A/HRC/29/23
have expressed concerns in this context about developments in Kyrgyzstan, Nigeria, the
Republic of Moldova, the Russian Federation, Uganda and Ukraine.79
49.
In some cases, these laws have been accompanied by bans on non-governmental
organizations receiving funding from abroad, allegedly in order to curb the influence of
“foreign agents”.80 Such measures put defenders at risk of arrest, violence and
discrimination, and can threaten rights relating to, inter alia, health, education, cultural
expression and information. 81
B.
Discriminatory practices82
1.
Health care
50.
Laws criminalizing homosexuality and the discriminatory policies, practices and
attitudes of health-care institutions and personnel adversely affect the quality of health
services,83 deter individuals from seeking services, 84 and may lead to the denial of care or to
an absence of services that respond to the specific health needs of LGBT and intersex
persons.85
51.
The negative health impact of laws criminalizing homosexuality has been widely
acknowledged, including by the World Health Organization (WHO), the United Nations
Development Programme (UNDP), the Joint United Nations Programme on HIV/AIDS
(UNAIDS), the treaty bodies and the special procedures of the Human Rights Council.86
The Global Commission on HIV and the Law found, for instance, that in Caribbean
countries with laws that criminalize homosexuality, almost one in four men who have sex
with men is HIV positive; the equivalent figure in Caribbean countries with no such laws is
one in 15.87
52.
There is mounting concern about so-called “conversion therapies” intended to
“cure” homosexual attraction. Such therapies have been found to be unethical, unscientific
and ineffective and, in some instances, tantamount to torture – leading to successful legal
challenges and bans in several countries.88 In Ecuador, concerns have been raised about
79
80
81
82
83
84
85
86
87
88
14
See A/HRC/23/51, UKR 3/2012; A/HRC/25/74, MDA 4/2013; RUS 3/2013, RUS 4/2013;
A/HRC/26/21, NGA 1/2014, UGA 1/2014, UGA 1/2013; A/HRC/27/72, KGZ/1/2014.
A/HRC/25/74, RUS 3/2013.
See A/66/203, paras. 17-18, A/69/307, paras. 84-89.
See also A/HRC/19/41, paras. 48-73.
See CCPR/C/TUR/CO/1, para. 10, CEDAW/C/NOR/CO/8, paras. 33-34.
See CCPR/C/JAM/CO/3, paras. 8- 9, A/HRC/14/20, paras. 20-23. See also UN Free & Equal
factsheet, “Criminalization” (available at www.unfe.org/en/fact-sheets).
See A/64/272, para. 46.
See “Secretary-General, in observance message, equates fight against homophobia with struggle to
eliminate racism, promote gender equality”, press release, 16 May 2013; E/C.12/JAM/CO/3-4, para.
28; and Risks, Rights and Health, Global Commission on HIV and the Law, UNDP, 2012, in
particular pp. 44-54.
Ibid., p. 45.
See A/HRC/22/53, para. 88; Sharon Bernstein, “Supreme Court won't intervene in California ban on
gay-conversion therapy”, Reuters, 1 July 2014; and Ed Adamczyk, “Beijing court rules gayconversion clinic treatments illegal”, UPI, 19 December 2014.
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