Legal Recognition of Gender Identity of Transgender People in India: Current Situation and Potential Options. Chakrapani V and Narrain N. (2013)

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The overall purpose of the assignment was to build an evidence-base for improving universal access to HIV prevention services, rights and social protection services for hijras/transgender people.
The specific objective is to prepare a background paper that will provide:
• information on the current situation of the legal recognition of gender status of hijras and other transgender people in India; and
• potential models for India-relevant laws for legal recognition of the gender status of hijras and other transgender people

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Legal Reference Brief Bangladesh: Protective Laws Related to HIV, Men who have Sex with Men and Transgender People. SAARCLAW, IDLO and UNDP. (2013)

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The first case of HIV in Bangladesh was detected in 1989.2 Since then, the number of HIV cases has grown to an estimated 7,500 in 2011. This represents less than 0.1 percent of the total population. In 2011, the National AIDS / STD Program (NASP) reported 445 new cases of HIV, 251 new AIDS cases and 84 AIDS related deaths. Thus the cumulative number of reported HIV cases to date in Bangladesh stands at 2,533, AIDS cases at 1,101 and deaths at 325.

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Legal Reference Brief Pakistan: Protective Laws Related to HIV, Men who have Sex with Men and Transgender People. SAARCLAW, IDLO and UNDP. (2013)

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The first case of HIV in Pakistan was diagnosed in 1987. At the end of 2009, Pakistan had an estimated 98,000 people living with HIV. Until recently Pakistan was classified as a low prevalence high risk country. Now Pakistan is considered to be in a concentrated phase of the epidemic. The concentrated HIV epidemic is primarily among high risk populations, with injecting drug users (IDUs) exhibiting the highest HIV prevalence (27.2%) in 2011, followed by Hijra or transgender and male sex workers (MSW s) at 5.2% and 1.6%, respectively. Female sex workers (FSWs) exhibit a prevalence of 0.6%.

 

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Legal Reference Brief Sri Lanka: Protective Laws Related to HIV, Men who have Sex with Men and Transgender People. SAARCLAW, IDLO and UNDP. (2013)

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Since the first reported case of HIV in 1987, Sri Lanka has had a low prevalence of HIV with less than 0.1% of its adult population living with HIV as of December 2009. As of the end of 2011, Sri Lanka has reported a cumulative total of 1,463 HIV cases with 146 new cases being reported in 2011.

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Meeting the HIV Treatment and Health Needs of Gay Men and Other Men Who Have Sex with Men. UNAIDS. (2013)

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This meeting report highlights the discussions held with lesbian, gay, bisexual and transgender (LGBT) and AIDS advocates regarding the current epidemiological situation of HIV among gay men and other men who have sex with men (MSM), how to improve their access to HIV treatment, and the health and human rights challenges they face. The report also highlights recommendations made by participants to help inform the actions to be taken by UNAIDS and partners in meeting the HIV treatment and health needs of gay men and other MSM.

 

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National Consultation on Punitive Laws Hindering AIDS Response in Bangladesh. National AIDS and STD Programme, UNAIDS and UNDP. (2013)

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The objectives of the workshop were to identify the laws hindering the AIDS response and build consensus on reforms needed to create an enabling legal environment for access to HIV services and to chalk out a time bound action plan identifying priorities for the amendment of punitive and discriminatory legal environment that are impeding AIDS responses.

 

The consultation was attended by 82 participants. The inaugural session, which was attended by eminent personalities, expressed the need for the timely intervention, while the overview of the HIV/AIDS epidemic in Bangladesh painted a vivid picture to the participants in understanding the gravity of the AIDS epidemic and limitations of the current response.

 


Keywords: HIV, PLHIV, FSW, PWID, migrants, MSM, transgender people/hijra, discrimination, stigma, workplace, healthcare

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National Human Rights Commission of Bangladesh - Report to the Regional National Human Rights Institutions Project on Inclusion, the Right to Health and Sexual Orientation and Gender Identity. UNDP, IDLO and APF. (2013)

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This paper will first outline the overall human rights situation with regard to people of diverse SOGI, and HIV. The second section focuses on the mandate and powers of the NHRC. The third section, against the backdrop of the first two sections, details the NHRC’s rights reporting mechanisms and initiatives on inclusion, the right to health, SOGI and HIV.

