Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 9
Paragraph- Paragraph text
- These laws represent an infringement of the right to health as outlined in article 12 of the International Covenant on Economic, Social and Cultural Rights. Article 2, paragraph 2, of the Covenant requires that State parties undertake to guarantee that the rights within the Covenant, including the right to health, are exercised without discrimination of any kind, including on the basis of "other status". This is further developed in general comment No. 14 (2000) of the Committee on Economic, Social and Cultural Rights, which notes that the Covenant proscribes any discrimination in access to health care and underlying determinants of health, including on the grounds of sexual orientation (para. 18). The Committee also recognizes gender identity as a prohibited ground of discrimination. In its general comment No. 4 (2003), the Committee on the Rights of the Child also confirmed that "other status" extends to sexual orientation (para. 6). Such criminalization impedes the right to health, not only through discrimination, but by denying equal access to health services, as will be demonstrated.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- All
- Children
- Year
- 2010
- Paragraph type
- Other
- Reference
- SR Health, Report to the HRC (2010), A/HRC/14/20, para. 9.
- Paragraph number
- 9
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