A/79/177
mechanisms; and enacting measures that support access to comprehensive sexual
education, contraception, services to address sexually transmitted infections, including
prevention, screening and treatment, and wider access to health services. 167
5.
Same-sex relations
77. Sexual orientation is recognized as prohibited grounds of discrimination. 168
Furthermore, “[t]he criminalization of private, consensual same -sex conduct creates
an environment that is not conducive to affected individuals achieving the full
realization of their right to health”. 169 In this case, harm reduction grounded on a
rights-based approach therefore requires the decriminalization of same-sex
relations. 170
78. Decriminalizing same-sex relations is essential to health and human rights. Yet
it is important to highlight certain measures that can be adopted or implemented to
reduce the health harms associated with criminalization while the fight for
decriminalization persists. These include measures to reduce the discriminatory
policing of LGBTIQA+ persons, and measures to prevent violence – including sexual
violence – against LGBTIQA+ persons, such as in settings of incarceration. 171
Furthermore, policies can prohibit discrimination based on sexual orientation in
various contexts surrounding the social determinants of health, such as with housing,
employment, education and health care. 172
B.
Regulation of corporate actors
79. Harm reduction for peace and sustainable development requires regulation that
is cohesively developed by States in a way that is more or less restrictive depending
on scientific evidence and considering power asymmetries, alongside the disparate
impacts of both harm and harm reduction. 173
80. While commercial actors have long shown a preference for self -regulatory and
co-regulatory approaches over direct Government regulation, 174 such measures have
been shown to lead to legal gaps and inconsistencies, making them less transparent 175
and less effective, and there is a lack of mechanisms for adequate industry
accountability. 176
__________________
167
168
169
170
171
172
173
174
175
176
18/28
Shree Schwartz, Nikita Viswasam and Phelister Abdalla, “Integrated interventions to address sex
workers’ needs and realities: academic and community insights on incorporating structural,
behavioural, and biomedical approaches”, in Sex Work, Health, and Human Rights, Goldenberg
and others, eds.
Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 32.
A/HRC/14/20, para. 24.
Ibid., para. 26.
Independent Expert on sexual orientation and gender identity, “The impact of colonialism in
violence and discrimination based on SOGI (sexual orientation and gender identity)”, October
2023.
Living Free and Equal: What States are Doing to Tackle Violence and Discrimination against
Lesbian, Gay, Bisexual, Transgender and Intersex People (United Nations publication, 2016).
A/HRC/56/52, para. 56.
Gilmore and others, “Defining and conceptualizing”.
A/69/286, paras. 20–21 and 101.
CRC/C/CHE/CO/5-6, para. 16.
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