realization of health, including HIV prevention

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.
Reviewing the global findings regarding the characteristics of different legal traditions and development of policies
which are repressive, neutral, protective or supportive, the authors identify several strategies for promoting and
protecting the rights of MSM, TG and other sexual minority populations:16
• Consider using the judicial system in situations where the legislature is unlikely to be supportive of recognizing
rights.
• In repressive legal systems with religious, customary or traditional influences, promoting awareness that
inconsistencies exist within and between local traditions and religions on the issue of sexual diversity may lead
to a protective understanding of sexual rights.In countries where regimes are neutral, and where national legal
systems are of mixed origin, based on both Common and Customary Law, traditional approaches may be
hostile to sexual diversity. It may be possible, however, to emphasize the perspective of human and sexual
rights present in both Civil and Common Laws.
• Joining demands for human rights based on sexual diversity with those based on other factors such as gender,
race and ethnicity may promote solidarity and increase the chances of overcoming legal barriers.
• In many countries, it is necessary to work with enforcement officials to enforce existing protective laws and
create awareness among the general public and sexually diverse populations.
• In countries where national legal systems are repressive, regional or global courts may be used to propose the
adoption of protective guidelines, thus creating external pressure in favour of internal demands for human
rights.