Strategy for Barbados and Eastern Caribbean Countries is based on five strategic priorities: strengthening the countries’ health systems to advance universal health coverage and access; reducing deaths and illness from communicable diseases like HIV, tuberculosis and hepatitis B; achieving optimum family health throughout the life course; reducing the burden of noncommunicable diseases (NCDs); and strengthening preparedness and response to health emergencies and disasters while also reducing environmental threats and risks.

“We hope that the priorities defined in this strategy will provide the support you need in the coming years to continue to make your health systems more resilient and to ensure that you achieve universal access to health and universal health coverage, as well as your other national health goals,” said Etienne.

During the signing event, Dr. Godfrey Xuereb, PAHO/WHO Representative for Barbados and the Eastern Caribbean countries, noted that the strategy was developed through a consultative process involving all the countries and representatives from the public and private health sector, other government ministries, nongovernmental organizations, civil society and key development partners.

Present to sign the agreement at PAHO headquarters in Washington, D.C., were: Minister of Health and Environment of Dominica Kenneth Darroux; Minister for Health and Wellness of Saint Lucia Mary Isaac; Chief Medical Officer of Antigua and Barbuda Rhonda Sealey-Thomas; Chief Medical Officer of Grenada George Mitchell; Ambassador to the US and the Organization of American States (OAS) of Barbados Seldon Charles Hart; Ambassador to the US of St. Kitts and Nevis Thelma Phillip-Browne; and Alternate Representative to the US and the OAS of Saint Vincent and the Grenadines Gareth Bynoe. Also attending the signing event was the Director General of the Organisation of Eastern Caribbean States Secretariat Didacus Jules; and Ana Treasure, Head of PAHO’s Country and Subregional Coordination.

“PAHO/WHO looks forward to continue working with other agencies and institutions, such as the Caribbean Public Health Agency, the University of the West Indies and the Organization of Eastern Caribbean States Secretariat, to improve the health of the Peoples of Barbados and the Eastern Caribbean,” Etienne said. The signing took place a day after Etienne assumed her second term as PAHO Director.

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The Pan American Health Organization (PAHO) works with the countries of the Americas to improve the health and quality of life of its population. Founded in 1902, it is the world’s oldest international public health agency. It serves as the Regional Office of WHO for the Americas and is the specialized health agency of the Inter-American system.

CONTACTS:

Leticia Linn, linnl@paho.org, Tel. + 202 974 3440, Mobile +1 202 701 4005, Sebastián Oliel, oliels@paho.org, Tel. +202-974-3459, Mobile +1 202- 316 5679, Communications, PAHO/WHO – www.paho.org

Paperwork begins for possibly introducing HIV prevention pill to male homosexuals- SASOD

Male homosexuals in Guyana might soon be able to drink a daily pill to reduce the chances of contracting the Human Immuno-deficiency Virus (HIV) that causes Acquired Immune Deficiency Syndrome (AIDS) by more than 90 percent if preparations go well, the country’s leading gay rights organisation said Wednesday.

Head of the Society Against Sexual Orientation Discrimination (SASOD), Joel Simpson told a news conference that permission would first be obtained from the Ministry of Public Health and decisions would have to be made about whether the preventative pill would be generic or brand name and whether users would be required to sign an agreement to participate in the trial.

Simpson said before the possible introduction of the pill in Guyana, SASOD would be conducting a survey to determine whether Guyanese homosexuals- men who have sex with men- would prefer to use that preventative medicine or rely on other forms of HIV prevention.

He said SASOD would be working with the Trinidad-based Caribbean Public Health Agency and the regional office of the Pan American Health Organisation /World Health Organisation (PAHO/WHO) on introducing the Pre-Exposure Prophylaxis (PrEP) pill whose brand name is Truvada.

“We want to explore if this is a viable method of HIV prevention for vulnerable groups in Guyana so we are going to start with one population, one that is very popular to us – men who have sex with men- and we are going to be doing a feasibility about that with the intention of determining whether we should later go on to do a demonstration project to determine whether it actually works,” he said.

The SASOD co-founder said if the study shows that the pill should be introduced in Guyana, persons would be administered the drug for nine months during which time they would be tracked to determine whether it has been successful.

