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Resource | Publications,
This report documents the presentations and discussions from the China National Lesbian, Gay, Bisexual and Transgender (LGBT) Community Dialogue (16–18 August 2013, Beijing), the Asia-China Transgender Community Roundtable (11 November 2013, Beijing), as well as additional desk research.
The Dialogue generated a comprehensive overview of the social, cultural and legal environment where Chinese LGBT people live and LGBT NGOs operate and included in-depth discussions on LGBT rights in China in the areas of: health, education, family, media, community development, employment and the law.
Resource | Publications,
This report examines the Custody and Education system. Over the course of Asia Catalyst's research into the system, we found serious conflict between the C and E system and international human rights law. As a coercive administrative education measure that deprives citizens of their personal liberty for extended periods of time, C and E also has an extremely fragile legal foundation in Chinese law, given that the main documents on which it is based are not laws but regulations. Individuals detained under the C and E system are denied a fair trial and lack all essential procedural rights such as the right to a defense and a hearing. This report analyzes China’s relevant laws and policies, as well as documentary data from inside and outside of China.
Resource | Publications,
The report aims to demonstrate the role of media in reflecting and perpetuating stigma and discrimination against key affected population and people living with HIV by identifying key issues and challenges and provide recommendations for strengthening the role of media advocacy in creating an enabling environment for HIV prevention, treatment and care.
Resource | Infographics,
Data on key populations from 2008 to 2013 show how gender-based violence works as a cause and consequence of HIV in the Asia and the Pacific.
Resource | Publications,
This Project, Assessing the Capacity of National Human Rights Institutions to Address Human Rights in relation to Sexual Orientation, Gender Identity and HIV (NHRI SOGI Project or the Project), forms part of broader regional collaborative efforts to promote an enabling legal environment for the response to HIV. The NHRI SOGI Project aimed to build understanding of the capacity and response of selected Asian National Human Rights Institutions (NHRIs) to the human rights issues faced by people of diverse sexual orientation and gender identity (SOGI).
In much of Asia, SOGI-related stigma and discrimination strips people of their rights and excludes them from mainstream health programs, public services, and economic opportunity. Stigma and discrimination also have the effect of increasing the acceptability and incidence of violence perpetrated against men and women of diverse SOGI and transgender people. Under these circumstances people of diverse SOGI face ongoing and dehumanizing harm, humiliation and exclusion. Driven underground, people of diverse SOGI are denied the ability to live productive lives as contributing and engaged members of society. Deep set socio-cultural prejudices are exacerbated by punitive and discriminatory legal frameworks, criminalization of same-sex sexual relations in a number of jurisdictions, and law enforcement practices.
Resource | Publications,
Transgender people are an integral part of the traditional culture of many countries in Asia and the Pacific and in many places have been accepted into traditional daily life. In September 2012, a regional meeting of transgender advisers and activists adopted a working definition for transgender people in the Asia Pacific context. The adopted definition states that transgender people are: “Persons who identify themselves in a different gender rather than that assigned to them at birth” and may choose to “express their identity differently to that expected of the gender role assigned to them at birth.” Transgender people in the region “often identify themselves in ways that are locally, socially, culturally, religiously, or spiritually defined,” using local terminology and indigenous labels, despite these terms often being derogatory and marginalizing. A report in 2012 documented 50 such different terms for transgender people across 16 countries.
However, acceptance and integration of transgender women and, to a lesser-documented extent, transgender men, into the daily fabric of local community life has diminished in recent times. Many assert that this change has been influenced by ‘western’ ideals. Societal acceptance and support of gender identification and varied sexual orientation has been declining, which is resulting in heightened discrimination of transgender people. Cultural and economic influences from the west have brought stigma, prejudice and discrimination towards those in Asia and the Pacific region who are transgender, along with men who have sex with men (MSM) and women who have sex with women.
Resource | Publications,
In the Asian region, Afghanistan, Bangladesh, Pakistan, Maldives, Malaysia and Indonesia have a majority Muslim population. Although Islam is in a minority in India, the influence it has on men who have sex with men (MSM) and transgender people is similar to that of MSM and transgender people in majority Muslim countries. This is indicative of the fact that Orthodox Islam comes with a particular power that has an overwhelming influence on Muslims, irrespective of population size and geography.
This discussion paper examines why Islam matters in preventing HIV, what Islam and Muslim scholars say about MSM and transgender people, as well as how this impacts on the lives of MSM and transgender people and their access to health services. Muslim MSM were interviewed to provide some anecdotes for the discussion paper, and desk-based research was undertaken. It provides a number of recommendations aimed at human rights organisations, human rights defenders, gender activists, policy makers, Islamic scholars and Islamic organisations.
Resource | Publications,
As agents of justice, it is critical that members of the judiciary are empowered with up-to-date knowledge and understanding of the science of HIV transmission, prevention, treatment, care and support; epidemiological developments; and the evolving roles of the law and the judiciary in HIV responses. Enhancing the capacity of the judiciary to address HIV-related legal and human rights issues is a vital component of creating enabling legal environments that support eff ective national HIV responses. Building on the work of the Global Commission on HIV and the Law, The Compendium of Judgments, HIV, Human Rights and the Law, is a collation of progressive jurisprudence on HIV-related matters that highlights how the law has been used to protect individual rights. The compendium presents a user-friendly compilation of judgments from different national and regional jurisdictions.
Resource | Publications,
India has the highest number of HIV/AIDS cases in the world. Current HIV/AIDS prevention strategies are based on regular and appropriate condom use. However, most commercial sex workers (CSWs), who form the core/high risk groups towards whom the prevention strategy is directed, are disempowered, and are economically marginalized which does not allow them to insist on 100% condom use by the client, especially in absence of governmental structural support. It is necessary to improve the basic living conditions of CSWs to provide the foundation for using condoms regularly, consistently and appropriately in every encounter and refuse a client who refuses to comply.
This policy paper argues that CSWs can be empowered and emancipated and suggests that HIV/AIDS control and prevention efforts in India must recognize that ad-hoc promotion of condom use or similar such programs will not be enough, and that more extensive developmental work aimed at betterment of basic living conditions of CSWs is required to fulfill HIV/AIDS prevention goals.
Resource | Publications,
This report provides findings and recommendations from the National Review of Cambodia's legal framework and its impact on access to health and HIV prevention and treatment services for people living with HIV (PLHIV) and most-at-risk populations (MARPs). The National Review was conducted from September – November 2013.
The objectives of the National Review were:
- to analyze the legal environment (including laws, policies, law enforcement practices and access to justice) and assess its impact on access to and uptake of HIV prevention, treatment, care and support services by people living with HIV and key HIV-affected populations; and
- to make concrete recommendations for removing legal and policy barriers to improve the enabling environment for HIV responses.