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National Human Rights Commission of India - Report to the Regional National Human Rights Institutions Project on Inclusion, the Right to Health and Sexual Orientation and Gender Identity. UNDP, IDLO and APF. (2013)

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Sexual minority groups in India have long been subject to criminalisation, discrimination, virulent social stigma and harassment. Numerous reports, accounts, and narratives document the wide range of human rights violations faced by MSM and transgender people in India. These violations increase manifold the vulnerability of these groups to HIV. Additionally, the criminalisation, discrimination, stigma faced by MSM and transgender are major barriers to HIV prevention, treatment, care and support.

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National Human Rights Commission of Indonesia - Report to the Regional National Human Rights Institutions Project on Inclusion, the Right to Health and Sexual Orientation and Gender Identity. UNDP, IDLO and APF. (2013)

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One of the principles of human rights is the right to be free from discrimination. The concept of human rights states that human beings are born equal and equivalent. In regard to this principle of non-discrimination, the lesbian, gay, bisexual and transgender (LGBT) community and people with HIV can be categorized as a group vulnerable to human rights violation. Within the concept of human rights, the state must take affirmative action on behalf of vulnerable groups.

In 2011, Indonesia ratified the International Covenant on Economic, Social and Cultural Rights. Article 2, paragraph 2 states that:

"States Parties to the present Covenant undertake to guarantee that the rights set forth in the present Covenant will be exercised without discrimination of any kind as to race, color, sex, language, religion, political or other views, national origin or social origin, property, birth or other status.”

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National Human Rights Commission of Nepal - Report to the Regional National Human Rights Institutions Project on Inclusion, the Right to Health and Sexual Orientation and Gender Identity. UNDP, IDLO and APF. (2013)

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The National Human Rights Commission of Nepal (NHRC) has taken a special interest in protecting and promoting the rights of LGBTI people through its plans, policies and activities. For example, the NHRC has expressly included LGBTI rights in its Strategic Plan. The NHRC has actively monitored and investigated human rights violations against LGBTI people and conducted activities developing capacity, raising awareness and advocating for the rights of LGBTI people. In order to undertake these activities, the NHRC has appointed an LGBTI focal person.

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Pages

database
Highlighted publications
http://aidsdatahub.org/sites/default/files/highlight-reference/document/Nepal-IBBS-FIDU-Kathmandu-valley-RI-2016.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/UNAIDS_Get_on_the_Fast-Track_2016.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/NEC_HIV_July-Oct-AIDSreg2016.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/UNAIDS_methods_for_deriving_estimates_2016.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/UNAIDS_Global_AIDS_Response_Progress_Reporting_2016.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/2015_Size_Estimation_of_Key_Affected_Populations_in_Philippines.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/Assessment_of_Decentralization_of_ART_in_MMR_2016.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/UNAIDS-2016-prevention-gap-report_en.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/UNAIDS_AIDS_by_the_numbers_2016.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/UNAIDS_Biomedical_AIDS_research_2016.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/Implementing_comprehensive_HIV_and_STI_programmes_with_transgender_people_2016.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/UNAIDS_cities_ending_the_aids_epidemic_2016.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/Philippines_2015_IHBSS_Factsheets.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/Pakistan_IBBS_Report_Punjab_2014_0.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/WHO_Integrating_collaborative_TB_and_HIV_services_within_a_comprehensive_package_of_care_for_PWID_2016.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/India_IBBS_report_2014-15.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/India_HSS_report_2014-15.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/The_negative_impact_of_drug_control_on_public_health_2015.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/2015_young_people_drugs_en.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/Death_Penalty_for_Drug_Offences_Global_Overview_2015.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/Transforming_our_world_2015_UN.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/WHO_Consolidated_on_the_use_of_antiretroviral_drugs_for_treating_and_preventing_HIV_infection_2016.pdf
http://aidsdatahub.org/sites/default/files/highlight-reference/document/Consolidated_Strategic_Information_Guidelines_for_HIV_in_Health_Sector_2015.pdf
Calendar of events
Mar
24
(24 Mar - 24 Mar)
Apr
7
(7 Apr - 7 Apr)
May
17
(17 May - 17 May)