SASOD has already sent Truvada’s manufacturing company, GILEAD Inc; a concept note to possibly acquire a quantity of that prophylaxis drug free of cost for the demonstration that could begin in 2019.

Estimates show that to supply 100 persons Truvada for nine months could cost US$75,000.

Simpson said a demonstration project is always required before introducing certain medicines. He noted that with dwindling donor resources for the fight against HIV and AIDS, Truvada is a viable option to prevent transmission of the virus.

With regards to seeking permission from the Ministry of Public Health, he said SASOD was currently preparing “all the documents” for an ethics review application following talks with the Health Sector Development Unit and the National AIDS Programme Secretariat. “People are asking for the research, people are asking for the information to be able to say that this is a viable option that should be pursued so we don’t see any impediments to work in this area,” he said.

The right to life for people living with HIV is the same as for anyone else – UNAIDS

Erika Castellanos is a transgender woman living with HIV from Belize engaged in advocacy at the local, regional and international levels. She is currently serving as the Vice-Chair of the Global Network of People Living with HIV (GNP+) and is the Director of Programmes at GATE. Before joining GATE, Erika served as the Executive Director of the Collaborative Network of Persons Living with HIV, Belize. Since 2016, she has been a member of the Communities Delegation to the Board of the Global Fund to Fight AIDS, Tuberculosis and Malaria and a member of the International Group of Trans Women and HIV. She served as a delegate from Latin America and the Caribbean to the UNAIDS Programme Coordinating Board.

What does the right to health mean to you?

For me, the right to health is the full enjoyment of the highest possible standard of health. It means to be able to enjoy a state of complete physical, mental and social well-being, which is not just the absence of disease. It is a fundamental right that all people are entitled to, regardless of their sex, sexual orientation, gender identity, economic situation, profession, education or the country they live in.

My right to health includes being able to access services without fear of discrimination — affordable and high-quality services that are client-centred and based on the needs of the individual. It means that I have access to gender-affirming care, antiretroviral therapy, diagnostic laboratory tests and mental health services, all within an environment free from discrimination and judgement.

What is preventing people living with HIV from being able to exercise their right to health?

People living with HIV are prevented from exercising our right to health owing to social, political and institutional discrimination. Key populations who are also living with HIV experience those barriers much more and with more impact.

In many parts of the world, we are criminalized and accessing health services can lead to outing ourselves. We are forced to live in an underground world by hate and stigma and fear of the unknown. Health services are designed and geared towards cisgender heterosexual people and are not welcoming to us.

What more can be done to make sure that all people living with HIV can access services?

Many things can be done to improve our access to services. Services should be designed and implemented by our communities and we need evidence-informed services that meet our needs. There needs to be decriminalization of key populations and decriminalization of HIV. Services should be client-driven and client-lead, instead of doctor-led.

In a nutshell, empowered people and communities must be able to demand and deliver services in partnership with nonjudgemental, discrimination-free health systems within a legal and policy environment that sees us as human beings irrespective of our HIV status, sexual orientation, gender identification, drug use or profession.

Do you think the situation has improved at all over the past 20–30 years?

The situation has certainly improved over the past 20–30 years, but in some countries, instead of moving forward, things are going backwards when it comes to the enjoyment of human rights by people living with HIV. This is not the time to celebrate and pat us on the back, it is the time to redouble efforts and make sure that every single person in the world can fully enjoy the right to health. As a transgender woman living with HIV for 22 years, I have seen the changes throughout the years and I am happy to say that today we live in a better world. In a world where I do not have to hide my status, in a world where being HIV-positive does not equal death. In a world where I can now plan for a future and in which I have allowed myself to love and be loved.

GNP+ is the global network for and by people living with HIV. GNP+ works to improve the quality of life of all people living with HIV by advocating for and supporting fair and equal access to treatment, care and support services for people living with HIV around the world.

GATE is an international organization working on gender identity, sex characteristics and, more broadly, on bodily diversity issues. GATE works on supporting transgender, gender diverse and intersex movements by producing and making available critical knowledge, promoting their access to organizational resources and advocating with them to make human rights a lived reality.

Read more in the UNAIDS’ report Right to Health.

