David Scamell LLM, University of Essex

1. David Scamell LLM, University of Essex “These Laws Are Making Me Sick”The Right to Health As An Advocacy Tool for MSM Decriminalization

2. Right here, right now Growing global/local movements addressing sexual orientation and gender identity criminalization, stigma and discrimination Acknowledgement of MSM epidemics in low and middle income countries Emergence of health and human rights discourse, and clearer definition of an international right to health

3. Our right to health Every human has a right to health facilities, services, goods and programs that are: Available (of a sufficient quantity) Accessible (without discrimination, affordable, physically accessible, accessible information) Acceptable (ethically and culturally) Quality (scientifically and medically appropriate) General Comment 14, CESCR (para 12)

4. State obligations under the right to health Establish HIV prevention, education and treatment programs (para 16) Refrain from denying or limiting equal access to these programs, by removing laws that interfere with the right to health (para 34, 50) Ensure that MSM as a vulnerable or marginalized group have accessby preventing discrimination on the basis of sexual orientation (para 18, 43) General Comment 14, CESCR

5. Criminal laws hinder HIV responses… Marginalizes MSM and makes them harder to reach Prevents effective, evidence-based HIV policy Fuels stigma and discrimination leading to high-risk behavior

6. Criminal laws hinder HIV responses… Top Five Countries with Highest HIV Prevalence Among MSM UNGASS 2008 Country Progress Reports; amfAR, 2008; Ottoson 209

7. Criminal laws hinder HIV responses… UNGASS 2008 Country Reports: Asia UNGASS 2008 Country Progress Reports; Ottoson 209

8. …And violate the right to health “The criminalization of private, consensual same-sex conduct creates an environment that is not conducive to affected individuals achieving full realization of their right to health. Health services must be accessible for all, without discrimination, especially for the most vulnerable or marginalized sections of the population.” UN Special Rapporteur on the Right to Health, A/HRC/14/20

9. Why use the right to health? More than a right to be left alone, a call for Governments to take public action Highlights the social implications of criminalization Speaks to both public health and human rights advocates Another tool in the advocacy toolkit

10. How the right to health can be used Empower LGBT and MSM communities Gain public health and human rights allies Attract interest from health and social science researchers An entry point for Health Ministry/Foreign Ministry

11. Next steps Incorporate the language of right to health into global/local decriminalization movements Build on the evidence-base on the impact of criminalization Closer alliance between public health and human rights advocates A right to health Toonen

12. Thank you Professor Paul Hunt, University of Essex ACON Open Society Institute – Public Health Program