Repressive – countries whose laws

Repressive – countries whose laws prohibit sexual intercourse between people of the same sex
• Highly repressive – countries whose laws consider sodomy a crime and impose severe penalties such as
death, heavy labour, imprisonment for at least five years
• Moderately repressive – countries whose laws consider sodomy a crime and impose penalties of less than
five years or fines
Neutral – countries that do not have any legal prohibition of same-sex behaviour nor address sexual diversity
Protective – countries whose laws prohibit discrimination against sexual diversity in the constitution or legislation,
with or without positive measures of recognition
• Protective with protection measures – countries whose laws prohibit discrimination against sexual diversity,
but which do not demonstrate any positive measures of recognition
• Protective with recognition measures – countries whose laws include an explicit prohibition of discrimination
against sexual diversity, with positive measures such as marriage, civil union, recognition of the rights of
transgender people.
In summary, the authors note that repressive legal systems constitute obstacles to the promotion of human rights
and realization of health, including HIV prevention, among sexually diverse populations. In some regions (particularly
the Caribbean and sub-Saharan Africa), the legal traditions of Common Law and Customary Law are associated
with repressive legal systems. However, it was noted that although legal systems are key, culture is also central to
16 Prevention and treatment of HIV and other sexually transmitted infections
among men who have sex with men and transgender populations
the protection of human rights and health. Achieving the goal of human rights for all is likely to not only face legal
barriers in some regions, but also political, institutional, cultural and religious barriers.
One common obstacle to the advancement of rights for MSM, transgender people and other sexual minority
populations is the lack of knowledge and evidence about them in many countries of the world. In this regard, the
HIV/AIDS epidemic and other issues in sexual and reproductive health may provide opportunities for countries to
legitimize scientific enquiry about sexuality and reproduction. Such scientific research includes a focus on those
behaviours that may otherwise remain clandestine or socially stigmatized. Scientific research may therefore act as
an arena for bringing together those who are interested in promoting and defending human rights, and key leaders
who are concerned about the well-being of all inhabitants in their country.