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HealtH and Human RigHts ResouRce Guide HealtH and Human RigHts ResouRce guide table of contents Introduction Chapter 1: Patient Care and Human Rights Chapter 2: HIV, AIDS, and Human Rights Chapter 3: TB and Human Rights Chapter 4: Harm Reduction and Human Rights Chapter 5: Palliative Care and Human Rights Chapter 6: Children’s Health and Human Rights Chapter 7: Minority Health and Human Rights Chapter 8: LGBTI, Health and Human Rights Chapter 9: Disability, Health, Community Living and Human Rights Health and Human Rights Resource Guide Copyright © 2013 FXB Center for Health and Human Rights and Open Society Foundations. All rights reserved. Fifth Edition, November 2013 Cover photograph courtesy of Sven Torfinn - Panos for the Open Society Foundations, “A paralegal nurse named Mercy and a lawyer named Johnson, both with Nyeri Hospice in Nyeri, Kenya talk with Elizabeth (center) about her health and property. She has cancer and is cared for by her granddaughter Caroline (to her left). She wants to ensure her granddaughters can inherit her property even though other relatives are trying to claim it.” FXB Center for Health and Human Rights Open Society Foundations http://harvardfxbcenter.org/ http://www.opensocietyfoundations.org/ Chapter 8 LGBTI, HEALTH AND HUMAN RIGHTS …[T]here is nothing new or special about the right to life and security of the person, the right to freedom from discrimination. These and other rights are “universal … enshrined in international law but denied to many of our fellow human beings simply because of their sexual orientation or gender identity. — United Nations High Commissioner for Human Rights Navi Pillay, 2012 ” Health and Human Rights Resource Guide Copyright © 2013 FXB Center for Health and Human Rights and Open Society Foundations. All rights reserved. Fifth Edition, November 2013 Cover photograph courtesy of U.S.Consulate General Chennai, “LGBT activists at Chennai’s fourth annual Pride March at Elliot’s Beach on Sunday, June 24, 2012.” FXB Center for Health and Human Rights Open Society Foundations http://harvardfxbcenter.org/ http://www.opensocietyfoundations.org/ LGBTI Health Table of Contents Introduction ................................................................................................................................................................. 8.1 1. How is health a human rights issue for LGBTI persons? ........................................................................................8.2 What are the issues and how are they human rights issues? .............................................................................8.2 What are LGBTI health rights? .............................................................................................................................8.4 What are human rights-based approaches for upholding the health rights of LGBTI persons? ......................8.11 2. What are the most relevant international and regional human rights standards related to LGBTI health? ..... 8.14 How to read the tables........................................................................................................................................ 8.14 Abbreviations .......................................................................................................................................................8.15 Table A: International Human Rights Instruments and Protected Rights and Fundamental Freedoms ......... 8.16 Table B: Regional Human Rights Instruments and Protected Rights and Fundamental Freedoms ................ 8.17 Table 1: LGBTI Health and the Right to Life ....................................................................................................... 8.18 Table 2: LGBTI Health and Freedom from Torture or Cruel, Inhuman, or Degrading Treatment ....................8.20 Table 3: LGBTI Health and the Right to Bodily Integrity .................................................................................... 8.23 Table 4: LGBTI Health and the Right to Non-discrimination ............................................................................8.24 Table 5: LGBTI Health and the Right to the Highest Attainable Standard of Health .......................................8.28 Table 6: LGBTI Health and the Right to Privacy .................................................................................................8.30 Table 7: LGBTI Health and Freedom from Arbitrary Arrest and Detention ...................................................... 8.32 Table 8: LGBTI Health and Freedom of Assembly and Association .................................................................. 8.33 Table 9: LGBTI Health and Freedom of Expression and Information ............................................................... 8.35 Table 10: LGBTI Health and the Right to Marry and Found a Family ................................................................ 8.37 Table 11: LGBTI Health and the Right to Education ...........................................................................................8.39 Table 12: LGBTI Health and the Right to Work .................................................................................................. 8.41 Table 13: LGBTI Health and the Right to Social Security ...................................................................................8.43 3. What is a human rights-based approach to advocacy, litigation, and programming? ........................................8.44 What is a human rights-based approach? .........................................................................................................8.44 What are key elements of a human rights-based approach? ............................................................................ 8.45 Why use a human rights-based approach? ........................................................................................................ 8.45 How can a human rights-based approach be used? .........................................................................................8.46 Health and Human Rights Resource Guide © 2013 FXB Center for Health and Human Rights and Open Society Foundations LGBTI Health 4. What are some examples of effective human rights programming in the area of LGBTI and health? ...............8.47 Example 1: Gay rights advocacy in Romania ......................................................................................................8.48 Example 2: Lesbian rights and women rights in Namibia ................................................................................8.50 Example 3: The rights of transgender persons in The Netherlands .................................................................. 8.52 Example 4: Criminality of same-sex sexual activity in Belize ............................................................................. 8.54 Example 5: The rights of children born with variations of reproductive or sexual anatomy in the US ............8.56 5. Where can I find additional resources on health and human rights for LGBTI persons? .................................... 8.58 A. International Instruments ............................................................................................................................. 8.58 B. Regional Instruments ....................................................................................................................................8.59 C. Other Statements and Declarations ............................................................................................................ 8.60 D. LGBTI and Human Rights ............................................................................................................................. 8.61 E. LGBTI and Discrimination ............................................................................................................................ 8.61 F. LGBTI and the Right to Health ..................................................................................................................... 8.61 G. Violence and Torture against LGBTI Persons ...............................................................................................8.62 H. Networks ........................................................................................................................................................8.64 I. Websites .........................................................................................................................................................8.64 6. What are key terms related to LGBTI health and human rights?........................................................................8.65 © 2013 FXB Center for Health and Human Rights and Open Society Foundations Health and Human Rights Resource Guide LGBTI Health INTRoductioN This chapter will introduce you to key issues and resources in the health and human rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons. This chapter is organized into six sections that answer the following questions: 1. How is health a human rights issue for LGBTI persons? 2. What are the most relevant international and regional human rights standards related to LGBTI health? 3. What is a human rights-based approach to advocacy, litigation and programming? 4. What are some examples of effective human rights-based work in the area of LGBTI health? 5. Where can I find additional resources on health and human rights for LGBTI persons? 6. What are key terms related to health and human rights for LGBTI persons? 8.1 Health and
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