Caribbean Activists Welcome Inter-American Court Opinion on LGBT Rights

Contributor: Dane Lewis, Regional Programme Manager, CariFLAGS

The Caribbean Forum for Liberation and Acceptance of Genders and Sexualities (CariFLAGS) celebrates the recent advisory opinion by the Inter-American Court of Human Rights (IACHR) which referred to its constant case law whereby sexual orientation and gender identity are protected categories against discrimination under the Inter-American Convention on Human Rights. It stated that any discriminatory rule, act or practice based on these characteristics of an individual are prohibited.

The release noted that the right to gender and sexual identity is tied to the concept of freedom and the capacity of human beings for self-determination and to freely choose the options and circumstances that make sense of their existence, according to each person’s choices and beliefs. It spoke boldly to the right to legal recognition of one’s gender identity and name change procedures and affirmed that “the recognition of gender identity by the state is key to guaranteeing the full enjoyment of human rights by trans people.” It also spoke to equal marriage noting that countries “must recognize and guarantee the rights that are derived from a family bond between people of the same sex.” The Court held that the way in which the Convention addresses discrimination on the basis of sexual orientation cannot be conditional upon religious or philosophical beliefs.

The court’s advisory is timely, particularly in light of the current concerted efforts of activists globally, in the Caribbean and at national levels to end stigma and discrimination that adversely impacts the enjoyment of basic human rights.

Although only binding in the jurisdictions that are parties to the Convention, the advisory’s importance and historic significance must not go unnoticed by the region. We urge our governments, all people of the Caribbean as well as our key partners in development, to continue to and scale up all efforts to ensure that our societies are constructed on the principles of social justice, equality, mutual respect, inclusion and participation.
CariFLAGS calls for leadership and cooperation at all levels to engender and promote the legislative, administrative, and judicial reforms needed to adapt our local legal systems, laws and policies towards the advancement of recognition and promotion of rights for all. CariFLAGS stands poised to play a key leadership role in this regard with activists who are at the forefront of their national movements.

CariFLAGS articulates an indigenous lesbian, gay, bisexual, transgender and intersex (LGBTI) voice and agenda for the Caribbean with governments, civil society, donors, international partners and the global LGBTI movement; works to expand leadership, infrastructure and environments at the community-level whereby Caribbean LGBTI people can enjoy safety and support, be linked to services, community, health, spirituality and empowerment, influence policy and legislation, utilize judicial and human rights institutions, and deepen political participation and alliance-building.

We work to ensure justice, social inclusion, access to the fruits of citizenship, and to build Caribbean nations and a regional movement. The CariFLAGS secretariat is based at the Society Against Sexual Orientation Discrimination (SASOD) in Georgetown, Guyana.

CRN+ Chair participated in UNAIDS Programme Coordinating Board (PCB) Meeting

Image: CRN+ Chair, Mr Winfield Tannis-Abbot participating as a member of the Civil Society Advisory Group (CSAG) to the UNAIDS Programme Coordinating Board NGO Delegation

The CRN+ Chair, Mr Winfield Tannis-Abbot, participated as a member of the Civil Society Advisory Group (CSAG) to the UNAIDS Programme Coordinating Board NGO Delegation and present at the Thematic Segment of the UNAIDS Programme Coordinating Board (PCB) meeting held on 14 December 2017. The Chair also participated in the UNAIDS PCB side events from 11-14 December 2017 and utilised the opportunity to network on behalf of CRN+.

The UNAIDS Programme Coordinating Board agreed to:

Request UNAIDS’ continued support to member states, through collaboration with community-based organizations and civil society, for monitoring and reporting, including through the Global AIDS Monitoring system, on progress made toward the Fast-Track targets, using where feasible disaggregated data, as a means of leaving no one behind;

Requests UNAIDS and member states, in partnership with civil society organizations and all other relevant stakeholders to:
• Develop and apply country-level, community-participatory evidence gathering methodologies to identify barriers and measure the level and quality of access to services for all at-risk populations so as to leave no one behind;
• Develop methods for assessing community engagement in countries, in line with the core principles of the Joint Programme and the UNAIDS Strategy 2016-2021;
• Request the UNAIDS to facilitate partnerships between member states and community-based organizations to help ensure effective action to meet HIV prevention, early diagnosis and treatment needs so as to leave no one behind.